City Council Minutes - 01/25/2011 Agenda Item No. 3.A.2
s
Meeting of February 22, 2011
City of Tigard
Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD,AND
CITY CENTER DEVELOPMENT AGENCY
MEETING DATE AND TIME: January 25, 2011
City of Tigard - Town Hall - 13125 SW Hall Blvd.,
MEETING LOCATION: Tigard, OR 97223
STUDY SESSION
Mayor Dirksen called the meeting to order at 6:30 p.m.
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
Staff Present: City Manager Prosser,Assistant City Manager Newton, Police Chief Orr, Public
Works Director Koellermeier, Cominunity Development Director Bunch, Assistant Community
Development Director Hartnett, Police Assistant Chief Bell, Redevelopment Project Manager
Farrelly, Senior Management Analyst Wyatt, Police Captain deSully,Associate Planner/Arborist
Prager, Parks Facilities Manager Martin, City Attorney Ramis, City Recorder Wheatley
A. Update on Urban Forestry Code Revisions Project Schedule
Associate Planner/Arborist Prager presented the staff report.
Issue before the City Council: Proposal to extend the Urban Forestry Code Revisions
project timeline by 6 months to allow the Citizen Advisory Committee more tune to
deliberate and staff more time to develop a well-prepared proposal. Staff would like Council
to provide direction on the proposed revised timeline.
Consensus of City Council was to accept the staffs proposed revised timeline as submitted
in the Council packet materials.
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B. Discuss City's 50th Birthday Celebration (This item was discussed after the business
meeting.)
Assistant City Manager Newton presented the staff report.
Issue before the City Council: Update and discussion on the City's 50`" Birthday
Celebration.
During the 2010 - 2011 budget process last spring, the city's Events Coordinator position
was eliminated. During the discussions with the Budget Committee, staff advised the
members that funding for city events was also discontinued. The 2010 - 2011 budget was
adopted last June without funding for Family Fest or recognition of the city's 50th birthday.
In the requested budget for 2011 - 2012, staff will request $5,000 for the city's birthday
celebration. That would fund an event the afternoon of Sunday, September 11 (the City's
actual 50th birthday) in the Community Room at the Library. The event would feature
music, cake, and remarks by Mayor Dirksen and Curtis Tigard. In addition, attendees would
have the opportunity to read "Tigard memories" previously submitted by current and
former residents or write their own. The scale of this event could be planned,promoted and
coordinated by existing staff. The event would be promoted in Cityscape, on the
Neighborhood Network web pages, and local media. Involvement could be solicited from
Tigard citizens and businesses.
C. Administrative Items —City Manager Prosser reviewed the following with the City Council:
• Agenda Item No. 5, ConsiderAnaerrding Tisard Municipal Code Chapter 12, Illater and Severs, set
over to the March 22, 2011 Tigard City Council Business Meeting.
• Updated draft of the 2011 City Council goals was distributed to the City Council for
consideration during the business meeting;Agenda Item No. 7
• Pacific Highway/Hall/Greenburg/Main Completion Celebration. Council input for
invitations sought and City Council members were asked to send feedback to Streets and
Transportation Senior Project Engineer McCarthy on invitation suggestions. During brief
discussion, the following groups/individuals were suggested: Transportation Committee,
ODOT staff member_Jason Tell and Matt Garrett, former members of the Financial
Strategies Task Force.
• City Attorney interviews scheduled for Tuesday, February 1, 2011, 6:30 p.m. u7 Town Hall or
Red Rock Creek Conference Room.
• Dinner meeting proposed with Tualatin Valle}' Fire & Rescue,Tigard City Council, and key
staff members of both agencies at new headquarters located in Tigard. Proposed date is
March 29, the fifth Tuesday of the month. Meeting agenda to be developed for topics of
mutual interest. Council members were asked to give some thought of agenda topics and
send suggestions to Assistant City Manager Newton before March 10. Mayor Dirksen
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suggested two topics for discussion: 1) How are the building/rebuilding efforts by TVF&R
proceeding and 2) How is the economy affecting TVF&R.
• Council agreed to a special meeting on Tuesday, March 1, 6:30 p.m. to discuss a proposed
work program implementing 2011 City Council goals with Executive Staff members.
• March 15, 2011 City Council workshop is canceled (NLC Conference week).
• Time is now to consider whether the City of Tigard will present an Exemplary Citizen
Award. After discussion, consensus of City Council was this does not need to be an every
year event; however, the preference would be that if the award were given that it is done at
the Chamber's Shining Stars Banquet. Assistant City Manager Newton will send out the list
of criteria for nominations to the City Council for review as the members think about
nominees. This item will be discussed again at the February 8, 2011 Council Study Session.
