City Council Minutes - 01/12/2010 Agenda Item No.
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Cityof Tigard
. . . Tigard Business Meeting - Minutes
TIGARD CITY COUNCIL
LOCAL CONTRACT REVIEW BOARD (LCRB)
MEETING DATE/TIME: .January 12,2010—6:30 p.m. Study Session;7:30 p.m. Business Meeting
MEETING LOCATION: City of Tigard—Town Hall, 13125 SW Hall Blvd.,Tigard,OR 97223
• STUDY SESSION
Council Present: Councilor Webb, Council President Wilson, Mayor Dirksen,
Councilor Buchner, and Councilor Henderson
Staff Present: City Manager Prosser,Assistant City Manager Newton,Risk Manager Mills,
Community Development Manager Bunch,Associate Planner Floyd, Redevelopment
Project Manager Farrelly,Finance and Information Services Director LaFrance, Senior
Management Analyst Barrett, City Attorney Ramis and Deputy City Recorder Krager. Public
Works Director Koellermeier arrived at 6:40 p.m.
At 6:30 PM Mayor Dirksen called the Study Session to order. He announced that the Executive
Session would be held at the end of the Study Session.
o Preview Planning Commission's Suggestions for Discussion Topics for the
January 19 Joint Meeting with the City Council
Associate Planner Floyd said Council is holding a joint meeting with the Planning
Commission at next week's Workshop Meeting to discuss pending changes to Tigard's
tree protection ordinance. He said the Planning Commission developed a list of topics
to focus the conversation. The topics reflect feedback received both from Council and
the Planning Commission. He asked if Council had any questions.
Mayor Dirksen asked if Council had reviewed the questions and they indicated that they did.
Councilor Buehner asked Associate Planner Floyd to clarify that the discussion would be
limited to the tree ordinance and tree protection related topics. He said the discussion was
open to whatever Council wanted to talk about but it would be most useful to confine the
conversation to tree-related issues for this meeting
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o Discuss Local Contract Review Board (LCRB) Policies and Procedures—
Financial and Information Technology Department and City Attorney Ramis
City Manager Prosser said this topic is a follow up to an inquiry from Councilor
Henderson on the policies and procedures of the LCRB. He said Finance and
Information Services Department Director LaFrance, Senior Management Analyst
Barrett and City Attorney Ramis were here to address any questions.
Senior Management Analyst Barrett discussed his handout to Council which was a
memo of questions and answers about the LCRB. He said the memo was designed to
describe the makeup, roles and responsibilities as set forth the by Oregon statues and
Tigard Municipal Code.
Councilor Henderson said he had reviewed the information provided but wanted to
know if Mr. Barrett's position was long-standing or new?Mr. Barrett replied that it was
long-standing and although he went through a two-year phase where he was combined
with another program he was focusing on this entirely.
Councilor Henderson asked Mr. Barrett to describe his typical day. Mr. Barrett said his
main focus is working with various City departments on their purchasing requirements.
He takes a scope of work and makes it fit with the City's policies and regulations. He
said the City's Invitations to Bid and Requests for Proposal forms are reviewed by the
City Attorney to ensure they meet legal requirements. He said he incorporates those
requirements into what staff needs.
Councilor Henderson said, "We are the LCRB; how are you our brother,here?"
Mr. Barrett said under the definition of the LCRB, Council collectively has assigned a
certain dollar threshold where staff can go about their daily business and get things done.
Anything above that threshold will go to the LCRB for authorization before it is let. He
said he developed the public contracting rules and then they go to City Manager Prosser
for his approval then he brings them to Council for their approval. He noted that there
is also an annual audit and if anything slips by him it will be caught in the audit.
Councilor Henderson asked about the Burnham Street bids coming in so much lower
than the estimate, saying, "How did you feel about that?" Senior Management Analyst
Barrett said, "The Burnham Street bid shocked everybody." He said discussions with
contractors indicated that the market is very hungry and contractors are doing whatever
they can to undercut the competition and get the job, and then mark it up through
change orders so another function he has to do is work with project managers to track
change orders.
