City Council Minutes - 07/26/2016 a City o f Tigard
Tigard City Council Meeting Minutes
July 26, 2016
I
Council Present: Mayor Cook, Councilor Woodard, Councilor Henderson, Councilor Goodhouse and
Council President Snider
Staff Present: City Manager Wine,Assistant City Manager Newton and City Recorder Krager
STUDY SESSION
Councilor Henderson attended a Clear Alliance Children Learning from Education and Research at
Eagle Crest. He said speakers were excellent and they spoke about addiction rates for marijuana
users and said research has found that the rate is higher for children that begin using marijuana. He
said it is legal for anyone over 21 but brains do not stop developing until after the age of 30. He
warned that children learn by watching their parents. He said cooking and distilling it makes it many
times more potent. He will make the information available to all council.
Councilor Goodhouse attended a JPACT meeting where a majority vote was cast to move ahead
with the Environmental Impact Study for the SW Corridor. Commissioner Ludlow voted no and
said the money should be put towards highways. Chair Dirksen clarified that there are two "pots" of
money, one for transit and one for roads. He also attended the Tigard Triangle citizen meeting.
Options A and B were considered and the group recommended the expanded area. He clarified for
attendees that urban renewal in the Triangle did not take away from the downtown. He noted that it
will be important when going to the voters to carefully explain this.
Mayor Cook reported on the Oregon Mayor's Conference where communication with citizens was
discussed,including social media and utilizing videos that can also be used to promote economic
development.
RECEIVE BRIEFING ON CAPITAL IMPROVEMENT PLAN
Engineer Faha gave her report on Capital Improvement Project (CIP) status for the 4t quarter. She
showed a PowerPoint. Highlights in Parks Projects include being awarded the State Parks Grant.
The city has yet to hear about a grant for the Tigard Street Trail. Engineer Faha said there would be
a 1" Quarter Supplemental Budget for the Civic Center Vision (formerly known as the Citywide
Facilities Plan) which was re-scoped. A concept plan is being completed to find out what it would
take to upgrade the police locker room. City Manager Wine noted that council would hear about 15`
Quarter Supplemental Budget earlier this year than usual due to some upcoming projects. Ms. Faha
said Walnut Street is closed for waterline work. In response to a question from Council President
Snider,Ms. Faha said the adaptive signalization is not complete on Durham Road and is still under
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design. A copy of her PowerPoint highlighting the status of projects in major categories is included
in the packet for this meeting.
ADMINISTRATIVE ITEMS:
City Manager Wine said with Councilor Henderson going off council in December there is a need
for a Community Development Block Grant representative. The county sets the representation
from the city and requires an elected official. Whoever fills that seat is supported by a staff person in
the second position. Council President Snider nominated Councilor Woodard. Councilor
Henderson said it is time intensive at grant selection time. Councilor Woodard said he will consider
it. Councilor Goodhouse said he would also be willing to serve. City Manager Wine said she will
verify where they meet,when and how often.
Council President Snider said he will not be able to arrive until 7:15 p.m. on August 16 and
requested that the photo red light discussion be held later in the meeting so he may participate. City
Manager Wine said the agenda will be re-ordered. She said if there are any protests to ballot titles
they may be reviewed on August 16 so time has been reserved. Mayor Cook said Mayor Ogden may
come to discuss Blue Zones as well on August 16. Councilor Woodard said he will be gone from
August 19 through September 3.
City Manager Wine handed out a schedule for National Night Out on August 2, 2016.
Council Outreach for the fall is scheduled for September 27 at Summerfield.
1. BUSINESS MEETING—July 26, 2016
A. At 7:32 p.m. Mayor Cook called the Tigard City Council meeting to order.
B. City Recorder Krager called the roll.
Present Absent
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance.
D. Mayor Cook called to Council and Staff for Non-Agenda Items.
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication— None
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B. Citizen Communication—Sign-up Sheet.
