City Council Minutes - 05/12/2020 City of Tigard
Tigard City Council Meeting Minutes
. . , May 12, 2020
1. BUSINESS MEETING
A. At 7:30 p.m. Mayor Snider called the City Council and Town Center Development Agency
meeting to order.
B. Deputy Recorder Patton called the roll.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Youth Councilor Turley ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
C. Mayor Snider asked everyone to join him in the Pledge of Allegiance.
D. Call to Council and Staff for Non-Agenda Items—None.
2. PUBLIC COMMENT
A. Follow-up to Previous Public Comment
City Manager Wine commented that two neighborhoods have petitioned the City and copied
the Council with concerns about traffic issues in their area,including the Annand Heights
and Ascension Drive. She said that each neighborhood and street have unique challenges
that impact their use. Senior Engineer Tegan Enloe will be reaching out to residents in both
neighborhoods to let them know how the decisions were made and will engage them in a
conversation about how the City can respond to their complaints.
B. Tigard High School Student Envoy—
Sarah Gentry provided a brief report to Council regarding recent happenings at Tigard High
School since the school facilities were shutdown due to COVID-19.There are alternative
celebrations planned for graduation, as well as the first-ever virtual spirit days. She said she
loved being the THS envoy and is excited to introduce her replacement, Caroline Frisiras.
Caroline Frisiras introduced herself and said was excited to serve as the THS envoy. She said
that she participates in the Tigerettes dance team and is part of the National Honors Society
and Amnesty International at Tigard High. She told Council looks forward to working with
them all in the coming year.
The Mayor pulled Agenda Item 4.13. off the Consent Agenda in order to acknowledge Sarah
Gentry for her service to the City of Tigard as the past year's Tigard High School student
envoy. He read the entire resolution aloud.
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Councilor Lueb thanked Sarah Gentry for her service and made a motion to approve
Resolution 20-23. Councilor Newton seconded. Mayor Snider asked the Deputy City
Recorder to read the number and title of the resolution.
Resolution No. 20-23—A RESOLUTION ACKNOWLEDGING AND COMMENDING
SARAH GENTRY FOR HER SERVICE AS TIGARD HIGH SCHOOL STUDENT
ENVOY TO THE CITY OF TIGARD
Mayor Snider asked the Deputy City Recorder to conduct a roll call vote.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
The motion passed unanimously. Mayor Snider asked where Sarah would be attending
college and she said she would attend the Honors College at University of Oregon.
C. Update from Police Chief McAlpine—
Chief McAlpine presented the Police Strategic Dashboard to Council. She said that while
property crime is down 25 percent, media attention has highlighted the fact that commercial
burglaries are up 120 percent. Chief McAlpine said these burglaries are typically committed
by repeat offenders and now that the Washington County jail is accepting new inmates for
all felonies,it should help reduce this statistic.
She said that the Police Department has been actively engaged in the community and local
events,including processions and celebrations for community members and pets alike. She
said the Tigard Police bedtime story program has been successful and they've have been
operating with plenty of staff now that all hands are on deck. Countywide, she reported
trespass is up 90 percent with traffic accidents down 70 percent.
Councilor Newton asked if the S.R.O.'s (School Resource Officers) are currently serving on
patrol and Chief McAlpine confirmed.
Council President Goodhouse asked what the public can do to be more vigilant or safe
during this time. Chief McAlpine said that they have tried to communicate with the
businesses. She said the more eyes and ears we have out there, the better. Be aware of
businesses that are closed and help them out by keeping an eye on the property and giving
the police a call if something looks out of place.
D. Tigard Area Chamber of Commerce
Community and Member Engagement Director Love said she was excited to see Council
again. She said the Chamber has been as busy as they've ever been. Leadership Tigard has
gone digital with virtual trainings and tours. The Chamber is partnered with the City and
County to conduct webinars for local businesses able to reopen.
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She said they have been an information hub for local businesses, being a listening ear and
sending out information on assistance programs via email. They continue to host panels that
are available on the Chamber's website,YouTube channel and Facebook page.
Networking events have transitioned to fully digital and they've maintained their
participation numbers in the new format. She encouraged the public to view their events
calendar and get engaged.
Tigard Farmers Market is planning to open Sunday,May 31 st.They are working on a vendor
customer and staff safety plan that will be released later this week. They are adding in the
opportunity to order items online through the "What's Good" app.