Council President Wilson mentioned that one thing he's been concerned with over the
years is consultant fees, such as for engineers on big public works contracts being done
only with hourly rates. He said the private sector almost always quotes fixed fees and he
does not buy the argument that a street project is more complicated than a high-rise
building. He referred to a recent project involving an engineer on a project the City did
with ODOT and said, "We probably paid more than we should have."
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Senior Management Analyst Barrett said, "We define change orders differently than
amendments." Council President Wilson said he understood that,but ODOT and outside
consultants don't care how many hours are spent,just the hourly rate.
City Manager Prosser stated that if there is ODOT money involved,all purchasing is done
through them. He referred to consultants and said when using state money for engineers
and architects,for example, state law says you cannot look at the price. It is qualification-
based. He said when the City built the library,they couldn't look at the price for the
architect;it was state law to use qualification-based solicitation.
Councilor Henderson asked if the LCRB see this all the way through to the final contract.
Senior Management Analyst Barrett said standard municipal practice is that the LCRB
approves the contract award and authorizes the City Manager to execute it. He noted that
staff used to provide Council with copies of the entire contract but they later chose not to
get the entire file because of the huge volume of paper. He said the details are listed on the
Agenda Item Summary. City Attorney Ramis said that once the bids are open it is a public
record and anyone who wants to can view the entire file. He said,"It is a question of
managing how much paper you want and if individual Councilors want more we could
certainly provide it."
Councilor Henderson asked about the process for approving change orders. City Attorney
Ramis said they are authorized by the contract unless they are for something outside the
contract. City Manager Prosser said there are also standards for amendments within the
purchasing rule about the magnitude not just with a single amendment,but with a
cumulative amount and Mr. Barrett tracks that. If it reaches a certain amount it has to come
back to Council.
Councilor Henderson asked Mr. Barrett if he felt he gets enough information to make
logical choices. Senior Management Analyst Barrett said he does and the City has taken the
appropriate steps to provide a lot of stop-gaps between initiation and before Council sees it.
City Manager Prosser said, "We have to follow the Attorney General's purchasing rules
unless we adopt our own rules. The City of Tigard's approval dollar levels are more
conservative than the Attorney General's." Mr.Barrett said the City's purchasing and
contracting process is completely transparent and everything is public record,even down to
the post-it notes used in a review. Everything is posted on the website.
Councilor Henderson asked if bid specifications are reviewed by Council. Mayor
Dirksen said that would be too onerous,as a lot of information already comes to Council for
meeting preparation. He said Council needs to trust staff.
Councilor Henderson asked, "What is the purpose of the Local Contract Review Board,
then?" Mayor Dirksen replied that it provides citizen oversight on contracting procedures.
He said the information gets easier to digest once you've been on the Council a few years.
Councilor Buchner added that the rules are a lot tighter with government purchasing and
contracting than in the private sector.
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o Administrative Items
Four Council members are attending the National League of Cities Conference so there
is no quorum for the March 16 Workshop Meeting. It was rescheduled to March 30,
2010.
Council President Wilson said he would be unavailable during the week of spring break,
March 22-25, 2010.
Council discussed going to Eugene to see their rapid bus system. Mayor Dirksen urged
Council to keep an open mind and consider all high capacity transportation modes. It
was decided to wait until later in spring (after the National League of Cities Conference).
Councilors Webb and Henderson and Mayor Dirksen are interested in going.
• EXECUTIVE SESSION
At 7:12 PM City Manager Prosser announced that the Tigard City Council would enter
into an Executive Session to discuss real property transaction negotiations under ORS
192.660(2) (e). The Executive Session ended at 7:27 PM. Mayor Dirksen called a recess
until the Business Meeting.