Pat Romans, President of Mask& Mirror Community Theater, 13166 SW Broadmore
Place,Tigard. She thanked council for their continued generous support of the arts
in the community through the community event grant program. She said 1,000 people
have had an opportunity to view Mask and Mirror's exciting live productions. Another 100
people have had the chance to exercise their talent on stage, backstage or behind the scenes.
She listed their sixth season offerings and presented council and staff with cookies.
3. CONSENT AGENDA: (Tigard City Council) —
A. CONSIDER RESOLUTION EXTENDING WORKERS' COMPENSATION
COVERAGE TO CITY VOLUNTEERS
B. APPROVE CITY COUNCIL MEETING MINUTES
• May 10, 2016
• May 17, 2016
Councilor Henderson requested that the May 10, 2016 minutes be considered separately and
moved to approve the Consent Agenda minus the May 10,2016 minutes. Council President
Snider seconded the motion. The motion passed unanimously.
Yes No
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Council President Snider moved to approve the May 10, 2016 minutes and Councilor Woodard
seconded the motion. The motion passed with 4 yes and 1 abstention.
Yes No Abstain
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
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4. DISCUSS NATIONAL WATER TRAIL DESIGNATION FOR THE TUALATIN RIVER
Public Works Director Rager and Tualatin Riverkeepers (TRK)Advocacy Manager& River Keeper
Wegener presented this item regarding an effort to gain a National Water Trail designation for the
Tualatin River. Benefits to this designation include national promotion and visibility,including use
of the National Water Trails System logo,mutual support and knowledge sharing, opportunities to
obtain technical assistance and funding for planning and implementing projects. The National
Water Trail system is managed by the National Parks Service. Mr. Rager said TRK has been
working with jurisdictions from Rood Bridge Park all the way down river to the Willamette River.
Staff said this will be a benefit to Tigard and its Tualatin River access point at Cook Park.
Mr. Wegener said the first question he hears from elected officials and staff is what is the obligation
in return for the designation. It is a program that recognizes communities for doing a good job of
managing their water trail through cooperative processes. Recognition has value. The Tualatin
Riverkeepers have gotten a lot of support from the Washington County Visitors Association who
provided new signs and paddle trail maps. They are eager to get this recognition because it can be
promoted to tourists coming to the area. West Linn adopted a resolution of support and Tualatin
will consider it August 8,with Washington County and Hillsboro to follow soon after. Mr.
Wegener announced upcoming events along the Tualatin River including the August 6th Political
Paddle Race which Councilor Goodhouse has entered to represent Tigard.
Mr. Wegener noted that another advantage to the National Water Trail designation is that it makes
a grant applicant stand out and he mentioned some upcoming grant opportunities,particularly as
the city adds land near River Terrace. The State Marine Board has been working with paddling
groups and vetting a process for non-motorized access facility grants, safety programs and
maintenance. A bill will be going to the legislature next session to request collection of a fee for a
paddlers permit starting January 1, 2018 making money available for grants such as upgrading or
building ramps.
IR Mayor Cook asked about other grants available through the Marine Board. Mr. Wegener
replied that the Marine Board is currently funded through marine fuels so if they pay for a facility it
should be accessible to motorized boats. The Tualatin River gets very little motorized traffic;it is a
paddling river so receives very little in grants currently. Hillsboro is doing a $350,000 ramp upgrade
to Rood Bridge Park, making a floating dock and handicapped accessible ramp. Grants for their
project came from State Parks and Metro.
Mayor Cook commented that he learned at the National Conference of Mayors that there is
National Parks money available for grants. He asked about adding a second access point between
Cook Park in Tigard and Aloha. Mr. Wegener said Metro is opening a new site at Farmington Road
which will go through the wildlife refuge and the wildlife viewing is excellent. He said they are
developing a plan for the log jams which are more frequent in the upper river than near Tigard.
Wood in the river is good for fish and other wildlife so rather than remove it all they are looking at
ways to cut through the logjams to allow access.
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Council expressed encouragement for the National Water Trail designation and Public Works
Director Rager said staff will return on August 9 with a resolution of support for council
consideration.
