City Council Minutes - 07/08/2008 Agenda Item No. �/
City t? T1al Council Muting of
Tl ark us * e s Meet* Minutes
TIGAR:D CITY COUNCIL&LOCAL CONTRACT REVIEW BOARD(LCRB)
MEETING DATE/TIME. July 8, 2008/6:30 p.m. Study Session and 7:30 p.m. Business Meeting
MEETING LoCATIC?n Gtyof Tigard ` Town HaH, 13125 SW Hail Blvd., Tigard, OR 97223
630 rig
• STUDY SESSION
Track 6
> Discuss Cry Manager Review Process—Human Resources Department
Human.Resources Director Zodrow reviewed last year's process and farms with the City Council. Copies
of the materials distributed are on file in the City Recorder's office. The City Managees evaluation is
scheduled for August 19,2008. Council members agreed to use the same evaluation form that was used last
year.
12A
> Discuss Partners for a Sustainable Washington County Community(l'S 1 Proposal-
Administration Department
City-Manager Prosser introduced this item. Council members had received a July 3,2008,memorandum
from Assistant City Manager Newton regarding the above-captioned proposal,which will endeavor to
become a clearinghouse for information on sustainability. Assistant City ager Newton facilitated the
discussion with the City Council regarding this matter. When:City Council considered this proposal and
request for City of Tigard's participation on February 12,2018,the City Council decided not to budget
funds for this effort. Council discussion on this renewed request included the following topics:
• Vision Action Network(VAI` —discussed whether the City Council decided to join this yearwhen
it reviewed the Social Services allocations for this fiscal year. The PSWCC is a proposal created.by
VAN.
• An overview of how the PSWGC would be structured,staffed,and its mission.
• A review of the elements of the agreement.
• Potential benefit to the City of Tigard is than we would get information to communicate and
educate with our citizens regarding sustainability.
• Concem expressed that we could get this information:ourselves.
• Concern about the contribution of TTiard's share of$9,200 a year for three years. Councilor
Sherwood commented that she would rather have these dollars spent elsewhere,i.e.,Mayor stipend
or to the Vision Action Network where there is a lot of information sharing.
• City-Manager Prosser suggested the PSWCC should be a public/private partnership.
• Councilor Sherwood noted she thought the Westside.Econon7ic Alliance should take charge on this
endeavor noting they already have the infrastrucnrre.
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• QtyManager Prosser reviewed the financial support for the PSWCC and if an identified potential
participant does not participate,then those that do participate will pay an increased cost for
participation because the amount of funding for the proposal will not be reduced.
• .Assistant City Manager Newton reviewed the startup projects proposed.
• Mayor Durksen commented on all of the activity regarding sustainability that has been occurring
recently. He said this is not something to be tacked on top of eve i g else you ars:doing;rather,
sustainabilityshould be part of everything a jurisdiction does and this is-what Tigard has tried to do.
For example,as-we've replaced vehicles,the(atyhas purchased hybrids. Conservation of water and
electricity and recycling have consistently been a topic on the City's website and practices.
• Assistant CatyManager Newton said that most of the information and resources to be offered
through the proposed PSWC,+Ccould be obtained on the internet. Perhaps there would be some
research needed,however.
• C.ouncilor Sherwood advised that this program would be physically located at Portland Community
College.
• Assistant City ager Newton said the Tualatin Valley Water District and Clean dater Services
are interested in the best management practices portion of the proposal. The Countyis concerned
because they are feeling pressure to offer more in the area of sustainability and they do not feel they
can bear the financial burden of creating an office. Her impression was that,at first,this was going
to be a C:ountyOffice of Sustainability:
• Councilor Wilson suggested that whatever your discipline is,i.e.,delivering water and you are
interested in conserving water,then you should be looking across the country to your colleagues.
CltyManager Prosser advised the TVWD has done a lot towards this end to keep abreast of
technology and also have a staff person designated as a sustainability coordinator. The coordinator
indicated that a lot of tune is spent looking for information on the Web. One of the advantages to
PSWGC is that they will be looking for this type of information so it will be more like "one-step
shopping" for resources.
• City Manager Prosser referred again to a public/private organization,which he thinks-would be the
best way to go about developing a regional sustainability program. If the City of Tigard decides not
to join now,we could join later.
• Councilor Buelznerr said that perhaps a recommendation be made to approach the Westside
Economic Alliance. Councilor Sherwood commented that Jonathan Scheulter is a leader in taking
all kinds of challenges in this County and she conjectured that he would see the benefit of this type`
of endeavor.
• Councilor Woodruff noted the Citycf Tigard is a paying member of the Regional Water
Consortium,which also contributes to sustainable practices.
• Councilor Sherwood said she would rather contribute$2000 to the Vision Action Network
• Councilor Buehner added that the Gtyof Tigard has a water conservation specialist in the Water
Division.
Council consensus was it would not join the PSWCC at this time.
r018
} Extension of Fuel Tax Collection Period— Community Development Department
Caty Engineer Duenas reviewed this item with the City Council. He referred to his discussion with the Caty
Council earlier this year and direction to staff was to seek Oregon Department of Transportation (C)DO'I)
assistance. C)DOT's funding is totally committed for the next five years and funding cuts are expected in
the years beyond. No funds are available from ODOT for the Greenburg Road/Highway 99W/Main
Street intersection improvements. Gty Engineer Duenas asked if the Cty Cxouncil was ready to move
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ahead on extending the fuel tax period. Councilor Sherwood said she thought the City Council needed to
extend the tax period, Councilor Buehner asked when the City has to out for bonding. CatyEngineer
Duenas said when we get ready to buy right of-way. The project is about 50 percent designed, Within a
year,we should be readyto buy property.
Council consideration of an extension for the administration and collection of gas tax will be scheduled for
a future City Council agenda.
Councilor Sherwood said that at the same time the Cary is getting this intersection project ready to go,that
the City not give upon the state or any federal money,
City`Manager:Prosser advised the City Council on the process for the bonding of the project.
In response to a question from Councilor Woodruff about a press release on the City Council's plan to
consider an-extension of the fuel tax,City Engineer Duenas advised that the Council would hold a public
hearing. During comments,CtyManager Prosser reminded the City Council that in the Mizen Attitude
Surveytwo-thirds of the respondents said to either raise the tax or extend the funding period.