• West Linn Councilor Mike Jones expressed a desire for a Tigard and/or Lake
Oswego elected official to attend the February 7, 2011 West Linn Council meeting for
an elected official's perspective on the water partnership. After discussion, Council
consensus was for a Lake Oswego City Council member to attend this West Linn City
Council meeting with a Tigard City Councilor accompanying him or her. Council President
Buehner volunteered to attend as the Tigard City Council member representative.
• Council Meeting Calendar:
o February 1, City Attorney Interviews, 6:30 p.m.
o February 8, Business Meeting, 6:30 p.m.
o February 15,Workshop Meeting, 6:30 p.m.
o February 22, Business Meeting, 6:30 p.m.
• TIGARD CITY COUNCIL AND CITY CENTER DEVELOPMENT AGENCY
EXECUTIVE SESSIONS (CCDA): The Tigard City Council went into Executive Session at
6:50 p.m. to discuss real property transaction negotiations and for consultation with legal
counsel regarding pending litigation or litigation likely to be filed under ORS 192.660(2) (e)
and (h). The Tigard CCDA was also scheduled to go into Executive Session to discuss real
property transaction negotiations under ORS 192.660(2) (e). Due to time constraints, the
Council/CCDA Executive Session recessed before the business meeting and then resumed
after the busuiess meeting.
Executive Session recessed at 7:28 p.m.
1. BUSINESS MEETING -JANUARY 25, 2011 ��-qq
A. Mayor Dirksen called the meeting to order at 7:37 p.m. 1J
B. Roll Call
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
TIGARD CITY COUNCIL MINUTES —January 25, 2011
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Councilor Wilson ✓
Councilor Woodard ✓
C. Pledge of Allegiance
D. Call to Council and Staff for Non-Agenda Items C
City Manager Prosser announced the successful sale of$17 million Parks Bond and the $9
million Library Bond refunding. Bids were awarded based on the lowest total interest
costs:
• Wells Fargo Bank, NA was awarded the parks bond bid. The cost will be $0.275
per$1,000 of assessed value in the first year of the 20-year bond, equating to
$56.84 to a homeowner with a median assessed value of$207,000. This is a
savings from what was stated in the ballot,which was $60 in the first year for the
same average home. In summary, the sale represents a total savings of$1,421,093
from what was stated in the ballot.
• Citigroup Global Marks, Inc.,was awarded the refunding of the library bond. With
this award,Tigard property taxpayers will save $863,289 over the remaining 12
years of the library bond.
Tigard will save property taxpayers $2,284,382 over the next 20 years based on January 25's
bond sale results.
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2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication: None
B. Tigard High School Student Envoy Tracie Tran presented update on Tigard High School
activities as well as events for athletics and academics. A copy of the highlights of her
report is on file with the meeting packet materials.
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C. Tigard Area Chamber of Commerce Executive Director Debi Mollihan presented a report
on upcoming Chamber events. A copy of the highlights of her report is on file with the
meeting packet materials.
D. Citizen Communication—Sign Up Sheet JDA No one signed up.
Mayor Dirksen reviewed.
3. CONSENT AGENDA:
A. Draft minutes will be distributed to the City Council and included in the electronic meeting
packet no later than Monday, January 24, 2011 or rescheduled to a future date.
