City Council Minutes - 04/21/2009 Agenda Item No. -3 , L-/0
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• City of Tigard
Tigard Workshop Meeting — Minutes
TIGARD CITY COUNCIL
MEETING DATE/TIME: April 21, 2009 - 6:00 p.m. - Workshop Meeting
MEETING LOCATION: City of Tigard-Town Hall, 13125 SW Hall Blvd., Tigard, OR
97223
EXECUTIVE SESSION:
At 6:05 PM Mayor Dirksen called the Council meeting to order and announced that the Tigard City
Council would enter into an Executive Session under ORS 192.660 (2) (d) to discuss labor
negotiations, and (h) for consultation with legal counsel concerning legal rights and duties regarding
current litigation or litigation likely to be filed.
Present for Executive Session held under ORS 192.660 (2) (d) -Mayor Dirksen, Council President
Wilson, Councilor Henderson, Councilor Webb, Councilor Buehner, City Manager Prosser,
Attorney Ramis,Assistant City Manager Newton, Police Chief Dickinson,Human Resources
Director Zodrow, Senior Human Resources Analyst Burbank, Finance and Information Technology
Director LaFrance,Attorney Damm, and Deputy City Recorder Krager.
Present for Executive Session held under ORS 192.660 (2) (h) -Mayor Dirksen, Council President
Wilson, Councilor Henderson, Councilor Webb, Councilor Buehner, City Manager Prosser,
Attorney Ramis,Assistant City Manager Newton,Associate Planner Caines, Current Planning
Manager Bewersdorff,Associate Planner Farrelly, Engineering Manager McMillan, Right-of-Way
Administrator McCarthy, and Deputy City Recorder Krager.
Executive Session ended at 6:42 PM
➢ STUDY SESSION Discuss Attendance and Location for University of Oregon -Portland-
Land Use/Design Vision Document Review for Tigard's Portion of the Hwy 99W Corridor
City Manager Prosser advised that a Council quorum cannot attend a meeting which may lead to a
decision if held outside of Tigard's jurisdiction. He asked how many Council members were
planning to attend this review. Councilors Webb and Henderson said they would not be attending.
Mayor Dirksen, Council President Wilson and Councilor Buehner indicated that they wanted to
attend. There being a potential quorum, City Manager Prosser said the review would need to occur
in Tigard. The date of Wednesday, May 6,2009 was selected and Associate Planner Farrelly will
check on room availability.
TIGARD CITY COUNCIL MEETING MINUTES —APRIL 21, 2009
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1. WORKSHOP MEETING
1.1 Mayor Dirk-sen called the Workshop Meeting to order at 6:51:14 PM
1.2 Deputy City Recorder Krager called the roll.
Present Absent
Council President Wilson x
Councilor Buchner x
Mayor Dirk-sen x
Councilor Henderson x
Councilor Webb x
1.3 Pledge of Allegiance
1.4 Council Communications & Liaison Reports — Councilor Henderson thanked the City
for sending him to the National League of Cities Green Cities Conference. He said this
would be of special 'interest to the young people attending the Council meeting tonight.
He noted that the words, Green and Sustainable are different - Green is what we want;
Sustainable is how we get there. He suggested Sustainability in gested the City promote a Sust i ability, Policy
with 1-year, 5-year, and 10-year goals. He will make all materials from these meetings
available to Council.
Councilor Buchner said maps requested at the last Urban/Rural Reserves meeting were
not provided to attendees. She said she cannot update Council without the maps and
suggested the submittal of a formal records request to the Washington County
Commission from Council in order to obtain the maps,
13 Call to Council and Staff for Non-Agenda Items—None
2. JOINT MEETING WITH THE PLANNING COMMISSION
Planning Commission Members in attendance:
President Inman
Commissioner Anderson
Commissioner Caffall
Commissioner Hasman
Commissioner Muldoon
Commissioner Vermilyea
Planning Commission President Inman said there were two issues of concern to the Planning
Commission regarding communication with Council. She said when items are sent on to
Council from the Planning Commission, quite often they don't hear back what the Council
decision was. She also noted that recently the Commission and Council reached two different
decisions and while that is bound to happen,they wanted to make sure they are communicating
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with Council in a way that is effective. She asked if Council would prefer that a Planning
Commission representative testify at public hearings,or if a brief staff report would be helpful.
