City Council Minutes - 11/12/2019 , City of�Tigard
Tigard City Council Meeting Minutes
November 12, 2019
Q
STUDY SESSION
Council present: Mayor Snider,Youth Councilor Turley,Councilor Anderson, Councilor Lueb,
Council President Goodhouse and Councilor Newton.
Staff present: City Manager Wine,Assistant City Manager Nyland, City Attorney Rihala, Finance and
Information Services Director LaFrance and City Recorder Krager
A. DISCUSS CITY CHARTER"TREASURY" PROVISIONS
Mayor Snider said Tigard's Charter listed"countersigning all orders on the treasury" as a mayoral
duty and he seeks clarification on what this means. City Attorney Rihala said under Oregon law,a
city council is charged with interpreting its own charter. She asked if council wanted to interpret the
meaning of this ambiguous language.
Finance Director LaFrance said the word treasury generally refers to actuals, and actuals cannot
exceed the budget.All debt issuance and banking contracts are currently approved by city council, so
these are essentially being countersigned by the mayor already. If an order on the treasury is
intended to cover these actions, then the City is complying with this Charter provision. If an order
on the treasury is intended to cover banking activities, then the mayor would be required to
countersign all checks,payroll,purchasing card payments and all other banking transfers of money
out of the City. This would be a significant departure from past practice as well as being very time
consuming.
Council asked City Attorney Rihala to bring a resolution to a future meeting. Their interpretation is
that an "order"is something like an "authorization," and the "treasury"is something like the
"budget." Mayor Snider encouraged Council to read the Charter and look for other items to
consider changing. City Manager Wine said there could be a Charter update committee empaneled
to look at potential amendments and noted that Tigard Charter changes must be voted on by
citizens.
B. COUNCIL LIAISON REPORTS
Councilor Newton reported that the TYAC is scheduling a conversation with Representative
Dohertyin January. They are developing a youth mental health survey as they feel teens are
experiencing a lot of issues, especially stress. She noted that the TYAC cooked dinner at the Good
Neighbor Center and brought Halloween candy.
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Council President Goodhouse reported on the Lake Oswego-Tigard Water Partnership and said
"next step" discussions will be facilitated. He said the National League of Cities Transportation
Infrastructure Committee discussed costs such as bigger stripes on roadways, and new signage that
would be made necessary by autonomous vehicles sharing the roads.
Councilor Anderson said Planning Commission interviews will be held for one open spot. SERA
Architects was the firm chosen for the senior center housing. SERA has experience designing
affordable senior housing.
Councilor Lueb mentioned that she and Council President Goodhouse participated in Budget
Committee interviews—eight people applied for two spots. She said the Water Advisory Board is
seeking people to serve on their board.
Mayor Snider reported on the SW Corridor Steering Committee meeting held on November 4,
where the following recommendations were made:
We are going to Bridgeport (or bust).
Barbur Boulevard lane reduction is off the table.
The funding gap will be filled.
The MOS (Minimal Operable Segment) south of Downtown Tigard is Bonita Road or
Upper Boones Ferry Road
The November 18 Steering Committee meeting is postponed.
Administrative Items—City Manager Wine said two citizens sent correspondence asking for
reconsideration on allowing short-term rentals in Tigard. She asked Council if they wanted
Community Development Department staff to bring this forward for discussion. Council consensus
was to place this on the schedule for a future meeting.
City Manager Wine announced that the November 19 meeting is an executive session only. Council
President Goodhouse said he will be out of town. Councilor Newton asked about council outreach
on the next fifth Tuesday Qanuary). She suggested doing something at the library (Cocoa&Cookies
with the Council). Council President Goodhouse suggested holding a council outreach at a Muslim
Educational Trust building dinner. Councilor Lueb said her preference was to target the Tigard
community regarding the levy at this time. Assistant City Manager Nyland said she will start a list of
council opportunities for levy outreach.
1. BUSINESS MEETING
A. At 7:31 p.m. Mayor Snider called the Tigard City Council and Town Center Development
Agency meeting to order.