The Tigard Downtown Alliance Artwalk has been moved to the end of July. She said they
are trying to draw folks to downtown without creating a large gathering. To this end, there
will be no Street Fair this year. Tigard Drinks for Good will be returning in a digital format,
on Friday,May 22nd.
Mayor Snider thanked her for the thorough report and the Chamber for supporting our local
businesses. Ms. Love said they really appreciate the partnership with the City.
Council President Goodhouse said he likes the Chamber's frequent email communications
with local businesses. Heidi Lueb commended Ms. Love on how quickly the Chamber was
able to adapt to the new digital environment and said she thought they had been doing a
very good job.
E. Public Comment—There was none.
3. CONSENT AGENDA (Tigard City Council):
Mayor Snider said that the Consent Agenda is used for routine items such as approval of
minutes, receipt of council meeting calendars,proclamations, appointments to boards and
committees and approval of contracts or intergovernmental agreements with partner agencies.
Approval may be enacted in one motion without separate discussion. Anyone may request that
an item be removed by motion for discussion and separate action.
A. APPROVE CITY COUNCIL MINUTES:
• February 4, 2020
• February 11, 2020
• February 18, 2020
• February 25, 2020
• March 3, 2020
• March 17, 2020
B. GO-NSIDER RESOLUTION 4!'TINOyTi L'T 04C AND CONTTifL'NTIING S 4 D 14
GENTRY FOR 14ER SER-NgGH ASTIGARD 14IG14 SCHOOL STUDENT ENVOY
T14H G14A' 'OF TIGAR R [Considered under Agenda Item 3.B.]
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Councilor Anderson made a motion to approve the Consent Agenda. Council President
Goodhouse seconded. Mayor Snider asked the Deputy City Recorder to conduct a roll call
vote.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
The motion passed unanimously.
Mayor Snider announced that Council would convene as the Town Center Development Agency Board
for the next agenda item.
4. CONSIDER APPROVAL OF THE THIRD AMENDMENT TO THE DEVELOPMENT
AND DISPOSITION AGREEMENT WITH AVA DEVELOPMENT,LLC
Redevelopment Project Manager Farrelly explained staff are requesting Board action to approve
Amendment #3 to the Development and Disposition Agreement with AVA Development,
LLC. The agreement is for AVA to purchase 2 agency-owned properties in downtown Tigard
and construct a 4-story building.
The only outstanding item is the documentation for a final financing plan. Project Manager
Farrelly said that COVID-19 has created a lot of uncertainty in financing commercial
development. AVA Development is requesting a 6-month extension to finalize financing for the
project. Staff recommend approval of the third amendment. Project Manager Farrelly introduced
guests Amy Saberiyan and Homayoon Haddad from AVA Tigard Development.
Chair Snider asked if Ms. Saberiyan if she had anything to add before the Council asked
questions. Ms. Saberiyan said that it is a challenging time for everyone, especially financially.
They have been in touch with one of their prospective financiers,but they are not considering
any additional financing currently. She said they would love to get the extension.
Director Goodhouse said he had no questions and that he understood need for an extension.
Director Lueb said that she is in support under the circumstances and had no questions.
Director Newton said that she appreciates that this is a challenging time and progress has been
made.
Director Anderson clarified that the extension was until November 2020. He asked if it could
start earlier if the funding was secured at an earlier date. Project Manager Farrelly confirmed that
November 12,2020 was a deadline and action can take place in advance of that date. Youth
Councilor Turley had no questions.
Director Anderson made a motion to approve the Third Amendment to the Development and
Disposition Agreement with AVA Tigard Development,LLC. Director Lueb seconded. Chair
Snider asked the Deputy City Recorder to conduct a roll call vote.
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Yes No
Director Anderson ✓
Chair Snider ✓
Director Goodhouse ✓
Director Newton ✓
Director Lueb ✓
The motion passed unanimously.
Mayor Snider announced that the City Council will reconvene for the remainder of the meeting.
5. QUASI-JUDICIAL PUBLIC HEARING:APPEAL OF THE ART RUTKIN
ELEMENTARY SCHOOL CONDITIONAL USE PERMIT
Associate Planner Bilodeau introduced the continuation of the appeal of the Art Rutkin
Elementary School Conditional Use Permit. The goal tonight is for Council to deliberate and
reach a tentative decision. She explained that staff are available to answer questions,but because
the public record is now closed,no new facts or evidence may be presented.
