City Council Minutes - 07/11/2017 ,t City o f Tigard
Tigard City Council Meeting Minutes
July 11, 2017
STUDY SESSION
Council Present: Councilor Woodard, Council President Snider, Councilor Anderson,Mayor Cook and
Councilor Goodhouse
Staff Present: City Manager Wine,Associate Planner Warren,City Engineer Faha,Senior Management
Analyst Barrett, Senior Management Analyst Kang,Parks Manager Martin, Community Development
Director Asher and City Recorder Krager
A. RECEIVE DESIGN UPDATE ON TIGARD STREET HERITAGE TRAIL
Associate Planner Warren updated council on the three themes proposed for the Tigard Street Heritage
Trail.They are: 1) Trail as Outdoor Museum featuring Tigard's agrarian history;2) Trail as Riverine
History with Tigard's geologic history and river geography;and 3) Trail as Timeless Railway that
addresses Tigard's past and present as a rail hub. The design team asked community members who
came for the first of three "walk and talk" sessions for their input on each. The next session is from 5-7
p.m. on July 27,2017. Associate Planner Warren said 50 people attended but not all went on the walk.
Mayor Cook liked not having to choose between A,B or C and being able to find things to like in each
option. Mayor Cook noted that the gaps in the walkway shown in Timeless railway will be hard for
strollers to navigate. He also expressed concern about cafe chairs and tables breaking. Mr. Warren said
the idea is to have mobile seating so the plaza is functional and flexes with the crowd demand. He
noted that the sketches are representational and not exact. Councilor Woodard suggested installing a
pipe in the ditch and covering it to gain more surface space along the trail. City Manager Wine said an
extensive discussion was held with Clean Water Services and a permit is needed because of the drainage.
Engineer Faha said some of the land alongside the trail is in a wetland closer to Grant Street. She said
treatment would need to be provided making it not impossible,but a much bigger project.
Council President Snider asked where the splash pad was. Associate Planner Warren said the city has a
99-year lease with the railroad and so other agencies would need to approve it and the railroad objected.
They are fine with water features,but not a splash pad. Councilor Woodard noted that the space may be
too small for that activity anyway. Community Development Director Asher said his department is
working on the next downtown public space and it will be more spacious and could accommodate more
activities. Council President Snider asked if the railroad would allow misters like those used at the
balloon festival or the zoo.
B. DISCUSSION OF CHANGES TO PUBLIC WORKS PARKS AND ENGINEERING FEES
AND CHARGES
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Senior Management Analyst Barrett described some changes to the master fees and charges schedule.
A key control system is needed for Fanno Creek House and the Dirksen Nature Park facility. City
Manager Wine clarified that these buildings will be rented to the public through the Public Works front
counter or online similar to how park shelter rentals are handled. Councilor Woodard asked if Tualatin
Riverkeepers pays the city for use of the Dirksen Nature Park facility. Mr. Barrett said the TRK uses the
facility for their Tigard supported educational programs and opening the remaining hours to park
reservations will better utilize the facility. The rental revenue will more than offset the maintenance
costs.
C. COUNCIL LIAISON REPORTS
Mayor Cook reported on the SW Corridor Steering Committee discussions on paring down light rail
station choices. He said the citizen advisory committee has been assembled and 40 percent are Tigard
residents. City Manager Wine said Community Development Director Asher will be attending her one
on one meeting with councilors to keep them apprised of SW Corridor route/station discussions.
Council President Snider reported that the Bond/Levy Task Force is a group of 18 people and excited
to get started. They will be meeting the third Thursdays from 6-8 p.m. in Town Hall. A web page has
been set up. They will study City Finances 101, City Services 101, and be asked what services they value
at their next meeting.
Administrative Items:
City Manager Wine listed some upcoming travel and training opportunities and asked that council let
staff know if they are interested as soon as possible. Council's Summer Outreach could be at the
city's Movie in the Park event on August 25 and she asked that council check their calendars.
City Manager Wine distributed a copy to each councilor of the Council Travel/Training Policy.