5. CONSIDER RESOLUTION AUTHORIZING METRO EQUITABLE HOUSING
PLANNING AND DEVELOPMENT GRANT APPLICATION
Redevelopment Project Manager Farrelly presented this item. He said affordable housing is a
growing issue in this area. This grant will help identify opportunities for preserving sites for
affordable housing in the downtown and the Tigard Triangle areas. It includes an affordable
housing funding analysis to support an anti-displacement strategy, and will develop a model
relocation program for residents impacted by the SW Corridor rail alignments and expected rental
market price escalation. Staff briefed council on this potential grant in the June 28 Study Session.
Metro notified the city that its letter of interest met the eligibility requirements for the program and
encouraged the city to move forward with a full grant application. He said the grant is for$50,000
and the city proposes using approximately$10,000 of in-kind match (staff time). Metro will also be
looking at this subject but from a higher level; this grant will zoom in on specific areas in Tigard. A
resolution of support is required for the full application.
Councilor Henderson moved for adoption of Resolution No. 16-29. Council President Snider
seconded the motion.
City Recorder Krager read the number and title of the resolution.
RESOLUTION NO. 16-29 -A RESOLUTION APPROVING AN
APPLICATION FOR A METRO EQUITABLE HOUSING PLANNING
AND DEVELOPMENT GRANT TO FUND THE SOUTHWEST
CORRIDOR AFFORDABLE HOUSING REDEVELOPMENT PROJECT
Mayor Cook conducted a vote and Resolution No. 16-29 passed unanimously.
Yes No
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
6. LEGISLATIVE PUBLIC HEARING—CONSIDERATION OF ORDINANCE AND
RESOLUTION TO PLACE A GAS TAX ON THE NOVEMBER 8, 2016 BALLOT
a. Mayor Cook opened the public hearing.
b. City Attorney read the hearing procedures.
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C. Staff Report-Assistant Finance Director Fitzpatrick gave the staff report. At the July 12,
2016 council discussion reasons were reviewed for council to approve a five-cent increase to the
gas tax to pay for the $11 million backlog of paving projects. An increase to the gas tax must be
referred to the voters. Drivers fueling in Tigard would contribute to the cost of maintaining
Tigard roads instead of only Tigard residents and businesses paying a higher Street Maintenance
Fee (SMF). At five cents a gallon it would provide an additional$1 million per year as compared
to the scheduled increase in the SMF on January 1, 2017 of approximately$500,000. As
discussed at the meeting much of the increase in the gas tax could be set aside for pavement
projects and then revenues above that could be spent on either major capital transportation
projects and/or pedestrian connections,bike lanes or sidewalks. At the July 12, 2016 council
meeting staff received ballot language and changes were made. The packet includes the revised
ballot title language. The question states, shall Tigard enact an ordinance to increase fuel tax by
five cents, as compared to eight cents which was the wording used previously. Staff removed the
statement regarding the SMF increase if the ballot measure did not pass and now that is in the
explanatory statement. They made the road and street abbreviations consistent and three streets
were added to the paving project list: Alderbrook Drive, 130`''Avenue and Fonner Street.
The interactive project map on the website was demonstrated. It is a GIS map of Tigard with
colored dots highlighting how the gas tax resources will be used. Clicking on the dots pulls up
the project name and estimated cost. Dot size relates to the size of the project. Councilor
Henderson compared the handout to the map on the GIS and Ms. Fitzpatrick will work with GIS
staff to match the size of the dots on the handout and interactive map. Finance Director
LaFrance said staff has been working on communication materials and FAQs for the city's
website and for distribution to the public.
Mayor Cook said this is the first round of projects for the first three to four years. It is not the
entire breadth of projects desired over the 20 years. Council discussed the Tigard Street Bridge
and Tiedeman Bridge cost differences.
d. Public Testimony.
-Proponents.
Elise Shearer, 9980 SW Johnson Street,Tigard, OR 97223 said she supports going out for an
eight percent gas tax. Prices are low and this is an equitable tax. This is paid for by people
driving through town and filling up. She said gas prices will always go up and there is a lot
of overstock right now. She said, "You need to go for it. You are not going to get this
opportunity again." She suggested evaluating the fee and tax system every five years.