Tract:9
• ADMINISTRATIVE ITEMS:
• Muscular Dystrophy Association- Fund Raising on September 10, 2008 -Red Robin
■ The Mayor and City Council members indicated they would not be participating this
year.
T's�ck 1(3
o Karen Gardner Retiring July 31,2008'- Celebration Lunch on July 30, 11.30 a.m.- 1 p.m.
■ City Manager Prosser and.the City Council discussed Ms. Gardner's tenure at the Senior
Center. The CityCouncil indicated theywould like to do a special acknowledgement for
Ms. Gardner through a:Resolution of Recognition. Councilor Sherwood said she would
attend the lunch cited above,
Mayor Dirksen noted that the Senior Center has grown and there are other activities that
occur there besides those for seniors. Traa,1 i Mayor Dirksen suggested the name be
changed from the Tigard Senior Center to the Tigard Center to recognize there are other
uses and opportunities for other uses for this facility as well. There was a discussion about
the future of senior centers. City Manager Prosser said staff has been putting together a
facilities plan..,which will be brought forward to the City Council eventually. The architect
said the trend is to fold senior centers into community centers so it becomes an
intergenerational center. C"aty er Prosser noted that because the facility was funded.
by Community Development Block Grant funds,research would be needed to determine if
there are any restrictions. There was City Council discussion on the types of meetings that
could be held there,including Council workshops. Councilor Wilson suggested the facility
be called the Tigard Community Center. Councilor Woodruff noted the Park and
Recreation Advisory Board might want to have input to this idea with their interest in
establishing a community center.
Crrcl:l2r
o City' ager Prosser reviewed the OtyCouncil calendar.
■ The next Fifth Tuesday meeting is July 29,2008. Council discussed 5"' Tuesdays in general
and whether to reduce the number of these meetings. During discussion on this itern,Cary
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Manager Prosser mentioned the Mayor suggested the City Council might want to consider
holding its monthly workshop meeting at various locations in the City,
After discussion,the City Council decided it would Eke to continue with the 5`t'Tuesday
meetings. The Council would be interested in hearing how to make these meetings work-
better
orkbetter but generally support continuing holding these meetings because it provides an
opportunity for citizens to meet with them in a less formal.setting. Councilor Wilson
suggested this might be a good meeting to hold in other locations in the City rather than
moving the Council workshop meetings.
■ Council decided to cancel the August 19,2008,City Council workshop meeting no items
have been scheduled on this agenda so far. Mayor Dirksen advised he would prefer to have
shorter,more frequent meetings rather than meetings that go late into the night. A special
meeting tentatively scheduled for September 2,2008,to review Comprehensive_Ilan
amendments was cancelled. Council will review these amendments on September 9,2008.
T; 113
■ Councilor Wilson advised he was contacted byDan Quello regarding support bythe Cityof
Tigard for the renewal of the historic designation of his property. This item will be
scheduled for City Council consideration at a future meeting;likely August 5,2008. Staff
will follow up.
■ The Barrows Road agenda item will be moved up on the business agenda after the
consideration of the Consent Agenda.
TO Ck 11
■ Mayor Dirksen advised that the Washington County Coordinating Committee is looking at
different ideas of phasing in an effective date of the increase for the new Traffic Impact
Fee. Different suggestions were made and Mayor Dirksen asked for the City Council's
opinion on these ideas. Ide distributed information to the City Council outlining four
alternatives for phasing and effective date alternatives. This information is on file in the
City Recorder's office. Washington County Coordinating Committee seems to prefer
Alternative No. 4.
Mayor Dirksen said he made two suggestions to Washington County Coordinating
1) The tax should be phased in over a total of four years,which would mean that it
would take effect,after voted on,with an immediate 25 percent increase. At the
end of the first year,there would be another 25 percent increase. In four years,the
total tax:increase would be totally in place.
2) The fourth alternative includes a 10 percent annual adjustment for inflation. Mayor
Dirksen suggested that it be"up to 10 percent" and this could be determined bythe
Washington County Coordinating Committee based on economic factors.
Councilor Buehner said she agreed with the Mayor's suggestion for the inflation
adjustment. She said she had a concern that Tigard citizens have been complaining for
years about how much they are subsidizing development. She said she was unsure whether
she was supportive delaying the total tax over four years and indicated she might be more
willing to support a two-year implementation time frame.
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Councilor Wilson asked how the money collected is distributed. Mayor Dirksen and Clt-y
Engineer Duenas advised money is collected locally. The Gtymust petition to use the
money for particular projects.
Councilor Wilson gave the examples of Areas 63 and 64 wherebythe Countywould collect
and control the funds that will be collected here, He asked where this moneywould be
spent;would it be likelythat it would be used to mitigate impacts on Scholls FerryRoad or
FEghway 99W. Mayor Dirksen responded that the money is not segregated by where it is
collected;projects must meet criteria. The County 11F can only be spent on arterials and
collectors.
Councilor Wilson'noted the Council willl be discussing Barrows Road later this evening and
said:this would have been a"perfect project" for TIF money referring to the development
impacts to this road.
Councilor Sherwood asked-whether there would be any relief provided for churches and
nonprofit organizations. Mayor Dirksen responded that the WCCC was looking at impacts;
i.e.,the fee won't automatically double for everyone. The fee will average to be double over
what is now being collected;however,the fee will be different for different uses. Churches
will have their own use category. In addition,the WCCC is considering a cap. He
explained the law that provides for a formula taking into account the impact of the use.
However,by developing the formula,it was found that some uses would have experienced
a ten-fold*increase,which is whya cap is being considered. GtyAttorneyRamis said from
a Constitutional standpoint,churches could not be exempted as a category;everyone must
be charged based on impact. Churches,generally speaking,have a greater traffic draw
during off-peak hours.