City Manager Wine reported that a social service grant application from Fairhaven Recovery Homes
was apparently lost after it was turned in at the city. They would like consideration of their request
at this time. She said the funds have already been distributed and there are none left over. She said
there were two options. One is to locate a source for the additional grant and do a budget
supplemental and the other is to deny the request because it was not received on time. Council
President Snider recused himself from the discussion due to a conflict of interest. Council discussed
the issue and concluded that it was too late to award a social services funding grant this year and
they will examine internal processes to help prevent applications getting lost in the future.
1. BUSINESS MEETING
A. At 7:39 p.m. Mayor Cook called City Council meeting to order.
B. City Recorder Krager called the roll.
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Present Absent
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance.
D. Call to Council and Staff for Non-Agenda Items - None.
Mayor Cook mentioned that the city attorney has a service dog in training present and while
it is difficult not to,people should not engage with the dog.
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—None.
B. Tigard Chamber of Commerce—CEO Mollahan updated council on Chamber
activities. Applications are open for Leadership Tigard 2018 which is a great way to
understand the local community and encourages participation on school board and civic
committees. She said the Chamber is starting a new program called Leverage and Learn to
demonstrate how to make the most of their Chamber membership. The Farm to Table
experience is June 21 from 6-9 p.m. at the Fanno Creek House and will feature locally
sourced food prepared by DeAngelo's Catering. The new downtown banner system will be
dedicated at 10:00 a.m. on July 13. Artistic elements are yet to be placed. Saturday,
September 9 is the Downtown Street Fair with a Latino Festival in the evening.
C. Citizen Communication—Sign-up Sheet. No one signed up to speak.
At 7:44 p.m. Mayor Cook asked Council President Snider to preside and left the meeting briefly.
3. CONSENT AGENDA:
A. RECEIVE AND FILE:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
B. APPROVE CITY COUNCIL MEETING MINUTES
• May 9, 2017
• May 16, 2017
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• June 6,2017
• June 13, 2017
• June 20, 2017
Councilor Woodard moved for adoption of the Consent Agenda as presented. Councilor
Anderson seconded the motion. Motion carried unanimously.
Yes No
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
4. CONSIDER RESOLUTION APPOINTING PARK AND RECREATION BOARD MEMBERS
Parks Manager Martin gave the staff report. Members Ben Holmes and Alternate Yamini Naidu
were present.
Councilor Anderson moved to approve Resolution No. 17-32 and Councilor Goodhouse seconded
the motion. City Recorder Krager read the number and title of the resolution.
Resolution No. 17-32—A RESOLUTION APPOINTING CLAUDIA CIOBANU AND
BEN HOLMES AS VOTING MEMBERS AND YAMINI NAIDU AND TRISTAN IRVIN
AS ALTERNATE MEMBERS OF THE PARK AND RECREATION ADVISORY BOARD
Yes No
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook (left room briefly)
The motion passed by a majority. At 7:46 p.m. Mayor Cook returned to the meeting and
presented Ben Holmes and Yamini Naidu with City of Tigard pins.
5. CONSIDER APPROVAL OF RESOLUTION ACCEPTING TRANSFER OF PROPERTY
FROM WASHINGTON COUNTY
City Engineer Faha presented the staff report for this item. This resolution transfers certain county
roads to city jurisdiction allowing Tigard to handle permitting and take care of maintenance.
Councilor Woodard asked if Tigard would incur the street maintenance costs and if there was an
estimate. City Engineer Faha said the city collects street maintenance fees and gas taxes for the areas
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and she did not have a specific estimate for their maintenance. In response to a question about
condition of the roads, she replied that 113th Avenue is associated with new development, the Shady
Lane segment is the road near the Sky High facility and the Bull Mountain Road segment will receive
improvements as part of the River Terrace development.
Council President Snider moved to approve Resolution No. 17-33. Councilor Anderson seconded
the motion. City Recorder Krager read the number and title of the resolution.
Resolution No. 17-33—A RESOLUTION INITIATING ACTION TO TRANSFER
JURISDICTION OF CERTAIN COUNTY ROADS (SEGMENTS OF SW ROY
ROGERS ROAD, SW BULL MOUNTAIN ROAD, SW SHADY LANE AND SW 113TH
AVENUE)WITHIN THE CITY OF TIGARD TO THE CITY OF TIGARD
Mayor Cook conducted a vote and the motion passed unanimously.
