City Council Minutes - 12/12/2017 y City ofTigard
Tigard City Council Meeting Minutes
. • December 12, 2017
STUDY SESSION
A. POLICE DEPARTMENT UPDATE TO COUNCIL
Police Chief McAlpine provided council with an update on the department's five-year assessment
which included employee needs and trends,staffing levels,city goals,vision work, national trends,
crime statistics,how Tigard compares to surrounding cities and the department's successes and
challenges.
B. COUNCIL LIAISON REPORTS
Councilor Woodard discussed his attendance at the Parks and Recreation Advisory Board (DRAB)
meeting. He said they discussed the Levy and Bond Task Force,possible levy and how to align
new goals with their previous goals.
Mayor Cook talked about his recent trip to Napa's Mayors Conference where he shared
information about the Lake Oswego/Tigard Water partnership,accomplishments,water
sustainability during wildfires and water reuse.
1. BUSINESS MEETING 7:30 p.m.
A. At 7:30 p.m. Mayor Cook called the meeting to order.
B. Deputy City Recorder Burgoyne called the roll.
Name 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.
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D. Call to Council and Staff for Non-Agenda Items—There was none.
2. CITIZEN COMMUNICATION (Two Minutes or Less,Please)
A. Follow-up to Previous Citizen Communication—There was none.
B. Tigard High School Student Envoy—Associated Student Body Vice-President Sierra Kruse
updated council on Tigard High activities and events: Give Back Drive,FDLA business
program giving tree,open table,granting winter wishes,holiday assembly, showcase of
talent. She said the football and wrestling teams both took first place and the advanced
theater performed"It's all Greek to me". The high school band will be performing at the
Grotto.
C. Tigard Area Chamber of Commerce—Tigard Chamber CEO Mollahan gave an update on
Chamber activities,Leadership Tigard's business and economy day tours to Gerber,Agilyx
and Fought Steel. She announced weekly Thursday would be hosted by Sery-Pro Tualatin,
updated council with new member information and said the tree lighting event saw record
crowds. The Tigard Farmer's Market is currently working on their 2018 season.
D. Citizen Communication
Chris Brown, 12326 SW 131"Avenue,Tigard, OR 97223,explained he has lived in Tigard
for over thirty-years,currently in the Summer Lake neighborhood,and with the new
rezone,Type II business licenses are creating a livability concern in Tigard neighborhoods.
He said one of his neighbors next to him runs a Type II home occupation business out of
her home and now there are people coming all hours of the day and walking alongside his
home to get to her home business. He stated that the neighborhoods CC&R's do not
allow for this,however,the city of Tigard does not recognize CC&R's and he does not
think that all neighborhoods in Tigard should allow for Type II businesses.
Mayor Cook asked if this is only allowed in one part of Summer Lake and Mr.Brown
responded that Tigard allows for Type II's in all residential zones. Mr. Brown said that
Type I's have never been an issue,and that only the Type II businesses are posing the
problem. Mayor Cook said he would have the Assistant City Manager get in contact with
him.
3. CONSENT AGENDA: (Tigard City Council and Town Center Development Agency)
A. RECEIVE AND FILE:
a. Council Calendar
b. Council Tentative Agenda for Future Meeting Topics
Councilor Woodard moved to approve the consent agenda and Council President Snider seconded
the motion. Motion passed by a unanimous vote.
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Name Yes No
Councilor Goodhouse
Council President Snider
Councilor Woodard
Councilor Anderson (Absent)
Mayor Cook
4. APPOINTMENT OF PLANNING COMMISSION MEMBERS
Assistant Community Development Director McGuire gave the staff report. New commission
members Jan Lambert,John Roberts and alternate member Cole Whitehurst were present at the
meeting.
Council President Snider moved to approve Resolution No. 17-49 and Councilor Goodhouse
seconded the motion. Motion passed by a unanimous vote.