Councilor Wilson said he'd rather not collect the moneyif it is wasted. People paythe fee
when they buytheir homes, Councilor Buchner said if the money is not collected,then the
current citizens will be "pickirig up the slack." Councilor Milson clarified that the money is
needed,but based on what he has seen lately he would like more confidence with how the
&untywill spend it. Mayor Dirksen said that the TIF collected byTigazd within citylimits
is spent on projects we identify. He added that he has not seen anyjuridiction come to the
WCCC be denied a petition. In response to'a comment from Councilor Buehner,Mayor
Dirksen and City Engineer Duenas clarified that the County gees thr-ough the same
petition process before the WC,CC as other jurisdictions. Discussion followed.regarding
how TIF money is collected and spent and the peril of being too restrictive. The fees
collected should be to lessen impacts systemwide. For example,when Areas 63 and 64 are
developed,impacts will be experienced on the intersections on I-Eghway99W. Councilor
Buehner suggested it be an important criteria that money collected in an area be spent
within that area. CatyAttorney Ramis suggested that the set of criteria followed byWCOC
when funding is allocated be reviewed.
Mayer Dirksen noted there has been discussion regarding TIF credits for developers,which
would give local jurisdictions the option that instead of paying the TIF allowance to have
them agree to do more improvements than required by the development in return for a
credit.
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EXECUTIVE SESSION. Not held.
1. BUSINESS MEETING
1.1 Mayor D rksen called the meeting to order at 7:32 p.m
12 Roll Call
1.3 Fledge of Allegiance 7 2:j �
1.4 Council Communications &Liaison Reports: None
1.5 Call to Council and Staff for Non-Agenda Items: None
2. aTIZEN COMMUNICATION
-7 3L:2 PM
• Citizen Communication
• Masta N.Barber, 11120 Sal Summer Lake,Tigard,Oregon and Pat Anderson Keerins,Tigard,
Oregon,announced their upcoming 65"reunion of their graduating classfrom Tigard Union High
School,which was located where there is now a McDonald's restaurant on Main Street. Mayor
Dirksen provided certificates,which he signed for each member of the class expressing the
following message:
T4: Tigard Union High School
Class of 1943
on this occasion of your 65th class reunion
July til and 21, 2008
The City of Tigard extends to you
Greetings and Best Wishes
for a
happy celebration.
The City of Tigard pays tribute to the Class of 143,
twenty-one of wham served in the awned forces
during World War II,
one dying on D-Day on Omaha Beach.
We sincerely hope you hold fond memories
in your minds and hearts of the
City of Tigard
v Isador Morgavi, 15145 SW 119"'Avenue,Tigard, Oregon reported a problem with accessing the
City's website. CatyManager Prosser explained that the problem was caused bya hacker who
accessed the City's event calendar causing Google to block the website and reporting"malicious'
software." Staff is working to correct the situation;for now,a portion of the website is of
Mr.Morgavi said the city has claimed for years that it subsidizes the unincorporated area however
he believes this information is incorrect. at-4 L uMr.Morgavi referred to a County auditor's
report which concluded that the urban:unincorporated area contributes more in takes than it
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receives in services (4.9%). City ana er Prosser responded that this study was done three or four
years ago by the County and looped only at County revenue and County services, The analysis did
not include statistics on what cities contribute to the Count,i.e.,back-up police services,parks,
economic development,and libraries. Mr.Morgavi maintained that it was time to factually address
these matters.
Alexander Carsh,Vice President of the'Tigard Youth Advisory Council'(TYACS presented an
update on the TYAC activities. Recent projects included: blanket drive (86 blankets and$100
collected),THOT workshop,and bicycle safety fair.
Ifiro N.rkaga reported on the THOT workshop where speal rs presented inforn--tion for teens
regarding cultural diversity,setting goals,and keeping a positive attitude. Mayor Dirksen also
attended this workshop and answered questions about G y gone ent.
Natan olin Luangrath reported on the bicycle festival,which was held May 10. This was more
successful than they anticipated.More than 200 youth attended. Fifty bike helmets were given
away,attendees traveled through a bike agilitycourse,and a police officer talked about safety and
demonstrated how a bike helmet should be worn. Tigard High School's Ivey Chub,the National
Honor Society,and the TYAC set up booths on safety topics. The TYAC is considering whether
to hold this event again next year.
Alexander'Carsh reported on upcoming projects: movie nights (quarterly),and helping prepare a
dinner at the Good Neighbor Center.
Mayor Dirksen noted his thanks for the TYAC-hosted movie nights. These are well attended and.
appreciated.by Tigard citizens. Councilor Sherwoodd added her thanks on behalf of the Good:
Neighbor Center. Councilor Woodruff asked for more regular reports from TYAC because it's
goad to knew about the projectsthis Council is undertaking for the community Councilor
Buehner said the blanket drive is wonderful and suggested it start earlier in the fall to reach people
before Christmas.
a Follow-up to Previous Mizen Communication: Nene
Mayor Dirksen extended a"happywedding anniversary" greeting to Mrs.Jackie Dirksen-No.36!
7:57.48 rp t
Mayor Dirloen reviewed the Consent Agenda:
3. CONSENTAGENDA: (Tzgvd0tyCaanlaalLocaICa7bactRaiewBoa4
3.1 Approve City Council Minutes for March 25,April 1,8 and 22,and May 6,2008
3.2 Receive and File:
a. auncil Calendar
b. Tentative Agenda
c. Minutes from Joint City Council Meeting with Lake Oswego of April 15,2008
3.3 Approve Workers Compensation Insurance for City Volunteers- Res.No.08-37
A RESOLUTION E ING CITY OF TIG 'S WORIK ERS'CONTENSATION
OVERAGE TO VOLUNTEERS OF THE CITY
Motion by Councilor Woodruff,seconded by Councilor Sherwood,to approve the Consent Agenda.
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Mayor Dirl�sen Yes
,"Councilor Buehner Yes
Councilor Wilson Yes
&i.incilor Sherwood Yes
Councilor Woodruff Yes
The motion was approved by a unanimous vote of Council present
*Councilor Buehner requested that the record reflect that she was abstaining from voting on the
April 22,2008,City Council minutes since she was not present at this meeting.
7:59:25
Item No.7 was heard at this time out of agenda order.
DISCUSS BARROWSROAD O-OSURE
Gty Engineer Duenas presented the staff report:. %en the County proposed closure of Barrows Road near
the bridge,there was a lot of discussion about ways to keep the road open. Tigard staff met recently with the
City of Beaverton and Washington County staff to talk about repair of the existing bridge in an effort to keep
the street open. At a June 24 meeting among the staff from the three jurisdictions,some of the conclusions
reached were:
■ The County thir& they can repair the bridge for a cost between$100,000 to$150,00.