Yes No
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
6. LEGISLATIVE PUBLIC HEARING—MIXED USE COMMERCIAL (MUC) MOTOR
VEHICLE SALES CODE AMENDMENT
A. Open Public Hearing —Mayor Cook
B. Hearing Procedures—Mayor Cook announced that anyone may offer
testimony. Oral testimony may be offered only by a person who has been
asked to speak by the Mayor.
C Staff Report—Associate Planner Pagenstecher gave the staff report. He said
Macerich, the owner of Washington Square Mall and surrounding properties,is
seeking a development code amendment to allow motor vehicle sales and rental in
the Mixed-Use Commercial Zone (MUC) as a stand-alone use.The MUC Zone is
exclusive to the Washington Square Regional Center.A quasi-judicial notice was
published in the Tigard Times and on the City of Tigard website;mailings went to
property owners within 500 feet and interested parties. The site was posted and there
was a Planning Commission public hearing. No public comments were received. He
showed an aerial view of the proposed location of the applicant's car dealership. Two
parcels owned by Macerich would be developed should an application be submitted.
The applicant proposed that only this site be subject to the development code
amendment but staff had a slightly different take on it. The current code allows
motor vehicle sales as an accessory to a permitted use as long as this use is contained
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within the same building and does not exceed the floor area of the permitted use.
The current code limits visibility of motor vehicle sales and its relative size. This
would be consistent with the high density zoning of the Washington Square Regional
Center. The applicant proposed a site that was northwest of the corner but not
defining the extent of it and the outdoor sales inventory would be screened
"predominantly from view" as opposed to staff recommendation which was
screened"completely" from view.
Mr. Pagenstecher showed a slide of the current zoning of the Washington Square
Regional Center and a sub-area showing the extent of Macerich-owned land within
the MUC zone. He said staffs alternative is to implement the development code
amendment allowing this use as a stand-alone use through a sub-district
construction,which is used elsewhere in the code (Downtown Plan District and
Durham Advanced Wastewater Facility Plan District). Placing all the mall property
within a sub-district would anticipate future redevelopment of the mall property,
acknowledge the mall's particular circumstances including private access ways,
expansive parking lots and the mall building itself. It would provide more code
flexibility and clarity for users of the code and furthers the department's goal of
reducing regulations done through footnote, and would be easier to implement.
Staff finds that the code amendment can be approved, consistent with the applicable
development code provisions and comprehensive plan policies and recommends the
sub-district approach to accommodate a motor vehicle sales and rental as a stand-
alone use in the MUC zone.
Associate Planner Pagenstecher said the Planning Commission recommended by a
vote of 7-1 a stand-alone sub-district approach. The Planning Commission made an
amendment to clarify that the required screening applies to outdoor vehicle sales and
rental inventory. Still lingering is the question about screening surface inventory.
The Planning Commission anticipated the applicant would be prepared at this
hearing to address that issue in detail. He noted that this discussion has been an
ongoing, cooperative effort and their presentation tonight addresses the screening
issue.
Councilor Woodard asked about the area zoned R 4.5 near the site and Mayor Cook
noted that was the Crescent Grove Cemetery. Councilor Woodard asked if the
screening would be trees or cyclone fencing and Mr. Pagenstecher said cyclone
fencing is not favored by Community Development Director Asher and staff said it
must be screened from view but not be a solid wall. The applicant presentation will
show their solution to this requirement. Mayor Cook added that he read in the
Planning Commission minutes that a big solid wall was not desirable either.
Councilor Goodhouse asked if there wasn't already a car rental place near the Sears
tire site;and Tesla is inside the Washington Square Mall.Associate Planner
Pagenstecher said the Macerich Company has allowed Tesla as a restricted use
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because it is all interior. The Sears car rental site is a pre-existing use and is allowed
to continue. Councilor Goodhouse said this is a legislative public hearing but the
Planning Commission was quasi-judicial and asked why there is a difference. Mr.