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1. October 26, 2010
2. November 9, 2010
3 No-rx,,ffiber 23 20 n Set over to February 8, 2010
B. Appoint Kim Moreland and Donald Schmidt to the Transportation Advisory Committee
RESOLUTION NO. 11 - 01 -A RESOLUTION APPOINTING KIM MORELAND
AND DONALD SCHMIDT AS VOTING MEMBERS OF THE TRANSPORTATION
ADVISORY COMMITTEE
C. Change the Name of the Committee for Citizen Involvement to the Neighborhood
Involvement Committee and Adopt New Bylaws
RESOLUTION NO. 11-02 -A RESOLUTION CHANGING THE NAME OF THE
COMMITTEE FOR CITIZEN INVOLVEMENT (CCI) TO THE NEIGHBORHOOD
INVOLVEMENT COMMITTEE (NIC) AND ADOPTING NEW BYLAWS
D. Schedule a Public Hearing for Vacation of Right-of-Way on Burnham Street Adjacent to
Matsumoto Property
RESOLUTION NO. 11-03 --A RESOLUTION SETTING A DATE OF A PUBLIC
HEARING REGRADING THE VACATION OF AN APPROXIMATELY 114
SQUARE FOOT PORTION OF THE BURNHAM STREET PUBLIC RIGHT OF
WAY,WHICH IS ADJACENT TO 8770 SW BURNHAM STREET (WASHINGTON
COUNTY TAX MAP 2S102DA,TAX LOT 300) AND LIES APPROXIMATELY 200
FEET WEST OF HALL BOULEVARD
E. Approve Hall Blvd. Right-of-Way Dedication Located at the Knoll @ Tigard Project to the
Oregon Department of Transportation
RESOLUTION NO. 11-04 --A RESOLUTION APPROVING A QUITCLAIM DEED
TO THE OREGON DEPARTMENT OF TRANSPORTATION FOR RIGHT OF WAY
ON HALL BOULEVARD PREVIOUSLY DEDICATED TO THE CITY OF TIGARD
FOR RIGHT-OF-WAY PURPOSES
F. Local Contract Review Board:
1. Approve Purchase of a Vactor Truck from Owens Equipment
2. Award Contract for Meter Reading Services to Metereaders,LLC
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Council Woodard advised he would abstain from voting on the Council meeting minutes listed
in Item 3A as these meetings took place before his term of office began.
Motion by Council President Buchner, seconded by Councilor Wilson, to approve the Consent
Agenda.
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The motion was approved by a *unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buchner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes* -Abstained from voting on Item 3A.
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4. INFORMATIONAL PUBLIC HEARING TO ESTABLISH SW 100TH AVENUE
SANITARY SEWER REIMBURSEMENT DISTRICT NO. 42
• Mayor Dirksen opened the public hearing.
• This is an informational public hearing u1 which any person shall be given the opportunity to
comment. The formation of the reimbursement district does not result in an assessment
against the property or lien against the property.
• City Engineer Kyle presented the staff report, summarizing the key elements of the
proposed district and the process to date. He reviewed the nature of the comments received
from residents located within the District. In general, owners are supportive of the project
although there are concerns about future development changing the character of the
neighborhood.
• Public Testimony
o Mary Bauman, 10270 SW View Terrace advised she would like her property to be
included in the project. City Engineer Kyle confirmed for the City Council that Mr. and
Mrs. Bauman are now within the proposed district.
o Rob Ruedy presented oral testimony and a copy of his presentation to the City Council is
on file with meeting packet.
�J Mayor Dirksen commented that the method of assessing the costs to property
owners in this district is consistent with how all previous districts were calculated. The
method appears to be fair.
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6LJ City Engineer Kyle responded to key points in Mr. Ruedy's testimony:
o If the district is delayed a year,it is possible someone might develop and pay for a
large part of the costs; however he pointed out that the bid climate at this time is
favorable.
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o City Engineer Kyle suggested bids be sought at this time and then work with the
contractor if a longer time period for the construction is needed. The current
bidding climate is good.
o City Engineer Kyle advised there is some cleanup work to be done on the
construction documents. .He said staff would confirm with each property owner the
best location for sewer service.
o City Engineer Kyle agreed with Mayor Dirksen's statement that the proposed
assessment method has proven to be a good way to proceed and has been used for a
number of years for prior districts.
o Ciry Engineer Kyle referred to concerns about depth of sewers. He advised of the
preference for full gravity service for every lot because full gravity is more reliable
than service requiring a pump.
o City Engineer Kyle pointed out that no one needs to incur any cost for hooking up
to the sewer until they choose to connect.
• City Engineer Kyle advised that staff recommended that the City Council proceed to form
the district.
• Council Discussion:
Councilor Woodard said reimbursement districts appear to be a good deal and,in the long
term,is the right thing to do.
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Mayor Dirksen gave background for establishing the sewer reimbursement program,which
represented the City Council's effort to get entire city connected to the sewer system in
reasonable amount of time. Dense population growth spurred the preference to get sewer
services away from septic systems because of groundwater contamination concerns.
• Mayor Dirksen closed the public hearing IR
• City Council Consideration:
Motion by Councilor Wilson, seconded by Council President Buehner, to adopt Resolution
No. 11-05.
RESOLUTION NO. 11-05 --A RESOLUTION ESTABLISHING SANITARY SEWER
REIMBURSEMENT DISTRICT NO.42 (SW 100TH AVENUE)
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
5. ,.