■ The repair would involve replacing the deck with a new timber deck
■ The new bridge-would have a life of about 20 years.
■ The request is for a two-lane section.
City Engineer Duenas said the direction he needs from the City Council is whether they would agree to a three-
-way split on the cost of the repair of the bridge: City of Tigaiti,City of Beaverton and Washington County.
The County is also asking is that jurisdiction of the road be transferred to the City of Tigard and the City of
Beaverton jointly. The City of Beaverton had no objections to this. We need to enter into an agreement with
the City of Beaverton to work out the details as to how to keep the road maintained and to have consistent
standards on both sides of the roads. These details can be worked out later. Tigard's cost for the repair is
estimated to be $35,000 to $50,000. Before the cities would accept jurisdiction of the road,it-would have to be
brought up to an acceptable standard.
Councilor Buehner asked if this was for the entire length of Barrows or just a section. City Engineer Duenas
responded it was for the section of Barrows Road from Scholls Ferryto the signal at Walnut Street. Beaverton
has jurisdiction of the remaining part of Barrows Road.
Councilor Wilson asked about the Gc)untys philosophy regarding disposing of roads. City Engineer Duenas
advised that the County's philosophy is that if the road is not on the countywide system and not important to
the County for transportation,then they would like to relinquish jurisdiction to a city or a surrounding
authority: In this case,the County has been looking to transfer jurisdiction of Barrows Road for a long time.
Beaverton accepted a portion at the time of the realignment of Barrows Road through a new development.
This is the last remaining piece from Walnut Street to Schools Ferry. CityEngineer Duenas said this road does
not play a big role in the County's plans. Beaverton has a long-term plan to realign Barrows Road to connect to
Davies Road;however,this might not happen because it will be an expensive project. In the meantime,the
repair will keep the road open for 15-20 years or until the Davies Road connection is made- "it buys us a lot
more time and it can pass truck traffic safely."
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Councilor Wilson said.Tigard has fewer lane miles of County reads than any other city in the County except for
Caston.He noted that gas tax money is split between cities and counties differently. The cities received 16
percent of the total amount collected based on population. The counties receive 24 percent of the total amount
based on vehicle registrations. When the money is received,itis spent only on county roads.Beaverton and
H1lsboro have quite a few county reads within their jurisdictions. This is a concern as we give up more county
reads. He added it was likely that the County would not improve Barrows Road regardless since it is a small
road that does not fit-within plans. Scholls Ferry is a major road. He was calling this situation to everyone's
attention in that we are probably getting the"short end of the stick,here."
Councilor Woodruff asked if we take ownership of the road,along with Beaverton,does that mean the County
is out of any-financial responsibilityfor the bridge going forward? Mayor Dirksen and CityEngineer Duenas
responded that the County would assist financially with the bridge repair,however,from the point of the
transfer of the jurisdiction the County,would not be responsible financially. Beaverton did not want to accept
the road with the bridge in its present condition.
Councilor Buehner asked if it was likely the County would require a right-in,right-out to reduce traffic
congestion. Cit- Engineer Duenas said this would be a possibility but he did not think this would happen soon.
Councilor Buehner said traffic lights need to be synchronized on Scholls Ferry at two intersections: 135`x'
Avenue/Scholls and Barrows Road/Scholls. City Engineer Duenas said it doesn't function because the
distance for traffic stacking is too short. Mayor Dirksen suggested that eventuallythe cities and Countywill
consider eliminating the signal at Barrows Road and there would be no left turn off of Scholls Ferry Road onto
Barrows Road.
Councilor Woodruff noted the Council has received a lot of communication on the closure of this section of
Barrows Road. He pointed out that a lot of work has been done by Mayor Dirksen,Councilor Wilson and City
Engineer Duenas to keep the road open. In response to a question from Councilor Woodruff, City Engineer
Dumas advised that the repair work on the bridge would likely come fromgastax funds. However,with the
Burnham Street project slowing down,there should be sufficient funds to cover this.
Councilor Sherwood said it makes sense to move forward on this project. Staff has done a great job in
responding once we received notice of the road closure and she thanked City Engineer Duenas for doing
everything possible to keep it open.
City Engineer Duenas advised there is a CPO 4B meeting tonight and the Barrows Road matter will be
discussed. Councilor Buehner suggested that information regarding the proposal to keep the road open be
placed in the CPO's upcoming monthly newsletter.
L10:14 Plyl
Motion by Councilor Buehner, to agree to move forward with the other jurisdictions to divide the cost three
ways,up to a total of$150,000,for the total cost of the project and to go into negotiation for ownership
transfer.
The motion was approved by a unanimous vote of Council present.
Mayor Dirksen Yes
Councilor Buehner Yes
Councilor W1on Yes
Councilor Sherwood Yes
Councilor Woodruff Yes
TIGARD CITY COUNCIL/LMINUTES --July 8, 2008
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4. REQLJEST FO GOMME - GONSIDER A STIPEND FOR MAYOR/GC)UNCIL PRESIDENT
L-1-1113 Phi
Assistant GtyManager Newton summarized the staff report. .A copy of a letter commenting on the proposed
stipend was received from Tigard resident Linda Monahan. This letter dated June 10,2008,is on file in the City
Recoider°s office.
Tigard Municipal Code Chapter 2.44 authorizes the long-standing practice of compensating the Council
members. Ms.Newton also referred to a list,contained in the packet information for this item,of the boards
and:committees (City and regional) that the Council members are expected to serve and represent the City of
Tigard as liaisons.
Two members of the Council Service Task Force,Sue Yeshilda-and Jason Snider, were present to provide
information regarding the recommendations of the Task Force: These recommendations were presented
previously to the City Council and public. One of the recommendations was to consider leaving the
compensation for current Council members at the current level with one exception: Budget up to$42,000
annually for one elected official(Mayor or Council member)to be compensated up to 20 hours per week to
assume specific additional Council responsibilities.