7:04:04 PPI Councilor Buehner said the Planning Commission minutes Council received before
the most recent land use hearing were not sufficiently detailed to obtain the flavor of the
discussions. She suggested that minutes be more detailed and include pro and coil discussion,
especially when a matter is controversial.
7:04:29 PM Mayor Dirk-sen said he reviews the Planning Commission minutes and asks
questions if he requires more information. He said having the President or a designee testifying
,it public hearings was a good idea.
Council President Wilson said be scans their minutes and the staff report. He said Council
packets are already large; be doesn't want more paper. He suggested that Planning Commission
minutes highlight salient facts and summarize the basis of each side if there is disagreement. He
said he was on the Planning Commission previously and was disappointed to learn that the
Council doesn't get to view full sets of plans Eke the Planning Commission does. He
mentioned a recent Council packet that included a mar) showing only a portion of a site,which
hindered his ability to make a decision.
7:07:08 PM Mavor Dirksen said he assumed that Council decisions were relayed back to the
Planning Commission. City Manager Prosser said it is the responsibility of the staff liaison and
this has been discussed with Current Planning Manager Bewersdorff, He agreed that the staff
person leading the project will send out a summary of the Council decision to Planning
Commission members.
7:08:10 PM Councilor Webb said she looks at the land use issues from a different angle than the
Planning Commission. Councilor Henderson agreed with Councilor Webb, saying, "When I
look at this,I only have one thing in mind and that is what the people of Tigard want. I haven't
been on the Planning Commission but I do know bow it feels when you put in a lot of time on
a committee and see something come out differently." He said in his 32 years of experience as
a builder he was often at odds with the Building Department, although they could always work
things out.
7:10:39 PM Councilor Buchner said not getting the underlying documents makes it difficult to
have enough background prior to the meeting, so she makes a point to go through the file at
the Permit Center. She said not many land use cases come to Council so there is a steep
leamil'IL, curve. She referred to the Senn and Blue Heron cases, saying as she looks back she
thought staff and the Planning Commission must have known of the controversy and Council
should have been advised of this and reviewed the entire file. She said, "The fact is the Council
confirms your recommendations the vast majority of the time." She said it would be helpful if
the Planning Commission lets Council know if something coming up may be controversial.
Planning Commission President Inman agreed that the minutes may not accurately convey the
empathy and passion Commissioners have towards some land use decisions. She said, "The
recent decision was based on what many of us thought was in the best interests of the city and
its future yet was also one we felt bad about."
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7:13:33 PTNI Current Planning Manager Bewersdorff asked that credit be Oven to the current
Planning Commission and their work,throughout the lengthy Comprehensive Plan Amendment
process. He assured Council that Planning Commission discussions are detailed and thorough
and he is impressed by their work. Mayor Dirksen agreed with him and said this Commission
has a ut-iique perspective on the City of Tigard.
Referring to a recent Council decision on a land use matter, Councilor Buchner told the
Commission it had been a split decision. Council President Wilson also advised that he had
been absent,
7:15:17 PM Planning Commission President Inman discussed their upcoming work plan. She
expects discussions on the tree code to be heated and said the Planning Commission wants to
be involved.
Mayor Dirksen referred to the Planninc,, Commission Work Plan 7:15:46 PM regarding the
Tigard Triangle and the Washington Square Plans. He said his perspective is that the
Washington Square Plan needs minor adjusting but the Tigard Triangle Plan is out of date and
needs to be addressed "from the ground up" based on new projected growth assumptions. He
said he agrees that Downtown Planning and Redevelopment is a priority because the City needs
to follow through and finish the land use program and put design standards in place so as
development occurs it will happen within that perspective.
7:17:01 PM Councilor Buehner asked about the timeline for the Transportation System Plan
update, Planning Commission President Inman said it would be completed by the end of dais
year.
Council thanked the Planning Commission for their hard work.
3. DISCUSS PROPOSED DEVELOPMENT CODE AMENDMENTS REGARDING TREE
REMOVAL DCA2009-00001)
7:17:38 PM Associate Planner Floyd introduced City Arborist Prager and said this proposed
amendment clarifies an ambiguity in the tree removal section of Tigard's Development Code.