S7H!VE-RS ORBINA-NCR
This item was set over to the March 22, 2011 Tigard City Council Meeting Agenda.
6. REPORT ON NATIONAL LEAGUE OF CITIES CONGRESS OF CITIES -
COUNCILOR HENDERSON
Councilor Henderson presented information on Local Govvrnnaents for Suslainability. He referred
to two documents,which were distributed to the City Council and reviewed during his report:
1. Sustainability Goals & Guiding Principles —Star Community Index—ICLEI, Local
Governments for Sustainability.
o Document contains the release of 81 goals and 10 guiding principles that collectively
define community-scale sustainability and form the foundation of STAR—a national
rating system that will offer local governments a roadmap for creating healthy,inclusive,
and prosperous communities. The Goals provide a vocabulary that local governments
and their comtnunities can use to strategize and define their sustainability planning
efforts.
2. LEED for Neighborhood Development
o Contact information for a system for rating and certifying green neighborhoods.
During his report, Councilor Henderson reviewed the guiding principles of the Star Community
Index and the future plans to give local governments the tools to accelerate their efforts and
achieve greater success for economic prosperity, health/safety, and climate protection. This
product represents thousands of volunteer hours and the engagement of more than 160
sustainability experts and stakeholders from broad disciplines using a collaborative and
consensus-based process, drawn from government, the nonprofit and private sectors, and
academia.
Councilor Henderson said this is the beginning of a huge program that would work within our
community. He said it would take about ten years to realize the benefits m employing the
sustainable community principles.
TIGARD CITY COUNCIL MINUTES —January 25, 2011
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Mayor Dirksen noted his interest in the rating system under development and would like to see
how our community compares with others for sustainable practices. Councilor Henderson
advised there will be a scoring system available in 2012 and a new LEED program level has been
added.
Council President Buchner said she had become aware of the sustainable community efforts and
was glad to hear of the substantive progress made in recent years.
Councilor Woodard said he has long been interested in LEEDS certification opportunities. He
commented that it appears there are a number of components that could be applied iii the City
of Tigard.
Council meeting recessed: 8:40 p.m.
J Council meeting reconvened: 8:51 p.m.
7. CONSIDER APPROVAL OF THE 2011 CITY COUNCIL GOALS
City Manager Prosser introduced this agenda item and reviewed this year's goal setting process.
Mayor Dirksen reviewed the City Council goals:
2011 TIGARD CITY COUNCIL GOALS
On December 30, 2010, the City Council met to set itsgoalr for the comingyear. There boals represent those items
that the Council feels deserve special attention in the months ahead. The City will accomplish much more than what is
listed bere, but we identify these to be of particular importance to our residents.
1. Implement Comprehensive Plan
a. Show substantial progress on new Tigard Triangle Master Plan.
b. Update Tree Code.
C. Participate in the Southwest Corridor Study.
d. Work with state and regional partners to modify the Transportation Planning Rule.
e. Work with partners on urbanization policy issues.
2. Implement Downtown and Town Center Redevelopment Opportunities
a. Develop strategy and materials to attract developers and tenants.
b. Advance Ash Avenue Railroad Crossing.
3. Complete Plans for Parkland Acquisition
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4. Advance Methods of Communication
a. Communication is a part of everyone's job.
b. Support efforts to change organizational culture.
5. Continue Coordination with Lake Oswego on Water Partnership.
6. Financial Stability
a. Hold the line on the General Fund Budget.
b. Work with partners on long-range solutions to statewide structural problems.
C. Evaluate the City's internal sustainability efforts.
Five-Year Council Goals
• Obtain Ash Avenue railroad crossing in downtown
• Explore 99W Urban Renewal District
• Continue to support the Legislature in addressing the financial needs of state and local
governments in Oregon
• Develop long-term financial strategy
• Start implementing plan for City facility needs
• Develop Sustainability Plan
Long-Term Council Goals
• Continue pursuing opportunities to reduce traffic congestion
• Continue implementing Downtown Urban Renewal Plan
• Continue to monitor the Tigard/Lake Oswego Water Partnership
Motion by Council President Buehner, seconded by Councilor Wilson, to approve the 2011 City
Council goals.
Councilor Henderson commented that these goals were developed with consideration given to
proposals from the staff and community.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
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8. RECEIVE CITY COUNCIL 4TH QUARTER GOAL UPDATE
Senior Management Analyst Wyatt presented the staff report. A summary of progress made is
contained in the report on file with the packet meeting materials.