-Opponents. None.
-Response to testimony by staff. None.
e. Staff Recommendation -Assistant Finance Director Fitzgerald said staff recommends
council adopt an ordinance amending the Tigard Municipal Code and approve a resolution
for the ballot title language referring a measure to the voters in November to increase the
city's motor vehicle fuel tax by five cents a gallon.
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f. Close Public Hearing.
g. Council Discussion and Consideration of Ordination No. 16-14
Councilor Goodhouse said he would like to see the increase rise to ten cents a gallon. He
referred to the backlog and said the timing was perfect. The City of Tigard has a lower property
tax. He encouraged putting in an explanation about the options to pay for the backlog.
Council President Snider noted that he missed the July 12 discussion and had some comments.
He did not think the material adequately conveys the point that staff and the speaker made. One
of the main rationales for doing this is to tax people who use our roads but do not pay our street
maintenance fees. He did not think this is adequately explained in the explanatory statement.
Council intends to amend or change the SMF if this passes and that needs to be objectively
described. These are important points that leave voters uninformed. He added that he could also
support a bigger increase than five cents if others wished to as well.
City Manager Wine read the original wording, "If this measure is approved the increase in the city
street maintenance fee scheduled to begin January 1,2017 would not go into effect." Council's
discussion on July 12 was to find a more clear way to explain this. The request from councilors
that night was to remove it from the ballot title and add it to the explanatory statement where
there is less of a constraint on words. Ms. Fitzpatrick read the statement, "If the local gas tax
ballot is approved Tigard residents will not see a scheduled street maintenance fee increase of 24
percent to their monthly utility bill and businesses will not see the scheduled increase of 16
percent beginning January 1, 2017.
Council President Snider said he wanted to see wording in the explanatory statement that clarifies
specifically that if approved the increase of five cents a gallon to the local gas tax will be paid for
by all persons who buy gas in Tigard [not just residents]. He said this will make a clear point that
Tigard residents are currently footing the entire bill and all the people driving through Tigard and
buying gas and driving on Tigard's streets are not paying an equitable share.
Councilor Goodhouse questioned whether it made more sense to remove some project
information from the explanatory statement and insert the statement Council President Snider
read. City Manager Wine said one philosophy from a staff perspective was that Tigard voters like
to see specificity so the project list was included for that reason. It could be edited.
Council President Snider said he would like to add [not just residents] to the explanatory
statement. Ms. Fitzpatrick read, "If approved the increase of five cents per gallon local gas tax
will be paid by all persons who purchase gas in Tigard [not just residents]. City Attorney Rihala
expressed concerns with the "not just Tigard residents" line and said it approaches advocacy.
Council President Snider said this can be converted into into facts. He said it is a fact that people
who pay the SMF are only Tigard residents.
Councilor Henderson said it is cumbersome because the new street maintenance fee is not in
effect yet. People do not know this was going to happen.
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Councilor Woodard suggested putting the SMF increase into effect,getting the $500,000 and
then considering a future ballot measure in May. He is worried about competitiveness on the
November ballot. He asked each councilor to be honest and tell him if they will go to gas
stations outside of Tigard if the prices go up. Councilor Goodhouse said we can compare prices
with other cities but we do have the lowest property tax. We are talking about a two-cent
difference and if we have a chance to put this out to the voters we have a chance to get some
projects done that are important to the city. Council President Snider said, "The IRS considers it
costs 50 per mile, fully loaded, to drive, so why would anyone drive a few miles to save two cents
on a gallon?"
Mayor Cook said his point is that he voted against the higher SMF because he felt a gas tax is
more equitable. He said, "We've had a three-cent gas tax for more than ten years. I buy all my
gas here because I know three cents goes to Tigard. If you read the stats,people buy gas when
they need gas. The majority of Americans buy their gas that way." He said this includes the
station at Costco and assumes cardlock stations are included in this so tax is being gained from
those drivers also. He said people already experience a price difference from gas stations at one
end of Tigard to the other. Mayor Cook said he had concerns about a seven percent increase as
ten cents is a huge difference. He does not want this to sunset. He would rather go lower and
not have a sunset provision.