He said his objective was to familiarize Council with the Planning Commission's
recommendations from their March 16, 2009 public hearing. He said the tree removal code
amendment is the result of Council direction last summer when they found a Director's
interpretation to be overreaching. Council suggested that the particular issue would be better
addressed through a code update. He said this item is scheduled for a public hearing at the
May 12,2009 Council meeting.
7:20:14 P1\/I Associate Planner Floyd listed current requirements of applicants requesting land
use approval, noting that the current practice doesn't prioritize the protection of existing trees
over removal, where possible. It also is in conflict with the purpose statement of the Tree
Removal Ordinance,which recognizes the value of trees and calls for preservation. He said the
conflict exists because it is difficult for applicants to prove how they have protected trees where
possible.
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7:31:58 PM Councilor Buehner noted that in spite of assurances from them, the Home
Builder's Association has not been actively involved in developing these code amendments.
She suggested that this be stated during the hearing Process so the record shows the lack of
follow-through, Councilor Webb concurred.
7:33:44 PM Council President Wilson said he felt the prior language was an overreach. He
said in his profession as a landscape architect he holds a unique view among the Council,having
done site design for 25 years and often being the one who decides whether or not a tree is
saved. He agrees with the intent to save more trees and wants clear and objective standards,
but is concerned that the approach as presented will tend to cause more trees to be removed.
He said unintended negative consequences include greater loss of trees,increased staff time and
conflict over ambiguities. His greatest concern is that by requiring a response to each question
the City is transferring design decisions from the owner, architect, or landscape architect, etc. to
City staff. He said this may cause developers to simply remove trees in advance to avoid going
through this process.
7:37:29 PM He also expressed concerns that this doesn't mesh with the way construction
processes actually work. He said, "Including off-site trees is an example. Surveyors will not
estimate where a tree is. When they put their stamp on something it must be precise. If they
can't gain access to a property, a tree whose roots extend into a project will not be measured."
Regarding the role of arborist, once a survey is complete,the arborist will evaluate the condition
of the trees and prepare a report. But actual design decisions are made by a design team,which
typically, includes an architect,landscape architect, and civil engineer. The arborist will evaluate
based on these design decisions whether the identified trees can be saved. He recommended
splitting the roles of the arborist and the other design professionals in preparing the narrative.
7:40:30 PM Council President Wilson said it is impractical to halt construction for a land use
process because any disruption would be extremely expensive. Holding up the process for two
weeks to make a decision about a tree is not appropriate. When you need a building inspection,
for example, the inspector comes to the site right away. Making an "on the spot" decision is
necessary.
7:41:32 PM Associate Planner Floyd thanked Council President Wilson for his comments and
said many of them were echoed by others during this process. He responded that while man),
decisions are made during the design process, arborists are often brought in only at the last
minute, to save what trees are left. Staffs goal is to ensure that the arborist is involved earlier in
the process and that design decisions are more transparent. He said the decision of the project
arborist is the final word. He said staff is exploring a two-track process to come before Council
on May 12, because they are aware of potential difficulties that could occur for a contractor
when work is stopped. They, will recommend a Type I process for faster processing.
7:44:57 PINI Council President Wilson said, "I wouldn't portray it in terms of as good vs. evil.
Developers are just trying to make a product that they can sell. In most cases their intentions
are good. The more you make the process onerous the more trees may be lost because of the
uncertainty. Give the designers the flexibility to do what they're trained to do. I oppose this as
it is written now."
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Associate Planner Floyd said, "We are trying to accomplish the same thing in the design
process. We are just trying to make the process more transparent and documented. Staff will
take your comments and work on this."
7:48:38 PM Mayor Dirksen asked Council President Wilson to clarify what a reasonable
timeframe would be for a minor plan modification to address an unexpected change, i.e. a tree
cannot be saved and the plan has to be modified. Council President Wilson said it ought to be
in the same timeframe as a building inspector — 24 hours, In response to a question to stat,
from Mayor Dirkscn about whether the 24-hour building inspection response time is written
into the City's Code,City Manager Prosser said it is a service standard,not a requirement.