Resolution No. 17-49—A RESOLUTION APPOINTING JOHN C. ROBERTS AND JAN
LAMBERT AS VOTING MEMBERS OF THE TIGARD PLANNING COMMISSION,AND
APPOINTING MELANIE BROOK AND COLE WHITEHURST AS ALTERNATE,NON-
VOTING MEMBERS
Name Yes No
Councilor Goodhouse
Council President Snider
Councilor Woodard
Councilor Anderson (Absent)
Mayor Cook
5. APPOINTMENT OF TOWN CENTER ADVISORY COMMISSION MEMBERS
Redevelopment Project Manager Farrelly gave the staff report. New members Thomas Murphy,
Ryan Ruggiero and Ralph Hancock were present at the meeting.
Councilor Woodard moved to approve Resolution No. 17-50 and Councilor Goodhouse seconded
the motion. Motion passed by a unanimous vote.
Resolution No. 17-50—A RESOLUTION APPOINTING FAEZ SOLID,RALPH HANCOCK,
RYAN RUGGIERO,AND THOMAS MURPHY AS VOTING MEMBERS OF THE TOWN
CENTER ADVISORY COMMISSION AND LUCAS BROOK AND KELSEY PARPART AS
NON-VOTING ALTERNATE MEMBERS
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Name Yes No
Councilor Goodhouse
Council President Snider
Councilor Woodard
Councilor Anderson (Absent)
Mayor Cook
6. LEVY AND BOND AVISORY TASK FORCE DISCUSSION
Assistant City Manager Zimmerman presented this item and gave a PowerPoint presentation.
Members of the Levy and Bond Task Force present at the meeting included: Alan Miles,Angela
Anastasakis, Carl Switzer,Cathy Olson,Chris Middaugh,Christopher Staggs,Darlene Dick,Erin
Scheller,Holly Koontz,Jamie Watson,Kate Rogers,Melody Graeber,Mitch Friedman,Robert Van
Vlack and Wayne Gross. Mr. Zimmerman gave an overview of the task force role, schedule and
represented members,discussed Tigard's ability to raise revenues and the difficulty in Tigard's
permanent tax rate. He said Tigard has the second lowest tax rate for cities in Washington County,
provided funding scenarios the task force considered,and said staff recommends a ten-year outlook
for services. Mr. Zimmerman said the task force group supported scenarios two and three and
discussed questions the task force considered prior to their recommendation.
Councilor Goodhouse said some other cities gave back their tax rate and some cities have higher tax
rates. Particularly,the city of Tualatin has a lot more industrial businesses,which allows them to
bring in more tax roll.
Levy and Bond Task Force Member Dick said this was not an easy recommendation for the group.
She said they reviewed the financial forecast,had discussions about the financial forecast and
considered impacts to services. She said after several meetings and thoughtful consideration,the
group came to a unanimous recommendation for council to go out for a levy. Ms. Dick said her
"aha"moment came when she started to notice the deterioration of park maintenance and build-up
of garbage around play structures.
Levy and Bond Task Force Member Middaugh said he has walked all over the city and sits on the
planning commission. He said his"aha" moment was when the 2010&2012 layoffs occurred and
even now,staffing levels have only recovered to the 2008 staffing levels. He explained sidewalks
and traffic safety improvements are important issues to him. He encouraged Tigard to be a thriving
city.
Levy and Bond Task Force Member Gross said he has worked in local government parks and
recreation departments,and is surprised to see the lack of staffing in the city's parks and recreation
department. Mr. Gross said he moved to Tigard in 2010,and since then has seen new parks,limited
staffing and aging assets. He said he appreciates councils park and recreation support,but if they do
not do anything now,they will be taking a big step backwards. Mr. Gross then read a statement
from Levy and Bond Task Force Member Rone who was unable to attend the meeting.
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Levy and Bond Task Force Member Olson said she and her husband moved here eleven years ago
and she has spent a lot of time walking around the city. She always felt safe and that the trails have
been maintained,but she is afraid there will be a loss of public safety and unmaintained trails if the
city does not put forth a levy. She appreciates the library,and a loss of public safety,unmaintained
trails and loss of library services are a concern if a levy does not pass.
Levy and Bond Task Force Member Switzer said the city must be a well-run and maintained city,
citizens should vote to operate and maintain the city all levels of services will benefit from an
approved levy. Services and stable future depend on it.