Pagenstecher said this is a legislative review for council but staff took caution in their
legislative review where there is a specific property at issue or a private party
proposing a development code amendment. In those cases staff takes the greater
review process of the quasi-judicial.
Councilor Anderson asked if the sub-district is the entire mall area or just the two
lots. Mr. Pagenstecher said the sub-district is all of the Macerich property which
includes the mall,Mall Too and the fringe properties to the south.
D. Applicant Testimony—
Jacob Knudson from Gilbert, Arizona said Macerich is a long-term landowner of
retail assets across the country. Washington Square is among the top five assets in
their portfolio, making over $1,000 per square foot. He told council that the best
decisions are made for ten, twenty years and beyond. He said this site that has
struggled since the old TGIF restaurant closed in 2008 and the cinema was
demolished in 2010. Since then Macerich has done its due diligence with restaurants,
movie theaters, entertainment uses and grocers interested in the site but then
identifying the proximity to the mall and topography as reasons not to move
forward. This area was identified for relocation of an existing Portland business. He
said Jaguar Land Rover is a complimentary customer and he believes they will attract
customers from the Portland market. He referred to a question that came up in the
Planning Commission meeting about how can the city be sure if this is approved,
that we won't just change to a Kia dealership at the site. He said Macerich is here for
the long haul and will not switch this to a used car lot. He added that they have been
working with staff and when they return for design review, staff will be expecting to
see the luxury as promised.
Councilor Anderson asked if Jaguar currently has a lease. Mr. Knudson said they
have a letter of intent and this is a lease they intend to move forward with.
Dan Muggli,General Manager of Jaguar Land Rover Portland,which is a Don
Rasmussen Company in Portland thanked council for the opportunity to present.
He said they are interested in joining the Tigard community and what they propose is
a Jaguar Land Rover Center at the corner of Greenburg Road and Highway 217.
The facility would be one of the first in the country. It will provide an experience
featuring these two premier brands in the only facility of its kind in Oregon and
Southwest Washington. Jaguar and Land Rover are the two hottest brands in the car
industry. Mr. Muggli presented a PowerPoint featuring their new electric vehicle.
He said the Don Rasmussen Company was founded in 1950 and is a model of ethical
business practices. They contribute greatly to the community including donating to
battered women and children's shelters and a conservation fund to help offset CO2
produced by vehicles they sell.
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Mr. Muggli said, "Why Tigard?" As their market developed their area center is not
downtown Portland;it is in this quadrant. The site in Tigard is in the heart of their
market area. They offer 60+ well-paying jobs and the average Jaguar Land Rover
employee is paid nearly$90,000 annually. They will bring their high demographic
consumers to Washington Square in Tigard. They have connections to the high tech
community because they located their advance technology center in Portland. Mr.
Muggli said this will be a world-class luxury retail facility.
Curt Trolan,Mildren Design Group, 7650 SW Beveland, Suite 120,Tigard, OR
97223, thanked staff for the countless hours and help given to their design team.
This facility will be a regional dealership and the next closest facilities are in Tacoma
and Sacramento. The chosen site was underperforming and has a number of issues
including one access point, one public street frontage and a 15-foot drop from one
end to the other.The southwest corner is ten feet below the adjacent sidewalk.Two
sets of design criteria needed to be addressed-Tigard's Community Development
Code and the Jaguar Identity Manual. He said the details, colors,lighting, distances
around vehicles, and landscaping materials are addressed in the preliminary site plan.
The service area is south of the Bank of America building. It will occupy 50 percent
of frontage with a pavilion along Greenburg Road to create a conspicuous face of
the building. Windows provide an eye on the street increasing safety. Renderings
show the focus is on an entry drive that leads to the front door. The service area is
on the right with screened roof deck parking. Heavy landscaping borders the area
south of the pavilion along the corner of Highway 217 and Greenburg Road,
providing effective screening for vehicles on Greenburg Road while still providing a
pedestrian experience.