Language was reworked to read: If the local gas tax is approved Tigard residents and businesses
will not see an increase of the street maintenance fee on January 1, 2017 the local gas tax will be
paid for by all persons who purchase gas in Tigard Council President Snider and Mayor Cook
agreed with this sentence. At Council President Snider's request staff printed and distributed
copies of the statement.
Councilor Henderson asked about adding the word"scheduled"in front of the word increase
and council agreed this was a good idea.
City Attorney Rihala asked for a word count and cautioned that hyphenated words are counted as
they would be spoken so they are sometimes counted as one word and sometimes as two.
Councilor Woodard suggested the words...will not see a scheduled increase in street maintenance
fee in January 2017.
Councilor Woodard moved to approve Ordinance No. 16-14, as amended. Council President
Snider seconded the motion.
City Recorder Krager read the number and tide of the Ordinance.
ORDINANCE NO. 16-14—AN ORDINANCE AMENDING THE TIGARD
MUNICIPAL CODE CHAPTER 3.65 TO INCREASE THE FUEL TAX BY 5
CENTS PER GALLON FOR STREET SYSTEM AND RIGHT OF WAY
IMPROVEMENTS, REPAIR AND MAINTENANCE, as amended
City Recorder Krager conducted a roll call vote.
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Yes No
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Mayor Cook announced that Ordinance No. 16-14 was adopted unanimously.
h. Council Discussion and Consideration: Resolution No. 16-30
Council President Snider moved for adoption of Resolution No. 16-30. Councilor Woodard
seconded the motion. Council President Snider noted that staff did a lot of work and he wanted
appreciation extended to City Engineer Faha, Senior Transportation Planner Brown and Streets
and Transportation Projects Engineer McCarthy.
Mayor Cook said as discussed at a previous meeting regarding the maintenance part of the gas tax
proposal, council will need to remove the increased street maintenance fee and staff will come
back with a resolution that states the city will spend$500,000 per year for 22 years to get rid of
the $11 million backlog,increased by the cost of construction price. This will make sure not all
of it is spent on street improvements and sidewalks.
RESOLUTION NO. 16-30 -A RESOLUTION APPROVING REFERRAL TO
THE ELECTORS OF THE CITY OF TIGARD AT THE NOVEMBER 8, 2016
GENERAL ELECTION,THE QUESTION OF WHETHER TO INCREASE
FUEL TAX BY 5 CENTS PER GALLON FOR STREET SYSTEM
IMPROVEMENTS, REPAIR AND MAINTENANCE
Council President Snider moved to clarify his motion to include the words, "as amended."
Council Woodard accepted the amendment.
City Recorder Krager reread the number and title of the resolution.
RESOLUTION NO. 16-30 -A RESOLUTION APPROVING REFERRAL TO
THE ELECTORS OF THE CITY OF TIGARD AT THE NOVEMBER 8, 2016
GENERAL ELECTION,THE QUESTION OF WHETHER TO INCREASE
FUEL TAX BY 5 CENTS PER GALLON FOR STREET SYSTEM
IMPROVEMENTS, REPAIR AND MAINTENANCE, as amended
Yes No
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
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Mayor Cook announced that Resolution No. 16-30 passed unanimously.
7. LEGISLATIVE PUBLIC HEARING—CONSIDERATION OF ORDINANCE AND
RESOLUTION TO PLACE A MARIJUANA TAX ON THE NOVEMBER 2016 BALLOT
a. Open Public Hearing -Mayor Cook.
b. Hearing Procedures—City Attorney Rihala read the hearing procedures.
C. Staff Report-Assistant City Manager Newton gave the staff report on council consideration
of an ordinance and resolution to place a marijuana tax on the November 8, 2016 ballot.
She said City Attorney Rihala raised the issue that cities may be able to charge more
depending on what the state legislature does. The language was changed in the ordinance to
establish a tax on marijuana items at a minimum of three percent or whatever the law will
allow. The next opportunity to ask voters for a marijuana tax is in 2018 if council elects not
to put this on the ballot this November.