Ensuing discussion between the Council Task Force Members and the City Council including the fallowing:
o Observations by the Task Force as they looked to attract citizens to leadership positions led to a concern
that there is a lack of participation by younger people in the political process.
o Tigard needs to have an active presence on regional cominittees within the metropolitan area. There is
additional pressure to have an elected official attend an increasing number of meetings to represent Tigard
to have "our voice be heard" and to receive funding for projects that will benefit our area.
r Reference was made to the Mayo 's calendar for the last 4 months: 21 outside meetings,4 C tyCouncil
meetings, 14 of these meetings were in the evening and all others occurred during the day.
o Task Force members did not recommend that the additional compensation be automatic. This would be
granted to one of its members to keep it flexible.
o This recommendation is for the Mayor(or other Council member) to attend meetings;this is not a proposal
for the Mayor to run day-to-day City operations. This is intended to give the abilityto have an elected
representative spend more time representing the City and tape the,pressure off other City C ouncilors from
some of the meetings that call for elected official representation in order to be able to vote on issues.
o Staff checked with.other Oregon jurisdictions and out of 13 contacted,only two mayors had regular,full-
time jobs. The Task Force questioned whether the City wants to maintain a system so that only certain
individuals are likely to run for public office;i.e.,self-employed,financially independent,or retired.
Public Testimony:
Opponent
o Linda Monahan, 10248 SW Kent Court,Tigard,OR presented testimony summarized below.
■ This proposal was first announced as a stipend for the Mayor and Council members to cover
meetings to further the City's interest. Then the proposal was to make the Mayor a part-time City
employee to focus on transportation issues. Last week's article in the G 'eznreferred to the
proposal as a stipend for the Mayor and.Council President. She said it would be helpful if the City
was transparent about what the proposal is and what it is expected to accomplish.
■ There are other alternatives that could be entertained before a"$45,000" stipend is utilized. For
example,meeting commitments could be more evenlydivided among current Council members. In
essence,have the current Council members earn their keep; She said the current stipend and
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potential health insurance benefits adds up to about$16,000 per year. Other cities in the County
and in the region manage to share the load without resorting to addling a$45,000 stipend or making
the Mayor a part-time City employee.
• If there are other meetings that do not require an elected official'spresence,these meetings could
be staffed bythe City ager or his designee. Those staff are well versed in advancing the
Council's positions.
■ If the Council is concerned about Tigard getting its fair share of transportation dollars,then hire a
qualified lobbyist or grant writer. This option would have a better chance of success than paying a
Mayor and Council:member more for their volunteer service.
Councilor Wilson commented that he did not d-iink the City Council lacked transparency. This proposal has
not been accurately represented in the media;particularly,in the Ti Tines the proposal was incorrectly
reviewed in an editorial. Councilor Wilson said he did not believe the proposal had changed since it was
originally proposed. He clarified that the proposal is not for both the Mayor and the Council president nor has
it ever been proposed to be for both. He also also cominented on evenly dividing the workload among the City
Council members. At this time,he is not serving on any of the committees. During his first terns Councilor
Wilson said he found the workload overwhelming. Ike said he is self-employed and has the option to rearrange
his schedule to attend meetings;however,his experience was that he was so busy with his work and was
overwhelmed with meetings during business hours that he chose not to run for City Council again.: NXhen
Councilor Harding resigned,the City Council asked him to come back to fill the vacancy: lie agreed if he could
be relieved of some of those obligations. For him,these obligations had a negative impact with regard to his
decision to serve on the Council. He said he resented implication that any of the City Council members do not
earn their keep noting the numerous hours required each week for Tigard-related business alone.
He noted his agreement with the Ms.Monahan's concern about the lass of the citizen Mayor. This is the issue
that gives him the most pause in the proposal.
21 fl21 tlhl
Monahan said that,as a citizen,the information available is through the media and on the web site. She
said she read the Task Force proposal on the website,there was no other information available. She said she
strongly believes that elected officials serve as volunteers. She referred to the League of Oregon Cooties research
on Council stipends. From her analysis,it looks as if the Mayor and City Council members are already well
compensated in terms of the stipend and the health insurance benefit available. She said she thought elected
officials should serve because they have a desire to serve;'one of the obligations is to cover all of the meetings.
£1:11:11 PkI
Councilor Wilson said we just don't see people signing up in large numbers to run for public office and said he
believes "ghat spears for itself."
Neutral
Isador Morgavi, 15145 SW 119`x'Avenue,Tigard,said"You get what you pay for." Despite the many,deep
disagreements he has had with this administration,he indicated he would not choose to nun for public office.
He said he does not like the idea of only having one candidate for Mayor and that the political process should
be a competitive one. The desire to serve must be ntigated with the practicality of life. He said he is self-
employed and sena-retired and:finds there are times when he cannot attend to the things that need to be done.
Mr.Morgavi said there is some misunderstanding about-cohere this proposal is headed. As a matter,of
principle,he said he thinks one of the reasons why, CEOs make millions of dollars is because "That carrot
draws the best people;" He said that if we had as good of people in government as we do in business,we
would be a lot better off. He said he thought the compensation would provide incentive for people to run.
j'a'r
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t .a i':'i PbC
Jahn Frewing,71107 SW Lala Lane,Tigard OR said he opposes the proposal as presently drafted. He suggested
some changes,but added that this is a good idea for several reasons:
■ Competition fie reported other cities send elected officials to committees. He attended a meeting t
Metro yesterday regarding trails. The Mayor froth.Forest Grove was there. In addition there's an event for
policy makers regarding trails on Friday,however,none of the City-of Tigard elected officials will be
attending. "If you don't show up you are sending a signal that you're not interested..."
• Accountability- Officials might have been elected because of their skills in persuasion in a community
setting. fie referred to the need to be effective in dealing with Metro and the legislature. This gives the
voters a basis for voting for a Mayor. This kind of accountability is good.
■ , Participation-The proposal would broaden the base of individuals available to run for elected office. At
this time,one must have some sort of income to serve on the City Couuncil'.
Mn Frewing said this compensation proposal should not be implemented until the next election of the Mayor,
which will be in two years. He said voting on your own compensation is"sort of bad style."
Mr.Frewing said the City-Manager should become the chief operating officer for Tigard and the division of
responsibilities be realigned and his compensation reviewed..