B. City Recorder Krager called the roll.
Present Absent
Councilor Anderson ✓
Mayor Snider ✓
Youth Councilor Turley ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
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C. Mayor Snider asked everyone to stand and join him in the Pledge of Allegiance.
D. Call to Council and Staff for Non-Agenda Items—None.
lJ
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—None.
B. Tigard High School Envoy Sarah Gentry gave a report on Tigard High activities. There is a
new Spirit App which is an online platform for students to receive points based on events
they attend. Club Rush and a Welcome Back assembly were among many back to school
events.A Veterans Day Breakfast and Assembly were held. The THS marching band won
the state championship. Mayor Snider gave THS Envoy Gentry a City of Tigard pin.
Councilor Newton suggested the marching band be acknowledged. She noted that there was
a long tradition of Council honoring clubs and other groups winning State awards,not just
for the sports teams. City Manager Wine said it would be arranged for an upcoming meeting.
C. Update from Police Chief McAlpine—The Chief noted that societal crimes were up from
last year. Trespass notices have been posted at homeless camps. Officers were dispatched
when a man collapsed while mowing a lawn. Two officers applied CPR and deployed an
AED and the victim was revived. The"Seconds Matter"video was released. She will be
tracking monthly how many times the Police Department is operating on minimum staffing.
Chief McAlpine reported that ODOT has approved the City's plans and the photo
enforcement pre-construction meeting is tomorrow. Highway 99W and Hall Boulevard
photo enforcement will be installed in December with a 30-day warning period beginning
then. Councilor Newton commented on the new police video and said it was good. She
appreciated having Officer Mace with her at the Coffee with a Cop event because her social
work background was helpful when responding to citizen questions.
D. Tigard Area Chamber of Commerce—Community&Membership Engagement Manager
Love gave an update on Tigard Chamber of Commerce events and activities. Leadership
Tigard met today and learned about Tigard's history, culture and diversity. CEO Mollahan's
ten-year anniversary event will be from 5-7 p.m. on Monday, December 18 at Broadway
Rose Theater. She gave an end-of-year Farmers Market update:There were 11,000 patrons
during the season, 55 vendors, 120 participating in the Market Sprouts Kids Club and$2,740
distributed in SNAP (Supplemental Nutrition Assistance Program) Match dollars.
E. Citizen Communication— None.
3. CONSENT AGENDA (Tigard City Council)
A. RECEIVE AND FILE:
1. Council Calendar
2. Tentative Agenda
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B. APPROVE CITY COUNCIL MINUTES
• August 13, 2019
• September 10, 2019
C. PROCLAIM SMALL BUSINESS SATURDAY
Council President Goodhouse moved for approval of the Consent Agenda and Councilor Lueb
seconded the motion. Mayor Snider conducted a vote and the Consent Agenda was approved.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
4. JOINT MEETING WITH TIGARD TRANSPORTATION ADVISORY COMMITTEE (TTAC)
Senior Transportation Planner Roth said the TTAC represents a diverse cross-section of the
community and advises staff on a broad range of transportation issues. He introduced the members:
George Brandt,Elise Shearer,Richard Keast, Chair Kevin Watkins,Candi Cornils,Lindsey Wise and
Ruth Harshfield. He recognized members that were not present: Carine Arendes, Carl Fisher,
Benjamin Gooley,Lonnie Martinez and Joseph Vasicek. He commented on the contributions made
by three members whose terms expire in 2019: Elise Shearer,Kevin Watkins and Joseph Vasicek.
Senior Transportation Planner Roth commended the excellent leadership provided by this
committee. Mayor Snider thanked them all for their service remarked that serving the community
the way TTAC members do is one of ways that make our democracy work.
TTAC Chair Watkins noted that their meetings are public and they welcome citizen comment. He
said they accomplished a lot this year. He expressed appreciation to Engineering Project Manager
Enloe,Administrative Specialist Patton and Senior Transportation Planner Roth.