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9. CONSIDER RESOLUTION URGING THE CITY OF PORTLAND TO REJOIN THE
PORTLAND JOINT TERRORISM TASK FORCE
• Mayor Ditksen noted Portland is soliciting input regarding rejoining the Portland Joint
Terrorism Task Force. Councilor Wilson brought forward the suggestion that the Tigard
City Council formally submit its support for Portland to rejoin.
• Councilor Wilson shared his reasoning for his proposal:
o Portland was a member of the FBI's terrorism task force from 1997 to 2004.
Portland withdrew in 2005 out of concerns for civil liberties and liability because
Portland officers would not be under Portland's direct command.
o While no one was in danger with regard to the recent alleged terrorist bombing
threat at the Tree Lighting event in Portland last year,it was a graphic representation
of what could have occurred. Major events held in Portland impact everyone in the
region.
o Portland is and has always been cooperative with the FBI and they are now
reconsidering membership on the Portland Joint Terrorism Task Force.
o It is important that our state's largest City participate on the Task Force as does
every other major city in the Country.
o Adopting the proposed resolution would inform the City of Portland that suburban
communities are also concerned.
Council discussion/comments on the proposed resolution uiclude the following:
o Council President Buehner advised she has spoken with Councilor Wilson about
concerns she has with transmitting Tigard's proposal in the format of a resolution.
She noted prior experience with uncomfortable circumstances between the cities of
Portland and Tigard when the City of Tigard was considering using the Willamette
River as a drinking water source.
o Councilor Woodard commented that he supported the resolution insofar as it
appears to be the best tool to use to make a strong statement. He pointed out the
potential for casualties and the need to exercise due diligence. If the terrorist threat
had been carried out, the aftermath is unfathomable to contemplate. If we do not
make a strong statement using the best vehicle to do so, then we probably would
commit an injustice.
o Councilor Henderson advised he supports the proposed resolution and added that
he agreed with Councilor Woodard's remarks.
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o Mayor Dirksen said he would be comfortable sending either a letter or a resolution.
However,he noted that Councilor Woodard made a good point about always using
the best tool to do the job,which would be the resolution.
o Councilor Wilson reported that his original suggestion was to send a letter. In
thinking about it further, a resolution is better because it is direct. He does not
believe the Portland City Council would receive the message in the resolution in a
negative way. The City of Tigard is not intending for the resolution to be
disrespectful. With a resolution, a vote will be recorded and it becomes an official
position.
o Council President Buehner reiterated her concerns about how a more formal action
on the part of the City of Tigard might be perceived by Portland and referred to past
experience. She said she was also concerned about setting a precedent. She said if it
is the will of the rest of the City Council to adopt a resolution, she would respectfully
abstain from voting on the matter. In response to a proposal from Mayor Dirksen
that she cast a "no"vote rather than abstain, Council President Buehner said she
would abstain because she supports the substance of the resolution, but it is an
inappropriate vehicle to use to express our concerns.
o In response to a question from Councilor Henderson, Councilor Wilson advised that
consideration to rejoin the task force appears to be less controversial in Portland
than it was in 2005. The City of Portland is actively soliciting comments and the
Portland Council is scheduled to take formal action on the matter on February 24.
Motion by Councilor Wilson, seconded by Councilor Henderson, to adopt Resolution No.
11-06.
Council President Buehner advised she will abstain as she feels a resolution is an
inappropriate vehicle for delivering the City of Tigard's concerns to the City of Portland.
RESOLUTION NO. 11-06 --A RESOLUTION URGING THE CITY OF PORTLAND
TO REVERSE ITS DECISION OF 2005 TO WITHDRAW FROM THE PORTLAND
JOINT TERRORISM TASK FORCE UTTF) AND COMMIT RESOURCES TO THE
CURRENT MAKEUP OF THE JTTF
The motion was approved by a majority vote of City Council present.
Mayor Dirksen Yes
Council President Buehner abstain
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
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10. COUNCIL LIAISON REPORTS: None
11. NON AGENDA ITEMS
City's 50'h Birthday Celebration This item was discussed at this point in the meeting. Please
see the Study Session notes above for a summary.
12. EXECUTIVE SESSION: The Tigard City Council/CCDA reconvened into an Executive
Session at 9:18 p.m.,which was continued from the Executive Session as noted above (Page 3).
13. ADJOURNMENT : 10:14 p.m.
the ' Wheatley,City'Recorder
Attest:
a r,City of Tigard
Date: �_e,fru a,14_.
1\ADM\CATHY\CCM\201ITinal Minutes\110125.docx
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