In response to a question from Councilor Woodard Ms. Newton said there is no limit on
how local tax revenues are spent but the current state tax does have limits. The city tax
would go into the general fund. Mayor Cook noted that unlike Measure 97 the legislature
wanted an end-use tax that is not cumulative. Taxes that are too high make it unlikely to get
the product off the black market. Council President Snider suggested charging a very large
business license fee for a large grow operation. Mayor Cook said the city must be careful not
to single out businesses. In response to a question from Councilor Woodard Mayor Cook
said there was at least one such operation in town. He said the state is not taxing medical
marijuana so the city will have to change its existing ordinance.
d. Public Testimony.
- Proponents.
Elise Shearer, 9980 SW Johnson Street, Tigard, OR 97223 advocated for taxing recreational
marijuana only. She said she supports the state plan not to tax medical marijuana. It helps
with pain, anxiety and nausea. It benefits cancer patients as well as those who are mentally
ill. Often these patients have diminished earning capacity. She advised if council does not
put this on the ballot that they use the time to study the income coming from the state and
ask if Tigard really needs the city tax. She said there is another shop requesting to go into
the downtown that is trapped by a five-year lease that was signed preemptively.
Eva Sigersted, 13940 SW Chin Lane, Tigard OR 97224 seconded the opinion that the tax
should be strictly for recreational rather than medical as there is already a fee for medical.
Combining that with lowered income would be a hardship. She said the percentage could be
the same for all cities and could be divided up among the cities. Mayor Cook said that is the
way it stands. Tigard would collect the three percent for retail recreational marijuana sold in
the city where it is located. Mayor Cook clarified the different laws on taxing marijuana.
Opponents. None
- Response to testimony by staff. None.
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e. Staff Recommendation. Assistant City Manager Newton said the staff recommends two
actions, first to approve the ordinance to establish the tax and the second is to approve the
resolution referring the question to the voters.
f. Mayor Cook closed the public hearing.
g. Council Discussion and Consideration: Ordinance No. 16-15
Councilor Woodard clarified that this is for retail,not medical products. Councilor Henderson said
the use of these funds is not dedicated. Any city tax would go into the general fund and allocated as
part of city's budget process. Mayor Cook commented that it could be used towards law
enforcement because that is included in the general fund.
Council President Snider moved to approve Ordinance No. 16-15. Councilor Goodhouse seconded
the motion. City Recorder Krager read the number and title of the ordinance.
ORDINANCE NO. 16-15—AN ORDINANCE ESTABLISHING A TAX ON
THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER IN
THE CITY OF TIGARD
City Recorder Krager conducted a roll call vote.
Yes No
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Mayor Cook announced that Ordinance No. 16-15 was adopted unanimously.
h. Council Discussion and Consideration: Resolution No. 16-31
Council President Snider moved for adoption of Resolution No. 16-31. Councilor Goodhouse
seconded the motion. City Recorder Krager read the number and title of the resolution.
RESOLUTION NO. 16-31 -A RESOLUTION APPROVING REFERRAL
TO THE ELECTORS OF THE CITY OF TIGARD AT THE NOVEMBER
8, 2016 GENERAL ELECTION,THE QUESTION OF WHETHER TO
ESTABLISH A TAX ON THE SALE OF MARIJUANA ITEMS BY A
MARIJUANA RETAILER IN THE CITY OF TIGARD
Mayor Cook conducted a vote and Resolution No. 16-31 passed unanimously.
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Yes No
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
8. NON AGENDA ITEMS None.
9. EXECUTIVE SESSION None Scheduled.
10. ADJOURNMENT
At 9:13 p.m. Councilor Henderson moved for adjournment and Councilor Woodard seconded
the motion. The motion passed unanimously.
Yes No
Councilor Woodard ✓
Mayor Cook ✓
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
A-or��
Carol A. Krager, City Recorder
Attes%�l
John V.
Bok, Mayor
Date
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