Council President Snider asked if the elevation as shown was correct for the view
from Highway 217. He asked if the vehicles stored outside would be screened from
view. Mr. Trolan said dense landscaping screens site inventory from 217. The
screening design is unique and prevents view of outdoor display from Greenburg
Road. Coniferous trees will screen the outdoor parking lot with angular planes to
mask the view from drivers on Greenburg Road east of the pavilion. He added that
the applicant supports the Planning Commission's amended text language and they
thank Associate Planner Pagenstecher for his efforts on this.
Council President Snider commented that rarely does the council see an applicant
come in with their own set of standards. He asked which was more difficult to
follow, the city's standards or the Jaguar Identity Manual. Mr. Trolan said both have
been challenging. Council President Snider commented that the design looks
beautiful.
E. Public Testimony in Favor-No one signed up to testify.
F. Public Testimony in Opposition-No one signed up to testify.
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G. Response to Applicant's testimony-Associate Planner Pagenstecher said there were
many opportunities for staff to move forward to honor the city's zoning standards
and protect the aesthetic quality of the area yet still allow this use. He complimented
the design team for using their imagination to resolve issues. There may be a
challenge to screening on the ramp to Highway 217 but the screen could be
successful over time if there is room to make it deep enough. He said council
has options, such as the Subaru dealership in Wilsonville which is all indoors,
outdoors with screening, or outdoors with a less burdensome screening requirement.
Mayor Cook said he liked the pavilion building and noted that Tigard has been
working on making a walkable community. He said just building a trail does not
necessarily mean someone will want to walk on it. It is the experience they have
while on the trail. Interaction makes the walking experience a lot better and this
design of having cars in the window does exactly what the city is trying to do. He
likes the car in the window idea that is visible from Highway 217. He asked how to
write into the code that vegetation must be kept alive. Associate Planner
Pagenstecher said one way would be for council to be descriptive about the
screening, such as "visual block with vegetation", or a"combination of screen with
fence and vegetation." Mayor Cook said he preferred to require both. He said
looking down from Lincoln Center will not offer a screened view but the walking
and driving experience should.
Councilor Anderson commented that the screening solution is very creative. He
inquired about the screen situation for the Thirsty Lion and noted that cars in their
parking lot can be seen. Associate Planner Pagenstecher agreed and said it did not
seem fair to the applicant. Council President Snider said it would be the same
situation with the upper lot in Washington Square. Mr. Pagenstecher said it is a code
compliance issue.
Councilor Woodard said it reminds him of form-based code for the Tigard Triangle.
He said he enjoys looking at things when he walks but prefers a certain amount of
screening. He asked if form-based code could be added to heighten the pedestrian
experience and Associate Planner Pagenstecher said there are upcoming code
changes addressing form-based code.
Councilor Goodhouse said it seemed like over-restrictive screening. He likes the
idea of mixing screening with vegetation and the open wall concept along
Highway 217.
Mayor Cook said Greenburg Road is a public road and Washington Square Road is a
private road. He said it was unrelated to this hearing but he gets many calls every
holiday season because of traffic issues around Washington Square. He asked if
there was a way to have a 45-day window during the holidays to change the signal for
no right turns so queues do not build up.
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Councilor Goodhouse asked if this code amendment will allow opening up of the
site to future dealerships. Council President Snider said it would be allowed in the
entire proposed sub-district. Associate Planner Pagenstecher said surface inventory
would not be noticeable because of the screening standards for any future motor
vehicle sales.
Council President Snider asked if mitigation was required for a private road such as
Washington Square Road and Mr. Pagenstecher said the city does not presume that
is a requirement. He said the applicant showed a section view but they are not going
to be required to screen to the same extent on Washington Square Road as they are
on Greenberg Road. The louvers are oriented towards Greenburg but the louvers
connect to the view from the Thirsty Lion parking lot.
H. Applicant Rebuttal—Mr. Muggli said what was presented was as discussed.
I. Mayor Cook closed the public hearing.
J. Council Discussion and Consideration: Ordinance No. 17-16
Councilor Woodard said he was glad to see this come into Tigard and will enjoy
walking by and looking at the business.
Mayor Cook commented that he likes what Jaguar Land Rover brings to the table yet
can appreciate the Planning Commissioner who voted against it asking, "What if it
changes to a Kia dealer?"He asked, "What if looking ten, fifteen,twenty years down
the road,three or four other car dealerships want to come in?" He agrees with the
sub-district structure.