TTAC Chair Watkins said the TTAC spent a lot of time on the Complete Streets policy, a multi-
modal transportation system recommendation that the Council approved on May 19. They reached
consensus on the Transportation CIP recommendations forwarded to Council. He showed a slide
of their planning calendar which tracked what they did. He described the CIP framework and
prioritization categories. Twenty-four CIP transportation projects had to be prioritized. All would
bring value to the city but they had to prioritize them. He described priority 1, 2 and 3
requirements. He listed the six projects that are Priority 1 recommendations. The first two will help
with transit on the east/west axis.
Walnut street Complete Streets
North Dakota Street Sidewalks
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12151 Avenue (Walnut to North Dakota)
Bull Mountain Road pedestrian crossing (at Alberta Rider Elementary School)
Fanno Creek Trail Completion
72nd Avenue Improvements
A look-ahead for 2020 includes the integration of the Bike/Pedestrian Subcommittee into TTAC,
Complete Streets policy implementation and an update of the Transportation System Plan.They are
planning a Testimony 101 training in April.
TTAC Member Shearer said when prioritizing the CIP transportation projects, they considered
safety, Safe Routes to School,making sure all modes of travel were addressed including freight
movement, and that funding was equally distributed around the City.
TTAC Alternate Member Keast noted that he walks through Tigard a lot and sees areas needing
safety improvements. Other recommendations from TTAC members were to focus on soft trails,
bus route enhancements,maintaining advocacy with TriMet and support for Complete Streets.
TTAC will support Council by providing input on the SW Corridor. TTAC Member Watkins said
having a Council liaison on TTAC helps lend legitimacy to the committee.
Councilor Newton acknowledged the TTAC for their work and thoughtful CIP recommendations
for Priority 1 projects that took more than just vehicles into consideration. She noted the time and
effort required to winnow through the projects. Council President Goodhouse noted that TTAC
walked or drove all the different areas to inform their CIP prioritization decisions.
Councilor Anderson asked about the potential for the TTAC to look at changes to speed limits.
Senior Transportation Planner Roth said this is underway and staff is looking at speed zones by
functional class.
TTAC Chair Watkins said there have been dramatic changes in Tigard,which is now an urban hub.
He said they need to be conscious of Tigard's limited transportation system and make some tough
decisions. There are challenges to our community as Tigard continues to grow.
5. CONSIDER RESOLUTION TRANSFERRING THE FRONTIER COMMUNICATION
CABLE FRANCHISE AGREEMENT TO NW FIBER, LLC
IT Network Administrator Sears introduced this item and noted that Councilor Newton is Tigard's
Council liaison to the Metropolitan Area Communications Commission. Thaddeus Girard,MACC
Administrator and Frontier Representative Jessica Epley were present to answer any questions.
Frontier is requesting approval from each jurisdictional member of MACC to transfer the cable
franchise from Frontier Communications to NW Fiber,LLC. The staff recommendation is to
approve the resolution.
Council President Goodhouse moved to approve Resolution No. 19-40 and Councilor Anderson
seconded the motion. Councilor Newton commented that a robust discussion was held at the
October 1 MACC meeting and the minutes were included in the agenda item summary. She said she
supported consenting to the transfer. City Recorder Krager read the number and title of the
resolution.
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Resolution No. 19-40—A RESOLUTION CONSENTING TO THE TRANSFER
OF CONTROL OF THE FRANCHISEE AND OF THE CABLE FRANCHISE
GRANTED TO FRONTIER COMMUNICATIONS CORPORATION TO NW
FIBER,LLC,WITH CONDITIONS
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Mayor Snider conducted a vote and announced that Resolution 19-40 was adopted unanimously.
6. PUBLIC HEARING: CONSIDER RESOLUTION ON AMENDING THE MASTER FEES
AND CHARGES SCHEDULE FOR THE SPECIAL EVENTS FEE
A. Mayor Snider opened the public hearing.
B. Mayor Snider announced that anyone may offer testimony.There was a sign-up sheet at the
front of the room.