Associate Planner Floyd noted that at present there is no process for amendment. If you have
an approved tree plan it can't be changed other than through the same land use plan. If that is
not done you are violating your conditions. He said these recommended changes include such
a process and advised that staff will work on bringing to Council some suggestions for turn-
around times since this is a major issue.
Current PlarmiriL, Director Bewersdorff offered a historical perspective, saying that tree codes
have always been a difficult issue. He said it is very difficult to protect natural resources
through the code and the last time the tree code was changed it took the committee three years
to get to a compromise. He said, "Our current mitigation plan worked well until we came up
with a charge of$125 per caliper inch for each tree removed. That was very expensive to our
most recent subdivisions and that is why the development community has a difficult time with
the mitigation process. Prior to that,we took an estimate-we could get$30,000 to$40,000 with
no argument. Now with the caliper inch requirement the impact is much higher."
He said the City went to the Land Use Board of Appeals (LUBA) over Ash Creek regarding
tree removal. As a result of that, changing a tree plan is a Type-2 process which takes 6-8
weeks. Some developers would rather cut down the trees and pay the fine.
7:53:51 PM Mayor Dirksen noted that the projected code amendments improve the process we
have now. Council President Wilson said he disagreed.
Councilor Buchner said too often people testify against taking out any trees so a few are left
after construction but they are no longer supported by a big group of trees and they either don't
survive or become dangerous to nearby property. Mayor Dirk-sen said that is addressed under
5-A - Susceptibility to windtbrow.
Council President Wilson said he advocates shifting from a quantitative to a qualitative
approach to trees in the Urban Forest Plan. He said that too much of the time, all trees are
treated equally. He suggested the purchase of casements for developed trees or significant
,groves on existing properties by collecting"fees in licu."
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7:58:15 PM Mayor Dirksen said that while Council President Wilson's suggestion a ges on was laudable
goal, the proposed amendments are an interim step. He said Council's alternatives are to make
these changes until the Urban Forestry Plan is completed, or do nothing to address this
problem now.
Councilor Webb said there needs to be a medium between the pendulum swings on this topic
and this is headed in the right direction.
8:00:09 PT\4 Mayor Dirksen agreed with Councilor Webb. He had some questions on Section
B,Item 2,asking why the words, "on land"were added.
He also asked about page 3, item 5-1), saying, "Why would you not want a property line within
a drip line of a tree? Is lot layout a lot line?" Associate Planner Floyd replied that the lot layout
means the overall configuration but he understood why the words led to the question and staff
would address the language.
Council President Wilson 8:02:57 PM questioned the requirement of caliper measures within
one-tenth of an inch, askg the purpose of such a precise measurement. Arborist Prager
explained that the measurements are in response to issues the City experiences regarding
mitigation. ire
on. He said because mitigation is required for a 12-inch tree, some developers try to
avoid that by calling it an 11.8- inch tree. Council President Wilson asked, "Why not just round
it up?" Associate Planner Floyd said staff has also heard reports of trees measuring 12.9 inches
being rounded down to 12 inches.
8:05:33 PM Councilor Buchner said current language in 790.040.2 needs to be clarified
regarding lot line averaging. She said the current language does not do what staff intends and is
problematic in its referencing.
8:06:54 13M Councilor Henderson asked if this amendment will clear up the issue of a
landowner who cuts down his trees and then one year and a day later does not have to mitigate.
Associate Planner Floyd said this is a narrow amendment and that is not addressed. He
suggested that this could be considered under the Urban Forest Master Plan discussions.
Council President Wilson referred to a recent zone change, noting that some significant trees
were removed. He asked if staff would be prepared to ask developers to go back and redesign
something like that in order to save trees and make the parking lot more efficient, for example.
Arborist Prager said the sequoia trees were saved.
Mayor Dirksen noted in an aside to staff that this type of discussion needs more than the 15-
minutes scheduled for it on the agenda,
TIGARD CITY COUNCIL MEETING MINUTES —APRIL 21, 2009
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4. DISCUSS DRAFT WASHINGTON COUNTY URBANIZATION FORUM
RESOLUTION
Councilor Buchner thanked Councilor Webb for getting a transcript of the County
Commission meeting and asked if Council had a chance to read it.