Councilor Goodhouse said it could be reconfigured on the perimeters so there are
only car lots.Associate Planner Pagenstecher said the mall is a different property
with large parking lots,making it different from other properties in the Washington
Square Regional Plan District.
Councilor Woodard said he has lived in Tigard for many years and has seen
Washington Square change a lot. He said it has gotten better and mall
management is doing a good job. He said Macerich will be here a long time. He
suggested taking some of the pedestrian experience tips and putting them into
place in other plan districts to enhance their areas but on the other hand does not
want to micromanage businesses.
Councilor Goodhouse said he would rather start small and expand. Council
President Snider said it is an overreach to think of what might happen in 30 years.
He said he is comfortable with what was presented and moved to approve
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Ordinance No. 17-16. Councilor Woodard agreed and seconded the motion. He
added that the mall has changed a lot and he has not been disappointed.
Councilor Goodhouse suggested an amendment to apply the code amendment to
just the single properties instead of the entire sub-district but after discussion
withdrew his amendment.
City Recorder Krager read the number and title of the ordinance.
Ordinance No. 17-16—AN ORDINANCE AMENDING THE TIGARD
COMMUNITY DEVELOPMENT CODE SECTION 18.520.030,
18.630.015,AND 18.630.A,TO PERMIT MOTOR VEHICLE
SALES/RENTAL IN THE MALL SUBDISTRICT OF THE MUC ZONE
AS A STAND-ALONE USE PROVIDED OUTDOOR INVENTORY IS
SCREENED FROM VIEW (DCA2017-00001)
Mayor Cook suggested clarifying what"screened from view"prior to a council vote
on the ordinance. Associate Planner Pagenstecher suggested an Exhibit A language
addition"...from adjacent public roadways by a mix of opaque screens and
evergreen landscaping." City Attorney Rihala suggested doing this as an
amendment. She responded to a question from Associate Planner Pagenstecher
about the reading of the ordinance title and clarified that the title of the ordinance
was correct and will not be amended; the text in Exhibit A is what will be amended.
Councilor Goodhouse referred to the vegetation screen at Thirsty Lion and asked
what happens if plantings are required but then die. Mayor Cook asked staff for
clarification on the type of screening and whether it would be a wall,vegetation, or
both. He said what staff read could be construed that there could either be a shrub
or a fence and not necessarily both. He suggested adding the word, "both."
Assistant Community Development Director McGuire referred to earlier questions
about the Thirsty Lion restaurant next to the site and said screening their parking lot
from view was a requirement. He said the city's code enforcement would compel
some action on the lack of screening but it is complaint driven and an official
complaint has not been received. If one is received Macerich would be required to
replace all the landscaping per the development code.
Mayor Cook asked for a motion on the amendment. Councilor Goodhouse moved
to amend the motion by adding wording to Exhibit A by adding,"both opaque
screens and evergreen landscaping." Councilor Anderson seconded the motion.
The Mayor conducted a vote on the amended motion and it passed unanimously by those
Present.
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Yes No
Councilor Goodhouse ✓
Council President Snider (left the room)
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Council President Snider returned to the room.
City Recorder Krager conducted a roll call vote on Ordinance No. 17-16,with amendment
to Exhibit A.
Yes No
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
Mayor Cook announced that Ordinance No. 17-16 was adopted unanimously.
7. NON AGENDA ITEMS - Mayor Cook announced that Tigard received notification that Abigail
Rader's "If I Were Mayor" contest entry placed third in the state for middle school entries. This is
the highest level in the statewide contest that an entry from Tigard has achieved.
8. EXECUTIVE SESSION None.
9. ADJOURNMENT
At 9:03 p.m. Council President Snider made a motion for adjournment and Councilor Goodhouse
seconded. The motion passed unanimously.
Yes No
Councilor Goodhouse ✓
Council President Snider ✓
Councilor Woodard ✓
Councilor Anderson ✓
Mayor Cook ✓
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Carol A. Krager, City Rec rc�l der
Attest:
John L.Tok, Mayor
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