C. City Attorney Rihala gave the staff report. In July 2019,the City Council approved
amendments to the special event permit process in the code. Staff knew there would be
learning experiences and this amendment is the first one. When the fees were adopted the
Public Works fee amount was used because their staff are now handling the special events
process. Staff later realized that fee was larger than what was being charged by police for
events such as block parties. Fees are based on the number of attendees and the duration
of the event so for community events, specifically looking at Trick or Treat Main Street,it is
expensive. It does not make sense to charge large fees for community events the City
encourages through awarding Community Event Grants each year. Staff recommends a flat
$50 fee for processing special event applications for which a City grant was given.
Additional changes authorize a refundable deposit allowing Public Works or Police
Departments to recover up to their actual costs of supporting a special event, such as for
traffic control or security, and a change fee to help recover staff costs for processing date
changes. The smaller event fee has been split to include a lower tier fee to accommodate
block parties and events of fewer than 25 people.
City Attorney Rihala requested a second motion to refund to Tigard Downtown Alliance
the difference between the approved fee and what they paid for the Trick or Treat Main
Street event.
City Attorney Rihala clarified for Councilor Newton that Shelter No. 2 listed in the fees and
charges schedule is the large shelter at Cook Park and"other" shelters are the rest of the
park shelters. Council President Goodhouse asked if the proposed$50 event fee was for
the duration of an event or each day if it goes more than one day, as the Balloon Festival
does. City Attorney Rihala said it was a $50 application fee and those events are the Street
Fair,Trick or Treat Main Street,Tree Lighting,Art Walk, Balloon Festival, Fourth of July
and Farmers Market. He asked if there was a reason to charge an application fee or should
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it be zero. City Attorney Rihala said there is a cost associated with review by both Public
Works and Police, especially when there is a street closure. It is a minimal amount and does
not cover all the processing costs. Council President Goodhouse asked what the amount
paid by Trick or Treat Main Street was and City Attorney Rihala said they paid $475 based
on the previously approved ordinance.
D. Public Testimony—Mayor Snider called upon those who signed up to testify.
Jessica Love, 8527 SW Avon Street,Tigard, OR 97224, said she would greatly appreciate
Council's approval of this amendment. She has filed many applications for city event
permits in downtown Tigard for events such as the Street Fair,Trick or Treat Tigard,Tree
Lighting and Farmers Market. She gave an example of what the current fee structure would
cost. The Farmers Market would be close to $5,000 and it cannot take on that expense.
The money would have to be found elsewhere,and how the market is funded now is
through vendor space fees and grants, etc. She said these events are valuable to our
community and she would appreciate Council consideration of the amendment.
E. Response to testimony by staff. None
F. Mayor Snider closed the public hearing.
G. Council Discussion and Consideration: Resolution No. 19-41
Councilor Lueb said she thought the City Attorney was correct in identifying these as unintended
circumstances of the changes made. She supported making the refund retroactive in this case,
especially after attending Trick or Treat Main Street and seeing how many excited Tigard residents
were there for the event. Council President Goodhouse moved to approve Resolution No. 19-41.
Councilor Newton seconded the motion. City Recorder Krager read the number and title.
Resolution No. 19-41 —A RESOLUTION AMENDING THE MASTER FEES AND
CHARGES SCHEDULE FOR SPECIAL EVENT PERMITS
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Council President Goodhouse moved to refund to the Tigard Downtown Alliance the difference
between the application fee they paid for Trick or Treat Main Street and the amended fee. Councilor
Lueb seconded the motion. Mayor Snider conducted a vote and the motion passed unanimously.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
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Mayor Snider convened the Town Center Development Agency for the next two items.
7. TOWN CENTER DEVELOPMENT AGENCY: CONSIDER 90-DAY EXTENSION FOR
DEVELOPMENT AND DISPOSITION AGREEMENT
Redevelopment Project Manager Farrelly gave the staff report. He said the TCDA Board is being
asked to approve the second 90-day extension to the development and disposition agreement
(DDA)with AVA Tigard Development,LLC. He gave some background on the project. In May
2015 the Board authorized execution of a DDA with AVA Tigard Development, LLC to build a
mixed-use project on the agency-owned property on Main Siireet. The DDA spells out
responsibilities and details of conditions that had to be met before the Agency would sell the
property to the developers. The effective date of the DDA was August 16, 2018. It provided for
two parties to extend the closing date beyond August 18,2019. Due to a request from AVA for
more time for refining their development plans, the TCDA authorized the First Amendment,which
gave AVA a 90-day extension of the closing date to November 14, 2019. Seven milestones were due
and if met, the TCDA would consider a second amendment if those milestones were met.