City
y Manager Prosser said this item concerns a resolution coming out of the Washington
County Urbanization Forum, comprised of representatives from each city in Washington
County, County Commissioners and the major service districts. He said they spent one and a
half years looking considering options for urbanization issues. He said that out of that process
a general agreement was reached that any new areas added to the urban growth boundary
p
should not be added until they could be served by cities. Existing urban unincorporated areas
will be looked at individually and there is no overall policy to address all of them.
He said the Steering Committee put together a draft resolution and asked all governmental
entities in the Forum to adopt this resolution to institutionalize agreements coming out of the
forum. Changes can be made by each entity. He said Community Development Director
Bunch drafted another resolution which is in the Council Packet. One provision provides that
the county will maintain control of all county roads within cities that are part of the county road
system. All other roads would be transferred to the cities,as is. Some of these roads will not be
up to city standards and no funding comes to the cities with the transfer so there is a financial
burden.
8:17:38 PM City Manager Prosser said another provision says that cities will actively support
and work with the County to develop funding sources for unincorporated areas which cannot
transferred into cities. He said this opens up the county to become an urban services provider,
which current county policy says they are not.
City Manager Prosser asked Council if they were comfortable with the resolution as drafted by
the Steering Committee or are there changes they would suggest and, do they want staff to
bring them back to them for adoption.
8:18:58 PM Councilor Buchner said the resolution doesn't address the issue of whether a city
they
can annex an area 1 if 1, are not contiguous to it. She said it seemed to her that they will have
to make a decision about whether cherry stemming will be allowed.
Councilor Webb said, "Isn't cherry stemming illegal?" City Manager Prosser said it is legal, but
against both the County's and City of Tigard's policies. He noted that Section 5 on the
Resolution says although it is high priority that an expansion be contiguous, in the event the
Urban Growth Boundary is expanded to include areas non-contiguous to an incorporated area,
they will work with fellow jurisdictions to seek legislation or other enabling authority to enable
the inclusion of such areas outside the existing Urban Growth Boundary, within the interested
Citv.
Councilor Buehner8:20:53 PM said, "This is not a legislative issue. It is a local issue."
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Mayor Dirksen said if this provision was in place, Metro and the counties would be given an
incentive to work on this issue in the legislature and if the Urban Growth Boundary is
expanded it will not be urbanized unless it becomes part of a city.
City Manager Prosser said Action No. 5 allows the county to leave open the opportunity for a
new city. It doesn't have to be an existing city providing services.
Councilor Webb noted that there is contradictory language in No. 6, because it mentions the
development of financial tools to help Washington County provide urban services to areas
while they remain outside the governance of cities.
8:22:57 I'M Mayor Dirksen said he wants this language to change because if the county was
allowed to create a new tax rate to help provide the services, it would remove the disincentive
for unincorporated areas to come into a city.
8:23:50 PM City Manager Prosser said if we choose to leave this language in we might want to
modify it to say we would support the county developing tools to charge the residents in an
unincorporated area the full cost of providing services so that County residents within existing
cities are not required to pay that,or having needed county-wide services reduced.
Council President Wilson agreed and said the term, "financial tools"is ambiguous.
Mayor Dirksen said his major concern With this resolution was Section No. 6 and he would
want it to change to identify or indicate that the taxing would be to the unincorporated areas
receiving the service.
Councilor Buchner suggested adding language in Action 3, stating that roads must be brought
up to standard before being transferred to cities. City Manager Prosser said he interpreted that
language to mean smaller streets. Mayor Dirksen said the County wants to keep control of
roads labeled as Roads of County Significance, and they would want to retain control of those
roads even if they are annexed into a city. But they would want cities to take control of local
roads within the area. Ile said requiring all roads to be brought up to standard would be
difficult to achieve.
City Manager Prosser summarized: Council wants work done on the language supporting
County efforts to provide funding. He said staff would make that one change and bring the
Resolution back for Council approval. The consensus on the roads was to leave it as it is.
Mayor Dirksen recommended that resolution language should be consistent throughout, the
jurisdictions.