Levy and Bond Task Force Member Staggs lives near Washington Square and is interested in the
future of the city,and felt lucky to be part of the task force. He believes the future of Tigard is
huge,has amazing potential to be a more vibrant city and the task force feel their recommendation is
very in line with making the city more vibrant. Mr. Staggs also talked about the importance of
sidewalks.
Levy and Bond Task Force Member Miles talked about the huge gap the city is facing with the lack
of funding and that this is detrimental to the city,and he does not want to see services continue to
decline. He wants to maintain police levels and if we do not,then he does not believe Tigard will be
a place people will want to come. He said he is worried that asking for$1.50 might be difficult to
pass.
Levy and Bond Task Force Member Graeber said this is vital in order to continue the vitality of the
city and that she is proud of the task force.
Levy and Bond Task Force Member Van Vlack said he has been a resident for over 14 years and
lives in the Summerfield community, supports a local option levy and being a part of Task Force has
been eye opening and the city has done a good job with their finances. He has studied the list of
capital improvement projects that have been pushed aside due to lack of funding,and he is in
support of the local option levy and letting the voters of Tigard decide.
Levy and Bond Task Force Member Koontz thanked the city council for the opportunity to be on
the Task Force and said she loves Tigard for many reasons and she feels safe. She supports
maintaining safety and sidewalks and supports their recommendations. She read a letter of support
from Levy and Bond Task Force Member Croke who was not able to attend the meeting.
Levy and Bond Task Force Member Friedman thanked the city for the opportunity. He said in order
to reach the city's goal there needs to be an investment to drive the goals of the citizens. He said it
begins with public safety,park maintenance and business growth. Timing is crucial;he is in favor of
making the city great and supports the local option levy, fixing roads,and congestions,build more
parks and maintain them. He would like having a civic center that people can walk to.
Levy and Bond Task Force Member Anastaskis said public safety is ingrained in her and being on
the task force has been eye opening. She suspects that many citizens do not understand why city
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services are less and do not know why. She supports the local option levy now and it is needed in
order for Tigard to thrive.
Levy and Bond Task Force Member Scheller has seen a lot in Tigard since moving here and being
on the task force has really allowed her to see the city's funding,infrastructure and safety,and these
things are becoming more important to her.
Levy and Bond Task Force Member Watson has lived here for four-years,and is grateful for such a
beautiful city and agrees with what the other task force members have said. She said her
neighborhood has no sidewalks,no street lighting and open drainage,and that last year alone there
were three different vehicles in the drain ditch.
Levy and Bond Task Force Member Rogers said she has lived here for just over three years,serves
on the City Center Advisory Commission and is looking forward to the development in the Triangle.
She commended staff and council for their use of funds up to this point and is not sure how they
have done it. She believes the city needs to calibrate what needs to be done,and they need to be
aspirational in order to protect all the citizens of Tigard.
Assistant City Manager Zimmerman asked council how they would like to proceed. Mayor Cook
said he prefers council ask questions of the members and not make statements.
Councilor Woodard said it is difficult for him not to make a statement,and asked if anyone knew he
had voted no last year on the levy. He explained it was based on a city performance audit that was
done back in 2011 that showed a revenue problem,but he wants to make sure the city does not have
a spending problem and the only way to determine this is to have another performance audit done.
He said he is not against the levy,but that the other half of the puzzle is missing and the other half
of the work should be done first so the city needs more time. Councilor Woodard passed out
information to members of the task force,which has been added to the packet for this meeting.
Councilor Goodhouse noticed the issue of sidewalks was mentioned several times,and said
sidewalks alone can be a large price tag. He asked what their vision is for sidewalks as it pertains to
the levy,is it fixing sidewalks or creating new sidewalks.
Mr. Middaugh said not all sidewalks can be done at once,but maybe they could start with sidewalks
near schools.
Ms. Dick said they realize sidewalks are expensive but to start with schools is important.
Ms. Koontz said one of the things the group discussed was safety for children and having something
tangible that citizens can see come from higher property taxes will show them a return on their
investment. She said their children would have a safer way to walk to school;they will have a safer
way to walk through their neighborhood, and she supports the city's mission of being one of the
most walkable cities. It is marketable,it is tangible,and people see it and it is something that citizens
will enjoy and is useful for the dollars they are giving the city.