1. BUSINESS MEETING
1.1 At 7:35:22 PM Mayor Dirksen called the City Council and Local Contract Review
Board meeting to order.
1.2 Deputy Recorder Krager called the roll.
Present Absent
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
1.3 Pledge of Allegiance
1.4 Council Communications&Liaison Reports -none
1.5 Call to Council and Staff for Non-Agenda Items-none
2. CITIZEN COMMUNICATION
• Tigard Chamber of Commerce Chief Executive Officer Debi Mollahan gave an update
on recent Chamber of Commerce activities. Their holiday luncheon,a major fundraiser for the
Chamber's Ambassador Program was well attended. The Chamber is kicking off a membership
drive starting January 21,2010,with an open house from 5-7 PM. More information is
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available at www.tigardchamber.org or by calling 503-639-1656. She said the Shining Stars
Community Awards Program will be held March 5 from 6-9 PM at the Embassy Suites.
• Follow-up to Previous Citizen Communication — City Manager Prosser gave some
follow-up from the last business meeting. Mr.John Frewing had requested information from
the City in August regarding Clean Water Services standards and how they fit with the City's
development standards. City Manager Prosser said the City is researching and preparing a
response.
• Citizen Communications Sign Up Sheet—No one signed up to speak.
3. CONSENT AGENDA: Mayor Dirksen said these items are considered routine and may be
enacted in one motion without separate discussion. He read through the consent agenda items
and asked Council if any Member wanted to consider an item separately. No one did.
3.1 Approve Council Minutes for December 8,2009
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Approve Amendment to Intergovernmental Agreement with the Tigard-Tualatin
School District for the City of Tigard's Participation in the Safe Schools Grant Program
and Authorize the City Manager to Sign
3.4 Local Contract Review Board:
a. Award Contract to James Fowler Construction for the 10 Million Gallon
Reservoir Transfer Pump Station Project
Councilor Buchner commented that she is very excited about the new transfer pump station
because it will increase the pumping capacity for all residents on Bull Mountain. She made a
motion to approve the Consent Agenda. Councilor Webb seconded the motion. The Consent
Agenda was approved unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
4. STATE OF THE CITY ADDRESS
7:43:56 PM Mayor Dirksen gave the State of the City address and presented a PowerPoint
illustration of this annual address.A complete copy and the PowerPoint presentation are on file
in the City Recorder's office and also posted on the City's website.
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5. APPROVE 2010 GOALS,FIVE-YEAR GOALS,AND LONG-TERM GOALS
7:50:52 PM Mayor Dirksen read through the 2010 Goals, Five-Year Goals and Long-Term
Council Goals.A copy of these goals is on file in the City Recorder's office and is posted on the
City's website.
Mayor Dirksen asked if there was any City Council discussion regarding these goals.
7:56:29 PM Councilor Henderson thanked all the various boards and committees who put
together their goals for timely submittal to Council for consideration during their goal setting
discussion.
7:57:29 PM Council President Wilson commented that he likes goal setting as it is a time to
take stock of what was completed during the previous year and look forward to what is planned
for the next year. He said substantial headway was made last year and 2010 will be a year when
construction progress and changes will be seen in Tigard.
7:58:24 PM Councilor Buchner said she has seen the planning process improve over the years
and is excited to be moving forward from the theoretical to the actual development of the City's
Comprehensive Plan and code that will be in use every day. She said the public will be
appreciative to have these implemented.
Mayor Dirksen called attention to the goal of improving traffic along 99W and said citizens will
see a lot of improvement and real progress this year as intersection improvements are
completed. He gave Council President Wilson credit for making it a priority for the City and
this Council to seriously look for ways to improve the traffic flow on and around 99W. He
said,"We have talked about these challenges and improvements for many years but this is the
year that we start moving dirt and making it work."