Mayor Dirksen said Mn Frewing brought up a good point about,"places that I am not" He said the frustration
does not he with the Meetings he attends;rather,the frustration is with the meetings he is unable to attend. As
an example,last week he received an invitation to attend a public forum to speak to Senator Ron Wyden on
transportation issues. The first twelve spots were reserved for elected officials. This was a great opportunity
for the Gtyto tell the Senator about our specific issues and problems. Mayor Dirksen couldn't attend because
he needed to be at his work Mayor Dirksen said he was also invited to attend a summit at Metro to discuss the
regional transportation plan with other leaders all around the metro area. Participants would be able to present
issues and suggest projects to be worked on for the next'ten years. Again,he could not go-it would have been
an entire afternoon and he could not take the time off from work.
Summation by Council Service Task Force Members Snider and Yesilada:
• Mr.Snider said there stall seems to be misconceptions about what the Task Force proposed. With regard to
Mr.Frewing's suggestion about the tinting of implementing the additional compensation,he said he did not
think the Task Force was overly concerned about when this. This is a long-term proposal. He reiterated
that the proposal was not that extra compensation would automatically-go to the Mayor. The person
who will do this job is the person that convinces the other four Cityy Council members that theyought to be
the one doing it..
• Mr.Snider said.he-was disappointed in the media coverage. He reported he received atelephone call from
the Tgnd Tbm and responded to the call within three hours;however,he was never asked a question
before the paper went to print.
■ Ms.Yesilada said she-wanted to again emphasize that purpose of the recommendation was to provide some
flexibility to help the Otyof Tigard assess how the City could best be served. Therefore,the Task Force
did not to recommend too many restrictions or specifics to determine if this could be a way to address the
needs of the City This does not need to be continued if it doesn't function as desired or it can be adapted
with time.
Councilor Sherwood advised she also served on the Council Service Task Force noting she cannot serve again
due to term knits. She said one of her concerns was that someone Haight run for Mayor(if the compensation
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was designated onlyfor the Mayor)}east for the salaxyand-not because of the desire to carryforwar all of the
goals and ideals of the City. The Task Force wanted to leave it up to the City Council on a year-to-year basis.
There might be a year where no one is needed to be assigned the extra responsibilities along with the
compensation. But,when transportation dollars are needed,the Council might decide it is best to have an
elected official to be a presence during a legislative year or even travel to Washington DC to lobby for funding.
Mr.Snider asked if the City Council has already had conversations about who might serve in this extra capacity:
Cotmcilor Woodruff responded there has been no formal Council,conversation. He said he would be
supportive of Mayor Dirloen for this position. He added that he was in favor of the concept of this,specifically
as it relates to our current situation with Mayor Dirksen. Councilor Woodruff said this is "outside of the box"
kind of thinking= he said he doesn't know if it's a good idea for the longer term,but said he is willing to invest
this money to see what happens and have it debated during the next budget session to consider whether this
resulted in what was wanted;i.e.,a good return on investment.
Councilor Wilson referred to an earlier Council decision regarding the Barrows bridge repair;this was not
controversial,yet it did not go through the budgeting processor result in citizen comment ether than a request
to support it. The proposal for the additional Council compensation has been through the budget process to
decide to hire the Mayor and the other four Council members will.not receive any monetarygain. Councilor
Wilson said we have things to do and for that reason,he would not want to wait two years.
Mr.Snider pointed out that this is not necessarily raise for the Mayor. The level of compensation is meant to
be a replacement for the time that one is spending.
Councilor Woodruff referred to Mr.Frewing's comments and suggested that the Mayor abstain from a vote on
this. Assistant City ager Newton reminded the City Council,that this is two actions. Tonight staff is
looking for direction regarding how to proceed on the concept and then if the City Council decides to move
forward,then the person who takes on the additional workload will need to enter into an agreement with the
rest of the City Council members.
Councilor Sherwood said the remaining City Council members will retain their liaison assignments. Councilor
Buehner said it is important for the public to realize the Council members have intergovernmental committees
that'they serve on outside of the time for intra.-city activities. She said she cannot afford,however,to take 20-30
hours per week for government activities along with the evening meetings.
Councilor Wilson said Mr.Frewing raised a good paint about defining the Gty ager's responsibilities versus
what"this"position would be. He said he does not agree with reducing the CityMapager's salarybecause this
new position would not be relieving the:Manager from any of his current responsibilities. The Council is
considering this position to cover activity that is not currently being done. Itis important to define'the'new
position's role so there is no confusion about the Manager's and the paid elected official's role. This discussion
still needs to occur.
In response to-a question from Councilor Woodruff,Assistant GtyManager Newton explained the ptupose of
this agenda item tonight was to receive public comment and then for the Gty Council to give direction whether
it wants to proceed with moving the paid elected official position forward. C council wiU need to discuss,in the
future,what the position will be required to do and the amount of stipend. An agreement will be needed.
City Attorney Ramis said no motion is needed,however,if there is consensus to move ahead.,the Council needs
to communicate this to the staff so they can bring back the ordinance or structure needed.
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Councilor Sherwood commented that she had written a job description for the City Council position. She
suggested that this position also have a job description. Ms.Yesilada said the proposal was for a proposal up to
a certain dollar amount,which would be set once the job responsibilities and time commitment were identified.
.Additional discussion continued regarding the parameters of the proposed position to receive the additional
compensation including the decision by the City Council several years ago for the City of Tigard to step up its
profile beyond the city limits. Councilor Wilson suggested this role should be the "public face,the public
advocate" from Tigard to agencies that make funding regional funding decisions.
Assistant City Manager Newton suggested that a Council discussion be scheduled regarding specific duties. City
Manager Prosser asked if it would be appropriate for the City Council to designate two City Council members
to work with staff to put together a"stray man" job description agreement to provide the City Council with
something to think about and edit before a workshop discussion. After brief discussion, Councilor Sherwood
and.Councilor Woodruff said they will work with staff.Also Councilor Sherwood asked for participation from
one or two of the other Council Service Task Force members.
X:�(_111 PM
Break
-9ts:0r
Reconvene
5. 00MPREHENSIVE PLAN WORKSHOP WITH THE PLANNING 0C)N4MISSION REGARDING
GOAL 14- URBANIZATION
Planning Commission members present: Karen Fishel,Tom Anderson,Margaret Doherty,Jodie Inman,
Matthew Muldoon,JeremyVennilyea
Associate Planner Wyss presented the staff report;a copy of the PowerPoint presentation is on file in the Coity
Recorder's office.