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Ms.Watson said that missing sidewalks and lighting should be a basic need.
Mr. Van Vlack said as a transportation advisory committee member one of the goals is to fill
sidewalk gaps and schools are the most important areas to start with and the levy would be help with
funding.
Council President Snider asked if they are going to have effective conversations on a council level
and discuss the recommendation from the task force,and will staff be preparing some sort of packet
of material so that come January or February,council can have an effective discussion. Assistant
City Manager Zimmerman said they envision some individual meetings between management and
council in order to get their individual feedback and their impression of the presentation presented
tonight. He said that if council would like,they could direct staff to develop a packages that would
include what a levy would look like,and then staff would develop a timeline for council to reference
when it comes to putting the referral of a levy forward to the voters. Mr. Zimmerman said they
have already reserved time in early 2018 for possible referral if they so wish,that tonight was just
informative and for staff to get direction from council.
Council President Snider said he prefers staff prepare packages that include repealing the parks and
recreation charge,not repealing the parks and recreation charge,and moving forward with what a
local option would look like.
Mayor Cook asked Levy and Bond Task Force member Friedman how he suggests including
accountability,transparency and showing results as part of the levy language. Mr. Friedman said the
group talked about sidewalks and this is a tangible thing people can see,and he thinks this is
important when sending this out to citizens so they know. He said he hears a lot that people do not
have a great opinion of government overall,and if results are tangible and people are able to see and
touch and see the growth;that creates a positive investment for people. Mr. Friedman asked
Councilor Woodard about his reference to an audit done on expenditures and his no vote to a levy
previously and why results from last year's audit report that was performed by the Audit Committee
regarding expenditures was not brought to this group for consideration. Councilor Woodard
responded it is a shame and if there are no checks and balances to human behavior,how do you
know what the fraud waste and abuse is and where the gap is. He said he does not know what the
audit committee does,but it is not a city performance audit.
Council President Snider said it is a financial audit and the Audit Committee has a very specific role.
Mr. Friedman asked Councilor Woodard for clarification on his previous no vote and if this was
because he wanted to have a performance audit done. Councilor Woodard replied this was done in
2011,and the same discussion came up and everyone on council was in favor of this. He said the
city manager agreed to a city performance audit or an audit of parks and maintenance because this is
typically where there are cost savings. He explained that when council changed in 2012,these things
went away,and he has been beating on this drum every year. He said he is a lone voice in this and
has conservative principals and is not going to shift from this. These are his tax dollars too and he
does not want to pay more if he does not have too,and if you are going to set priorities,then set
them on what they actually are.
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Mayor Cook clarified that the audit committee is suggested by the state for financial purposes and is
an external committee that audits financial statements. Outside auditors come in and look at the
financial numbers. He said what Councilor Woodard is talking about is more of an internal audit for
auditing an agency's performance.
Councilor Woodard said the performance audit was discussed in the minutes that he included in the
information he passed out. He said Councilor Beaner was the person who brought up performance
audits and at the time,he himself was part of the budget committee and he was talking about
performance audits for checks and balances and Councilor Beaner is the one to bring up the
performance audit. He explained that at the time,this was only his second meeting,and the city
manager at the time said the city did not have the funds,but he did not know what the cost was.
Mr. Friedman asked Councilor Woodard if it was last year that he said no. Councilor Woodard
replied based on the city not having a performance audit done. He said there has not been one done
since 2010,and then it was not a true city performance audit,so how do they know that all the
matrixes are correct. He does not know. Mr. Friedman asked why this has not been done. He said
as a citizen,he wants to move forward with the city,he said we all have visions of how we want the
city to be,and they do not want to take steps back. He said this is the feeling people have about
government. You can talk and say things,but get things done.
Council President Snider stated it is important to put this in context,that they have not heard from
any other councilor tonight and the reason the task force has met over the last year is that the
majority of the city council voted to take that action. He said they are hearing one voice and no one
else has spoken. He would like the group to keep this in perspective and encouraged the entire
group to be present for all of the discussions,because they were not scheduled to have this
discussion at tonight's meeting.