Councilor Buchner made a motion to approve the 2010 Goals,Five-Year Goals,and Long-
Term Goals. The motion was seconded by Councilor Webb and passed unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
6. JOINT MEETING WITH THE PARK AND RECREATION ADVISORY BOARD
(DRAB) TO DISCUSS POTENTIAL PARKS,OPEN SPACE AND TRAILS GENERAL
OBLIGATION BOND IN 2010
8:01:42 PM Public Works Department Director Koellermeier presented this item,which is an
ongoing discussion about whether the City of Tigard should have a parks,open space and trails
bond measure on the ballot this year and on which election. He noted that the PRAB met last
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evening to discuss these options. Several members of PRAB were present as well as
representatives from the Trust for Public Lands (TPL).
Josh Alpert of the Trust for Public Lands echoed what Mr. Koellermeier said. He said PRAB
discussed the timing of measures and TPL was about to conduct another public opinion survey.
Survey results are due in a few weeks. A variety of issues will be asked in the survey such as
election timing and feelings about taxes. He said he appreciated that a Parks Bond is in the
Council Goals. He said the TPL is hopeful that Tigard residents will be supportive of a
measure this year.
8:06:30 PM Mayor Dirksen noted that citizen members of the PRAB were in attendance and
asked for their input.
8:07:01 PM PRAB Member Scott Bernhard said it is not in the City's best interest to let this rest
too long and he suggested building upon the existing interest.
PRAB Member Troy Meares said he agreed with moving forward in May but recommended
waiting for the survey results. He said,"It is important for Council to relay to citizens what this
bond measure will do. In the last election many citizens were not aware of what the bond was
for."
PRAB Chair Jason Rogers encouraged Council to pursue a bond measure in 2010. He offered
PRAB's support this year to the Trust for Public Lands and the City of Tigard.
Mayor Dirksen asked the Board if they had a recommendation for Council. PRAB Chair
Rogers said PRAB's prior recommendation was based on survey results and they want to wait
to decide until they obtain results from a new survey.
Mayor Dirksen said,"Based on that,you are not ready to commit to one election or the other
and recommend it to Council at this time. If we move forward with another bond,what should
we do differently?"
PRAB Members suggested:
• Get more media attention.
• Remind people that we have to look towards our children's children. We don't know
when the economy will change but we need to bring to people's attention what this
bond would mean to Tigard citizens, especially children.
• Be more specific about what the bond is for.
• Have specific properties in mind and list them.
• Reevaluate the dollar amount.
8:16:07 PM Council President Wilson asked what the voter turnout was for the November
election. Mr. Alpert said it was 35%and commented that Tigard generally has better
turnout than they did. He recommended that a new ballot measure not be a rubber stamp of
the previous measure and it should be adjusted based on polling results.
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Councilor Webb reported that she recently attended the movie premier of"Wetlands" - a
documentary about local artist Deborah DeWit and how a wetland near her Tigard home
inspired her art. Councilor Webb said the movie is being brought to Tigard for a special
showing and encouraged everyone to see it. Councilor Henderson invited Councilor Webb
to come to the next PRAB meeting.
Mayor Dirksen said one option is to put a bond on the May ballot which doesn't give the City
much time considering election and ballot title deadlines. TPL representative Alpert said a
telephone survey would take approximately one week and results could be reviewed quickly.
Mayor Dirksen said he heard a consensus from Council to make decisions on whether to go
back to the ballot and the election timing after receiving information from a new survey. He
said other decisions will need to be made at the same time to fine tune the proposal, as was
suggested. The PRAB will meet again to discuss this with Council in early February.
7. CONSIDER VERIZON-FRONTIER CABLE FRANCHISE AGREEMENT TRANSFER
8:25:33 PM Information Technology Manager Sears introduced this item. He said Bruce Crest
from the Metropolitan Area Communications Commission (MACC) would give a short
presentation and answer questions on the Verizon NW Inc. transfer to Frontier
Communications Corporation. He noted that Councilor Henderson is Tigard's representative
on the Commission.