Mr. Farrelly discussed the status of each of the seven milestones. He noted that Milestone d,which
was to receive a BOLI determination pursuant to DDA Section 6.6.2(8),has not been completed.
AVA submitted a letter with supporting information to the Oregon Board of Labor and Industries
(BOLI) on September 26, 2019 but has not received a determination. Staff finds that AVA has
made a good faith effort to meet this requirement. Milestone f was met today as AVA's attorney
confirmed that they are satisfied with the property. Milestone g was met on November 7 when the
developer received preliminary Vertical Housing Development Zone approval.
If the TCDA approves the second 90-day extension,AVA will have until February 12, 2020 to
complete the remaining milestones: final land use approval,completion of the construction plan,
approval of permits and completion of final financing plan. Staff recommends approval of the
second 90-day extension to the Development and Disposition Agreement.
Director Anderson moved for approval of the 90-day extension of the Development and
Disposition Agreement. Director Newton seconded the motion. Chair Snider conducted a vote and
the motion passed unanimously.
Yes No
Director Anderson ✓
Chair Snider ✓
Director Goodhouse ✓
Director Newton ✓
Director Lueb ✓
8. TOWN CENTER DEVELOPMENT AGENCY: CONSIDER RESOLUTION AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE TCDA TO COMPLETE THE ACQUISITION OF
AN EASEMENT ON LAND ADJACENT TO 12562 SW MAIN STREET
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Redevelopment Project Manager Farrelly presented this item on the acquisition of land adjacent to
12562 SW Main Street related to the Fanno Creek Overlook project. This project is for public space
for an overlook to the creek and a resting place along the Fanno Creek Trail and an attractive
amenity for downtown residents and visitors. The TCDA Board is requested to authorize the
Executive Director of the TCDA to sign an Agreement to Convey easement. Once properties are
acquired, design and engineering for the driveway expansion and trail/public space projects will
begin.
TCDA Director Lueb moved to approve TCDA Resolution No. 19-09. TCDA Director Goodhouse
seconded the motion. City Recorder Krager read the number and title of the resolution.
TCDA Resolution No. 19-09—A RESOLUTION APPROVING AN
AGREEMENT TO CONVEY AN EASEMENT ON LAND ADJACENT TO
12562 SW MAIN STREET AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE TOWN CENTER DEVELOPMENT AGENCY TO
TAKE ALL NECESSARY ACTIONS TO COMPLETE THE AGREEMENT ON
BEHALF OF THE AGENCY
TCDA Chair Snider conducted a vote and the motion passed unanimously.
Yes No
Director Anderson ✓
Chair Snider ✓
Director Goodhouse ✓
Director Newton ✓
Director Lueb ✓
Chair Snider reconvened the City Council for the next agenda item.
9. REVIEW LOCAL OPTION LEVY COST ASSUMPTIONS
Finance and Information Services Director LaFrance and City Manager Wine led a discussion
continued from the November 5 Council meeting on the proposed levy rate,cost and service
assumptions. City Manager Wine said staff is seeking additional direction on ballot title language
and costing. The service need is an additional officer for each patrol shift, specially trained officers
to address homelessness issues in Tigard, de-escalation training for all sworn officers and
pedestrian/bike safety improvements near schools. The initial costing process from the April 23,
2019 Council meeting was .46 cents per thousand and the cost for a typical home was $125. The
total increase in the property tax bill would be less than 3%. At Council's request the staff has
revised costs taking a detailed,targeted,incremental approach,based on estimated actuals.