Councilor Goodhouse asked the group if they would rather see a proper sidewalk package or just a
little. He said the city could spend a couple million dollars just on one little area. He wants people to
understand the costs associated and does not want people to feel that they are not seeing what they
thought they would. Mr.Friedman asked to look at public safety,which is important to people in
the community. He said Ms.Watson spoke about safety concerns regarding the lack of sidewalks in
her neighborhood,and it has to start somewhere. He asked the city to do some research and look at
where the worse areas are regarding public safety and sidewalks and that is where you should start.
Assistant City Manager Zimmerman said that early in this process staff worked with the task force to
look at something like whether or not a specific levy was favorable and this task force has
resoundingly supported a more wholesome look.
Ms. Dick asked Councilor Woodard why he is apprehensive about parks and maintenance,because
they were unaware of that. She said to put a levy before the people,they need to see some results
and see what is progressing during the year and not having to wait an entire year to realize nothing
was done. In order to be transparent,it has to be something tangible so that people can see where
their money is being spent. The group would like to see accountability back to the community that
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voted. She said they need more police officers, sidewalks and better park maintenance in the smaller
neighborhood parks.
Mr. Zimmerman said that in the interest of time,it would be best to pursue individual meetings with
council to get an impression on where they each are.
Mayor Cook thanked the task force for getting together and meeting. He said before assembling
this committee and doing the interviews they did not expect all of the members to come before
council with a unanimous recommendation,especially since many of the people interviewed had
different opinions. He thanked each of them again and asked them to stay involved and continue to
come forward to discuss this.
Councilor Goodhouse agreed and said he is available to speak with them off-line anytime.
Councilor Woodard said if anyone wanted a copy of what he handed out,contact him and he will
send them a copy.
7. LEGISLATIVE PUBLIC HEARNING: TIGARD TRIANGLE LEAN CODE PHASE II
A. Mayor Cook opened the public hearing.
Senior Planner Shanks presented this item and gave a PowerPoint presentation. She discussed
the multiple components to Phase II of the Tigard Triangle Lean Code. She said it is a
combination of three separate actions,the most significant one being the Comprehensive
Plan and zoning map amendment in order to rezone the Tigard Triangle. She explained the
other set of amendments pertain to updating the Transportation System Plan (TSP),and
amendments to the Development Code that relate to the Tigard Triangle Plan District,the
Downtown Tigard Plan District and the Sign Code. Ms. Shanks explained the first
amendment is in regards to rezoning existing and proposed Comprehensive Plan and Zoning
Designations. She said that Landmark Ford had concerns with what the rezone would mean
for their property. She explained staff met with Landmark Ford and they agreed to some
compromised language that would potentially allow Landmark Ford to modestly expand into
the property outlined in yellow on the map. Secondly,Ms. Shanks discussed the TSP
amendments,traffic analysis and various amendments proposed to the TSP text and maps for
consistency with the Lean Code and other city initiatives.
Councilor Woodard recommended adding the word"recreation to page 5.73 of the TSP after
the words "community development"and before the words "economic activity". Council
agreed.
Ms. Shanks said that both the TPR requirements and the TSP rezone,if adopted tonight
would allow the Lean Code to go into effect. Finally,Ms. Shanks talked about various minor
amendments to the Sign Code;new sign standards proposed in the Downtown Triangle,
window signs,A-frame signs and freestanding signs.
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Councilor Woodard asked if A-frame signs are allowed on private property. Ms. Shanks
replied,yes,but currently only temporarily for a maximum of 90-days. She said with the
proposed changes, staff is recommending to allow them year-round on both private property
and in the public right-of-way,though the owner would need to obtain a sign permit and the
city would regulate where the signs would be placed.
Councilor Goodhouse asked if A-frame signs are allowed only during business hours or 24-
hours. Ms. Shanks said they would only be allowed during business hours and would need to
be taken inside during non-business hours and must be secured to something in the right-of-
way.