Mr. Crest said the MACC represents Tigard and 15 other communities for cable franchise
management. On November 20, 2009, the Commission unanimously recommended that the
Verizon cable control franchise be transferred to Frontier Communications Corporation. He
noted that MACC had given a copy of a proposed resolution to the City Attorney's office. He
introduced Steve Crosby, Frontier Senior Vice President for Government Affairs and
Community Relations. He said Verizon had representatives present to answer any questions
and MACC's Policy and Regulatory Affairs Manager,Fred Chris was present also.
Mr. Crest said that in May,2009 Verizon agreed to sell all of its cable and residential phone
services to Frontier. MACC's review determined that Frontier has the legal, financial and
technical qualifications to own and operate the Verizon cable system. In addition to
recommending the transfer, the Commission placed a number of conditions on that agreement
which must be met in order for the transfer to become effective.
Mr. Crest said one of the most important conditions is that Frontier will assume all
responsibility for all of Verizon's non-compliant issues that are discovered, even after the close
of the transaction, and that they also establish a$250,000 letter of credit as further assurance
that they will meet their obligations under the franchise agreement,particularly the payment of
franchise fees to the jurisdictions.
8:28:56 PM He said that MACC is pleased that Frontier has a local manager to respond to
citizen concerns and problems. He said the fact that Verizon doesn't have that kind of local
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presence has been a significant problem. He noted that an extensive report had been given to
Council already and asked if there were any questions.
Councilor Buchner said she supported what was said by the MACC about the importance of
having a local system that can respond to customers in a timely manner. She said the MACC
Board provides a great service to the entire area.
8:32:10 PM Councilor Henderson noted that when he was put on as Council's liaison to the
MACC he was shown by Information Technology Manager Sears what is involved in a
changeover,and how this could enable the City to keep their amenities. He said he learned a lot
about franchise fees and their importance as City income. He said he recommended approval.
8:34:08 PM Council President Wilson commented that in the old days there was Bell Telephone
and now we as consumers have choices. He said from his perspective he sees no problem with
one business selling their assets to another,as long as they are financially sound.
Mayor Dirksen asked how many of the 15 member agencies have already passed a resolution.
Mr. Crest replied that six had.
Council President Wilson moved to Adopt Resolution No. 10-03 and Councilor Henderson
seconded the motion. Deputy Recorder Krager read the number and title of the Resolution. A
vote was taken and Resolution No. 10-03 passed unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
8. PUBLIC HEARING—SUPPLEMENTAL BUDGET APPROPRIATION AMENDING
FY 09-10 BUDGET
8:36:23 PM Mayor Dirksen opened the Public Hearing and asked for a summary by Finance&
Information Services Department Director LaFrance.
8:37:16 PM Mr.LaFrance gave a detailed summary of the supplemental budget appropriation
which combines several changes. He listed the four major categories:
1) Engineering Reorganization-The vast majority of budget changes for the Engineering re-
organization is a transfer from Community Development to Public Works and the Policy
and Administration programs.
2) American Reinvestment and Recovery Act funding—Tigard has done quite well getting
stimulus funds and has received roughly$6 million.
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3) Carryover amounts from last year were anticipated to be spent last year but due to
timeframes didn't get spent then.
4) Unanticipated requirements—items that the City didn't know about when preparing the
Fiscal Year 09-10 budget.
He noted that page 1 of Exhibit A had a printing error and a revised page 1 had been given to
the Recorder and distributed to Council.
Councilor Buchner asked if the City had closed out the Fiscal Year 2009 yet. Finance and
Information Services Director LaFrance said staff is in the final stages,but he is confident that
in the funds where the beginning balance is being increased,the amounts are sufficient to do
that.
Public Testimony—No one signed up to speak.
Mayor Dirksen asked staff for a rundown on the very last item,the strategic clarity initiative.