City Manager Wine said support costs were included because it allows officers to focus on police
work,reducing time and risk associated with work created through police work and support
services address essential needs. She said if this is not added all officers would have a lower level of
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support. There is 3 FTE for property and evidence. Most of the records are generated by patrol
officers. This is consistent with the current ratio of sworn to non-sworn staff. There is also .50
FTE (limited duration) in HR to expedite police officer recruitment, .2 FTE for design and
communication work for levy communication prior and throughout the life of the levy and an
increase in helpdesk contract for additional staff(1.5 FTE). The Police Department has the most
technology systems and this FTE would provide support for all sworn officers.
Finance and Information Services Director LaFrance described the revised costing for 10 officers.
It had included overtime and 6.25 percent incentive pay, ongoing materials and services including
fuel,vehicle maintenance,equipment allowance and training. One-time costs such as vehicles and
computers would be paid for by savings, shaving off one cent from the tax per thousand.
He showed a slide of levy savings factors detailing how .46 cents was reduced to .36 cents.
• Less conservative growth rate assumption = $0.01
• Paying one-time costs from salary savings during recruitment= $0.01
• Detailed costing focusing on variable costs and removing fixed costs = $0.08
Cost to a typical home with an assessed value of$280,040 would be$101 annually. He asked
Council for direction and said a second poll could focus on rate alternatives. He said while a less
expensive levy without support costs might pass more easily, the challenge is that the level of
support would be at a lower level.
Mayor Snider said it was impossible to argue that there are no economies of scale. He said it takes
no more time to negotiate a union agreement for 89 officers than it would for 69, for example.
Chief McAlpine said she appreciated the work Finance Director LaFrance and Police Business
Manager Shaw did to put together the various support costs. She added that the most urgent need
is to get the response time minutes down and to get help addressing the homeless impacts.
Council President Goodhouse said he is in favor of direct costs, de-escalation training, and
removing Safe Routes to Schools from the levy to reduce the cost to 33 cents.
Councilor Lueb noted that she cannot support in good faith something that doesn't include
support staff to help make the officers successful. She said without it the department is being set
up for future failure. The police data analysis was requested by Council and it needs to be funded.
She said it was hurtful, but she recommends removing the SRTS and going with 33 cents.
Councilor Anderson said he supports the direct costs, 33 cents and removal of SRTS.
Councilor Newton asked if there wasn't a concern that we are shaving support for the Police
Department in the future. She said she would like to see SRTS funded but it can be confusing to
people. She said she was willing to raise the cost a little higher to get reasonable support for the
officers. She asked Chief McAlpine if she was comfortable and when she indicated yes, Councilor
Newton said she could agree to 33 cents.
Mayor Snider asked about putting the words "direct costs" and"data informed policing support" in
the ballot caption. City Attorney Rihala said the limited word count would not allow enough to add
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the wording about support staff. She said the .20 FTE HR cost does not have to be listed but
could be acknowledged in the title.
Both Mayor Snider and Councilor Anderson said 29 cents sounded better than 30 cents. Council
President Goodhouse said he would prefer to see it at 29 cents but was willing to go with 33 cents.
Council President Goodhouse asked if PERS and police union contract negotiations were factored
into the calculations and Finance Director LaFrance said they were,with caveats about a recession
and PERS increases.
Councilor Newton said people at a coffee event she attended shifted their opinions when they
heard the funding would be dedicated. She said they also asked what the officers would prefer and
noted that de-escalation was deemed important.
City Manager Wine said she will contact DHM about polling for the first week in December.
Council suggestions were to shorten the number of questions in the survey,include questions about
sensitivity to lower costs, ask whether they attended any levy outreach events,and test the
messaging about dedicated funding. Council President Goodhouse emphasized he wants to keep
the May 2020 election date.
10. NON-AGENDA ITEMS There were none.
11. EXECUTIVE SESSION None held.
12. ADJOURNMENT
At 9:34 p.m. Councilor Lueb motioned for adjournment. Councilor Anderson seconded the
motion. Mayor Snider conducted a vote and the motion passed unanimously.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
-L JZOA -
Carol A. Krager, City Recorder
Attest:
Jason B. Snider,Mayor
Date
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