Ms. Shanks summarized by saying the city coordinated with ODOT and they provided a
letter of support, staff met with the Tigard Downtown Alliance (TDA),the Chamber of
Commerce,Landmark Ford, sent mailings to over 2,000 residents in the Tigard Triangle and
Downtown area,and received public comment from Jim Corliss,Steve DeAngelo and Base
Camp One,LLC. Ms. Shanks said the Planning Commission unanimously recommended
adoption of the proposal.
Council President Snider asked about the non-conforming signs and if this means the sign
and content gets to stay even if the owner of the business changes. That it is just the physical
structure that is non-conforming. Ms. Shanks replied yes;non-conforming does not mean
that the city gets to tell that owner that it has to go away. She said if they maintain it they can
keep the copy and it can remain,but if they want to do more than that,then they would need
to come into conformance.
Ms. Shanks said staff's recommendation is to adopt the proposed amendments by an
emergency ordinance and in addition,adopt the final few amendments that were sent to
council through a memo. She said in working between the two projects there was a lot of
coordination,and these are just a few things that were missed.
Councilor Woodard said the additional provisions for signage are fantastic.
Mayor Cook said he worries about ADA issues concerning A-frame signs. He said
activating the street is important to economic viability,but thinks things need to be out of
the way of sidewalks. He is ok with A-frame signs,but they need to be located off
sidewalks. Ms. Shanks said currently signs are unregulated and this will help regulate them.
C. Mayor Cook called upon those who signed up in favor to testify.There was none.
D. Mayor Cook called upon those who signed up in opposition to testify. There was none.
E. Response to testimony by staff—There were none.
F. Mayor Cook closed the public hearing.
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G. Council Discussion and Consideration: Ordinance No. 17-25
Council President Snider moved to approve Ordinance No. 17-25. Councilor Woodard made a
friendly amendment to the motion to add,as amended with amendments proposed by staff and
amendment to page 5.73 in the TSP, adding the word recreation after community development,
before economic activity and Council President Snider accepted the amendment,and seconded the
motion. Motion passed by a unanimous vote.
Ordinance No. 17-25—AN ORDINANCE ADOPTING A PACKAGE OF
AMENDMENTS SPECIFIC TO THE TIGARD TRIANGLE AND DOWNTOWN
TIGARD,INCLUDING AMENDMENTS TO THE TIGARD TRIANGLE
COMPREHENSIVE PLAN AND ZONING MAP DESIGNATIONS,THE TIGARD
TRANSPORTATION SYSTEM PLAN,AND THE TIGARD MUNICIPAL CODE
TITLE 18 CHAPTER 18.660 (TIGARD TRIANGLE PLAN DISTRICT),CHAPTER
18.650 (TIGARD DOWNTOWN PLAN DISTRICT),AND CHAPTER 18.435 (SIGNS)
TO IMPLEMENT THE DEVELOPMENT OF VISION FOR THE TIGARD
TRIANGLE AND DOWNTOWN TIGARD,A REGIONAL TOWN CENTER,AS
DESCRIBED IN THE COMPREHENSIVE PLAN AND IN FURTHERANCE OF
TIGARD'S WALABILITY GOALS. (Land Use files: CPA2017-00002,ZON2017-00002,
AND DCA2017-00004) DECLARING AN EMERGENCY AS AMENDED WITH
AMENDMENTS PROPOSED BY STAFF AND AMENDMENT TO PAGE 5.73 IN
THE TSP ADDING THE WORD RECREATION AFTER COMMUNITY
DEVELOPMENT AND BEFORE ECONOMIC ACTIVITY
Name Yes No
Councilor Goodhouse
Council President Snider
Councilor Woodard
Councilor Anderson (Absent)
Mayor Cook
8. NON AGENDA ITEMS -There was none.
9. EXECUTIVE SESSION—There was none.
10. ADJOURNMENT
At 9:53 p.m. Councilor Goodhouse moved to adjourn the meeting and Council President Snider
seconded the motion. Motion passed by a unanimous vote.
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Name Yes No
Councilor Goodhouse
Council President Snider
Councilor Woodard
Councilor Anderson (Absent)
Mayor Cook
Kel,;BurgoyrQ,Deputy Ci Recorder
Attest:
John L. C I
k,Mayor
Date: 211 3/a0/82
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