8:43:38 PM City Manager Prosser said the executives staff has been working together over the
past two years to strengthen the team and look at the organizational culture and values. He said
they clarified the City's mission,goals and values. He said that work has been done with the
management team and they are in the process of rolling this out to staff. Department work
teams are being put together to discuss the mission,goals and values (Get It Done,Do it Right,
and Respect and Care) and what that means in the real world and in their work environment.
Impediments will be identified and staff will help come up with solutions. This has already been
completed in the Public Works Department in a pilot process and the results were positive. He
said Library staff is now just finishing and the Police Department will start soon. He said the
intent is to get through all of the departments this fiscal year. This money is for the consultant
services for each of the departments. Mayor Dirksen confirmed that this expenditure not an
on-going operational expense but is a one-time expense to initiate a program.
Mayor Dirksen noted that no one had signed up to speak. He asked if there was anyone in the
audience who wished to speak. No one did. He closed the Public Hearing at 8:46:02 PM .
Councilor Buchner moved to adopt Resolution No. 10-04 with the Amendment on Exhibit A
and Council President Wilson seconded the motion. Deputy Recorder Krager read the number
and title of the Resolution No. 10-04,which includes the Amendment in Exhibit A. A roll-call
vote was taken and the Resolution passed unanimously.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buchner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
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9. FOURTH QUARTER 2009 COUNCIL GOAL UPDATE8:48:01 PM
Assistant City Manager Newton gave Council an update of the goals for the end of 2009. She
followed up on what Council President Wilson said earlier, a lot of these goals are carried over
from year to year but it is interesting to look back and see how we have accomplished large
segments of what we intended to do.
Highlights for Goal 1-Implement Comprehensive Plan included:
• The Transportation System Plan is nearing completion and scheduled to begin the
legislative adoption process in the Spring.
• The City has received some grants to study land use along highway 99W.
• The Tree Code will be discussed in a January joint session with the Planning
Commission and Council.
• The Urban Forestry Master Plan was completed.
• Lobbying for light rail in the Highway 99W corridor took a big step this year with the
designation of 99W/Barbur to the System Expansion Planning Phase by the Metro
High Capacity Transit Technical Committee.
Highlights for Goal 2-Implement Downtown Urban Renewal included:
• Burnham Street construction has begun.
• The third Council Workshop on the code amendments and design standards will be
held on January 19,2010.
Highlights for Goal 3—Prepare for 2010 Bond Measure for Parks, Open Spaces&Trails
• A bond measure was put on the ballot in November,2009 but it failed.
• The Parks Master Plan was completed and adopted by Council.
Highlights for Goal 4—Continue Supporting the Legislature in Addressing the Financial Needs
of Oregon State and Local Governments
• There was lot of progress made in relations with Congressional delegations through
trips to Washington DC and with our local legislators to connect on things that are
beneficial to Tigard.
Assistant City Manager Newton said that while a lot of goals are carried forward, significant
progress is made each year.
8:51:05 PM Mayor Dirksen said he had an update regarding Goal 4. He said he and Councilor
Buchner have been selected by the League of Oregon Cities to sit on some policy committees,
specifically in the areas of community development and transportation.
Councilor Buehner thanked Mayor Dirksen for all of his hard work during the past year that
has allowed Council to make progress on their goals. Mayor Dirksen said it has been rewarding
to be able be involved in things that give Tigard the presence it needs in the state and the Metro
area.
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10. COUNCIL LIAISON REPORTS—none.
11. NON AGENDA ITEMS
1.2. ADJOURNMENT At 8:55 PM Council President Wilson moved for adjournment and
Councilor Webb seconded the motion. All voted in favor.
Yes No
Councilor Webb ✓
Council President Wilson ✓
Councilor Buehner ✓
Mayor Dirksen ✓
Councilor Henderson ✓
CSC'
Carol A. Krager,Deputy City R` corder
Attest:
Mayor, City of Tigard
j
Date: �`—f • / C)
I:\ADM\CATHY\CCM\2010\100112 draft.doc
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