5. BRIEFING ON DESIGNATION OF IIWY 99W AS A REGIONAL MOBILITY
CORRIDOR
8:29:24 PM Right-of-Way Administrator McCarthy introduced this item. Ile listed the existing
corridors affecting Tigard. He distributed copies of maps shoving two different scenarios for a
major route from the Portland City Center area to Sherwood. In an earlier version, 1-5 was the
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main route—crossing at Tualatin over to Sherwood on a proposed 1-5/99W connector. He said
with the change in direction of the 1-5/11wy 99W planning effort, there is no major road
connecting the two. Metro and ODOT now believe it makes sense to designate 99W as a
Regional Mobility Corridor. He said staff feel this change fits the function of Highway 99W and
is appropriate for its current and future use.
Mr. McCarthy said designation of 99W as a corridor would have many benefits, including
,greater priority to receive potential regional and state improvement funding. He said it would
also assist with efforts to pursue alternative modes along or parallel to Highway 99W, and
grants to study and develop plans for efficient land use in the corridor. 8:33:16 PM He asked
Council if they were favorable to the concept of 99W becoming a mobility corridor.
8:34:17 PM In response to a question from Councilor Webb about whether designating 99W as
a mobility corridor is the first step in getting light rail,Mr. McCarthy said,"Technically, they are
independent. But it being a mobility corridor helps us in that regard."
Mayor Dirksen said this designation would be a great benefit. Council President Wilson said
11
this is beneficial if it helps Tigard get more control over their roads. He said, "If the regional
concerns match ours and they further our goals,then it is good."
Right-of-Way Administrator McCarthy gave Council a draft copy of Metro's Atlas of Mobility
Corridors. A copy is available in the City Recorder's Office,
He said another issue is the designation of McDonald Street and Bonita Road. Tigard currently
designates these streets as collectors rather than arterials. Metro refcrs to them as collectors Of
regional significance and is encouraging a change to identify these as arterials. Right-of-Way
Administrator McCarthy said in order to be included in this study, these streets need to be
classified as arterials
Council President Wilson asked what kind of traffic qualifies a road as an arterial. Right-of-Way
Administrator McCarthy said the cutoff between an arterial and a collector is 8,000-10,000
vehicles per day. The roads under discussion are at the 11,000-15,000 vehicles per day level.
He said a collector mainly serves adjacent properties while an arterial is busier, with More
through traffic.
Council agreed that staff should pursue asking for the roads to be considered as arterials for the
purpose of this study now and discuss their designation later during the Tigard Transportation
System Plan update.
Council mentioned other connections that Right-of-Way Administrator McCarthy said would
be good issues to discuss during the update. of Tigard's Transportation System Plan:
• Walnut/Ash/Hunziker connection
• Continuing Hall Boulevard over a new bridge connecting it to Tualatin/Boones Ferry
Road
• Leveraging Hall Boulevard to become a city-owned arterial (taking it off of ODOT's
jurisdiction
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8:45:43 PM Mayor Dirksen said the City Council Workshop meeting would continue in the Red Rock
Creek Conference Room,adjacent to the Town Hall,for a training session.
6. EMERGENCY MANAGEMENT TRAINING FOR ELECTED OFFICIALS
Emergency Management/Safety Coordinator Lueck introduced Scott Porter,Director of the
Washington County Office of Consolidated Emergency Management who presented a
PowerPoint on the role of elected officials in local emergencies. These roles include:
• Providing information, advice, and support to the Chief Executive Official and
emergency response staff
• Reassuring citizens through your presence and leadership
• Coordinating with elected officials and senior executives from other jurisdictions,
agencies, and businesses
• Declaring an emergency, formulating policy, and taking other regulatory actions
necessary to facilitate response and recovery operations and maintain government
continuity.
7. ADJOURNMENT
At 9:55 PM Councilor Webb moved for adjournment and Council President Wilson seconded
the motion. All voted in favor.
Yes No
Council President Wilson x
Councilor Buehner x
Mayor Dirksen x
Councilor Henderson x
Councilor Webb x
�QitO�i� Gl
Deputy City Recorder
Attest:
Mayor, Ci of T
Date: Loigard
(3
L•\ADM\CATHY\CCM\2009\090421.doc
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