Points brought up during discussion included the following:
■ Councilor Buehner asked how the City would address annexations as the boundaries begin to change along
with the type of planning and designations on unincorporated areas.. 9,&Lco__ELA Assistant Community
Development Director Bunch advised that when annexations occur,the land use designation that most
closely fits with the Tigard designation is applied.
• �:1 :is<w In response to a comment from Planning Com issioner Vermilyea,City Attorney T auris said at
this time there is not a great deal of support for assisting cities with annexation efforts at the State
legislature;
■ Councilor Wilson noted the lack of mention with regard to providing water. 2 iw:t oo wring the Council
goal setting,there was discussion on clarifying the City's position with regard to expanding the service
district. This should be open and known to the Cnty's partners. Assistant CornmunityDevelopment
Director Bunch responded that the City has taken a sound position regarding unincorporated urban
development. This development poses real problems for cities in terms of cross-subsidy of services and the
inequities of providing the benefits of urban life without receiving the funds to pay for them. There is a lot
of direct subsidy as well as things such as people utilizing roadways,economic development opportunities,
daily and long-term needs for goods and services,It is not to cities'long-term benefits to promote
unincorporated urbanization. The City of Tigard requires annexation to the City when C.itysewer service
or storm drainage is needed.
_
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In Arias 63 and 64,Assistant Community Development Director Bunch advised that there is no water
provider designated now. The City of Tigard is the logical water provider,however,there are other
potential water providers out there. From a policy prospective,itis not in the City�s benefit for Areas 63
and 64 to urbanize with 5-6,000 additional homes that will have significant impacts on the City: In this
instance,the policy question is whether the City snake a firm statement as this policy proposes to not
extend services to Areas 63 and 64 and also not support the formation of another service district that would
result in urbanization.
2.24-i TINT
&turcilor Wilson posed some hypothetical situations. Suppose one of our partner cities such as King City
offered to provide water to the unincorporated areas,which would essentially be provided byTigard.
Would the language in this section of the Comprehensive flan prevent that kind of an action? In addition,
if Areas 63 and 64 became cities,would we expand our water district to those cities. Assistant Community
Development Director Bunch responded that the operative word is "unincorporated" development. If this
area did become a City,for example,we could contract with them to provide water as a municipality;this
would not be an unincorporated development. If,on the other hand,King City(hypothetically) wanted to
provide water to this area,then there would meed to be a joint discussion with the group of partners the
Cary works with. Also,the City of Tigard controls the water,we are essentially the water purveyor that has
the water source. The City of Tigardcouldmake a decision not to convey its water in that way. If we made
an arrangement with the City of King Ciry to provide water and they had excess and if they entered into
another agreement to promote unincorporated urbanization,then this policy would provide us with the
basis to say that we do not agree with that. Whether or not this would be upheld could be tested through
legal channels.
9.27:13 PM
CityManagerProsser commented that the extension of water service would be governed bythe
Intergovernmental Agreement that created the Intergovernmental Water Beard and set up the current
system That agreement defines a service territory,which is essentiallythe existing urban service area plus
King City and Durham. CitylagerProsser noted there is wording in the agreement that the City of
Tigard is under no obligation to extend service beyond this boundary. In looking at the Comprehensive
Plan,one must also look at the underlying water agreement which will remain in effect at least until 2018.
This becomes a complicating factor. If:Ling City wanted to extend water service to Area 63,they do not
have water,so there would be no way for Ding City to do that under the existing Intergovernmental
Agreement.
9:2&A8111VI
Councilor Buehner commented that the last time the Water District was expanded was in the late 90's for a
three-acre parcel next to Ding City,which is now a part of Ding City She said she was a Board member of
the IIB at that time and this required a complex process.
929:46 P-%1
Assistant Community Development Director Bunch said it is possible for another water source to serve
Areas 63 and 64 at a significantly higher cost than getting water from the City of Tigard.
910.' }PitVI
Councilor Wilson posed some additional hypothetical situations. He said that many"paper cities" have
been formed over the years. He could visualize a City established with a"super low" tax:rate merely to get
water. He said he would like to see language in the Comprehensive Plan that talks about a self-sustaining
city as opposed to a"phantom city." Councilor Wilson said another possibility could be that the City of
Tigard would charge water rates equivalent to our tax rates to provide services other than water;however,
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he did of lmow if this would be legal. Assistant Community Development Director Bunch said that water-
is one area where charges could be high;it would be a Council policy decision regarding how much to
charge and whether the market would bear this. If the cost of water was high enough,Assistant
CommunityDevelopment Director Btrnch said the area might decide to pursue another grater source.
Councilor Wilson added that another result might be that the area would drop its opposition to annexation.
Assistant CorruntutityDevelopment Director Brunch said that in the case of Areas 63 and 64, e would
probably have property owners applying for annexation now if it they were contiguous to the City: City
Manager Prosser clarified that under the Oregon Constitution,we could not use water funds to provide any
service other than for water. Councilor Wilson said that his main point is that the opposition to incorporate
is most often a financial one. If it were equal,he thought most people would voluntarily annex.
9:33Q7 1"y
CityAttomeyRa, mis commented that the CityManager correctly described the Intergovernmental
Agreement and the fact that outside of the defined boundaries in the Agreement,it is completely within the
City's discretion to extend water and on what terms.
In response to a question from Planning Commissioner Vermilyea,City Attorney Ramis responded that
both the Intergovernmental Agreement and Comprehensive flan documents have roles. The
Intergovernmental Agreement is>a document that can be amended at any time by agreement of the parties
and it would make'sense for the City to have a policy framework(the Comprehensive Plan) against which
to measure amendments and to implement that Agreement. It would not be redundant to have both
documents address future policy. CityManager Prosser advised the Intergovernmental Agreement expires
in 2018. The current Comprehensive Plan was written in the 1980's so the updated Comprehensive flan
will likely have a longer life than 2018.
Mayor Dirksen noted there was a concern by some members on the Planning Commission that there was
language in this section of the Comprehensive Plan that seemed overly aggressive and whether this is what
the City was really looking for. Planning Commissioner Doherty said that this was the only part of the
Comprehensive Plan where the Planning Commission was the Policy Interest Team and where there was
no other input from community members. In addition,the tone of the Policy was different from the ether'
chapters of the Comprehensive Plan.
-937-162jk
Associate Planner Wyss mated that the Planning Commission also acted as the Policy Interest Team on the
Land Use Chapter. Planning Commissioner Dohertyrecalled:that there were also other community
members that had been involved in the land use planning that were present when that chapter was
discussed. Associate Planner Wyss added that there were no community members who"showed up"`for
the Policylnterest Team meeting.
yor D rksen clarified the process for the review of the Comprehensive Plan was not based on Council
direction.
9;38:EiRXL4
Assistant Community Development Director Bunch addressed the tone. Manyof the policies in this
chapter are renditions of other policies that we'already had in the Comprehensive Plan. For this chapter,it
is like we are dealing with an entirely different audience. This Chapter is essentially the policy basis by
which we establish our relationship with other agencies,jurisdictions and service districts to address the
issues of providing public service and with whom we have to develop agreements regarding urbanization.
He acknowledged this Chapter is direct in marry respects. For example,the City-will not extend or provide
services unless someone annexes to the Gty. This is a very-direct,almost contractually written document
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that firmly establishes the City's position. The other policies deal with the public and our relationship with
our citizens;this deals with our relationship with other bureaucracies and agencies. He agreed that the tone
could be changed.
Planning Comrnissioner Muldoon said the Planning Comrrussion members have not been dealing with
urbanization issues for as long as some staff and City Council members. The problem with the tone is it
comes across as confrontational. The document can be substantive without being terse.
Planning Commission President Inman advised there were several reasons the Planning Commission was
present Cather than for discussion of the tone of the document. She said the Planning Commission was also
present to find out some background information from the Council to determine what needs were not
being met by the current Comprehensive Plan language. President Inman advised the Planning
Commission,as it worked through the Comprehensive Plan chapters,tried to address the intent. She
asked for feedback from the City Council.
Councilor Buehner commented that while she is relatively new on the City Council,she has been involved
with this issue for a long time. Part of the problem in the past was that there was some softer language and
certain parties chose to interpret that as ambiguity and ways to get around the process. As a result,there
was a:policy decision that we need to be very direct and clear regarding the policy so there would be no
misunderstanding or opportunity for misunderstanding.
9:,Qj3 Bi
Councilor Wilson agreed with the observations regarding the tone of this Chapter. All of the other policies
deal internally with our citizens. This Chapter is more about the City itself,the very nature of cities. Staff
was a_lttle too close to it perhaps and a little professional distance might be good. In terms of content,the
Chapter does'reflect longstanding City policy and the language should be clear without being
confrontational. Ffe said,":...mast of us here have been through really bruising battles for years and you,
as new,fresh faces...I'd be interested to know what your tape is on the content of the policies."
20 -or ter
Councilor Sherwood also noticed this Chapter was more specific throughout than the other Comprehensive
Plan chapters. Previous chaptersreviewed contained"aspirational" language. She said"wordsmitivng"by
the Planning Commission:would be helpful to soften the language.
9:45:36 PM
Councilor Buehner stated she would not support the language for this Chapter unless itis extremely clear,
strong and direct. Her reasoning was that she did not want to see the City go through the sante problems
of the past.
9:460 PM
Planning Commissioner V'ermilyea commented that it appears that what is being sought is wording that is
unambiguous along with proactive language with a more positive approach to a specific issue as opposed to
reactionary language.
�:4( erPM
Planning Commissioner Doherty said she did not think content was a problem
9:46:53 PM
Councilor Wilson gave some background. What has changed in the last five years was that prior to the
annexation effort,there was always an understanding that areas west of Tigard would come into the C i y.
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This was an understanding with the County and even with the people on Bull Mountain who opposed the
annexation. This understanding has changed. Now,it looks like annexation will not happen. Therefore,
our actions prior to the annexation effort versus now are different. In retrospect,we probably never should
have contracted with Washington County to perform the development review that we did because that,
more than anything else,was the pretext for not annexing. This gave the appearance that we were planning
something that residents ultimately did not like the look of.
Councilor Woodruff added that the rules have changed dramatically in the last few years. Just prior to the
vote on annexation,the belief was that annexation could occur as a single majority and annexation could be
forced. This changed"180 degrees" and we have no abilityto do anyannexation without a lot of process
to follow. Therefore,we have taken the stance to be assertive and let people know annexation is available.
The City has provided incentives for annexation such as the phase-in of taxes. The context of those who
have been involved in this for the last few years makes it difficult to not see through the filter of past
experience,therefore,if the content of the Chapter is good and the Planning Commission can edit the
wording to maintain clarity-without making it appear that we are"angry,"then that would be helpful.
2:•9.59 iAl
yorDirksen agreed the wording needs to be clear without being unduly confrontational.
Further discussion followed regarding the wording of this chapter with it being noted by CityManager
Prosser that this Chapter addresses an extremely complicated situation. There was discussion regarding the
number of other agencies that have a role with the subject matter of this chapter.
rv:05:06 IM
Assistant CommunityDevelopment Director Bunch summarized by saying,that it appeared there was
agreement that the substance of the chapter was acceptable;however,the language needs to be more
accommodating and sensitive. Planning Commissioner Vermilyea said the language should be more
proactive
MOO P
6. COMPREHENSIVE PLAN WORKSHOP REGARDING GOAL 5-- NATURAL RESOURCES
This agenda item will,be carried over to a future City Council meeting.
7. COUNCIL LIAISON PORTS: Mone
8. 1 OINT AGEI` A ITEMS; None
9. EXECUTIVE SESSION Not held.
10:08:56 PM
10. ADJOURNMENT
Motion by Councilor Woodndf,seconded by Councilor Sherwood, to adjourn.
The motion was approved by unanimous vote of City Council present:
TIGARD CITY COUNCIL/LMINUTES —July 8, 2008
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f Tigard 23125 SW Hall Blvd.,Tigard,CSR 97223 1 503-639-4171 1 www.tigard-or.gov 1 Page x8 cif 19
Mayor Dirksen Yes
ounc for Buehner Yes
Councilor Wilson Yes
uncilor Sherwood Yes
C,ouncilor Woodruff Yes
Catherine Wheatley,City RemRler
Attest:
Mayor, Ciof Tigard
Dater
I.\ADM\Cathy\CCM\20081080708 final.dac
TIGARD CITY CQ CML INUTE —,duly 8, 2008
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