City Attorney Rihala responded to the final written argument from the applicant. She explained
that the only issue raised by the appellant is only a matter of clarification. She said that the
appeal refers to compliance with the sanitary sewer service only.
Assistant Planner Bilodeau said the Conditional Use Permit (CUP) meets the Tigard Community
Development Code. Therefore, staff recommend denying the appeal and upholding the approval
of the CUP by the Hearings Officer. Once Council reaches a tentative decision, they will prepare
findings for adoption at next week's Council meeting.
Mayor Snider asked for Council deliberations. He said that if the Council should step outside the
record, staff should let them know.
Councilor Lueb asked if the appeal was successful,removing lots 1 and 2,how would that affect
the plans for the site?Assistant Community Development Director McGuire said if the appeal is
upheld, the CUP decision is conditioned so that no permits would be issued until the final
partition plat is recorded. Then the District could try again with a different partition plan or
move forward with the site as a single lot.
Councilor Lueb asked if there had been any other instance in which a utility line was constructed
across a lot not set to be developed. Assistant Community Development Director McGuire said
that he does not recall another scenario in which these were the circumstances.
Councilor Anderson said he agreed with staff and that he appreciated their summary. He said
everyone wants services closer to their lot,but it was a good decision. He had no further
questions.
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Councilor Newton said she had similar concerns to Councilor Lueb. She said she is curious to
see what happens if the Court of Appeals rules differently. Under the current circumstances, she
thinks it is appropriate to deny the appeal.
Council President Goodhouse had no additional questions.
Mayor Snider asked staff to explain their perspective. Several issues have been raised by the
adjacent property owner and he would like to know why staff don't think any of them are
important. He asked if City Attorney Rihala could weigh in. City Attorney Rihala deferred to
Assistant Community Development Director McGuire.
Mr. McGuire said that they are treating the site as two lots, since its partition has been
completed through the City's process.Therefore, they only apply the criteria that regulates
utilities on the lot planned for development (Lot#1). One requirement is that sanitary sewer
must be supplied to and through the lot to be developed.
Mayor Snider clarified that that requirement has been met with the plans as proposed and Mr.
McGuire confirmed. He said the sloping of the lot required the sanitary sewer be in a certain
area to be gravity-fed. Mayor Snider clarified the development of the stormwater facility on the
adjacent lot does not trigger the requirements of a project on Lot#2 and Mr. McGuire
confirmed. Mayor Snider said he had no further questions.
He asked if the Council needed to take a vote and City Attorney Rihala confirmed they should
vote on a tentative decision so that staff may prepare findings to bring back next week.
Mayor Snider asked if there were alternative conditions suggested by the adjacent property
owner and if staff thought any were appropriate to include in the final conditions. Assistant
Director McGuire said no, none of the neighbors' suggestions were employed since none were
required by the Tigard Development Code. He explained that these items were brought up
before the Hearings Officer and they did not deem it required. Mayor Snider said that he had
concluded he supports the tentative denial of the appeal.
Councilor Anderson made a motion to tentatively deny the appeal by Kevin and Gillian Dressel
of CUP2019-00001/ SLR2019-00003/ADJ2019-00008-00009 and direct staff to prepare
findings for adoption by Council on May 19th. Council President Goodhouse seconded. Mayor
Snider asked the Deputy City Recorder to conduct a roll call vote.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
The motion passed unanimously. He said this would come back before Council with final
findings in the next week. City Attorney Rihala confirmed that would be the conclusion of this
hearing.
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6. CONSIDERATION OF A RESOLUTION TO APPROVE UTILITY FEE CREDITS
Finance and Information Services Director Toby LaFrance presented this item to Council. He
explained that the resolution tonight would enable additional utility billing assistance programs.
Director LaFrance reviewed all of Council's COVID-related actions to date. He said that Tigard
currently offers a low-income assistance program contracted through St. Vincent DePaul. They
use Housing and Urban Development (HUD) standards to determine eligibility.
Director LaFrance said that staff are proposing the City run an expanded utility assistance
program administered by St. Vincent DePaul.The program would remove limits on number and
amount of payments allowed,providing greater access to relief for those residents who are
eligible.
This expansion is possible with up to $750,000 in utility funds. Director LaFrance said that
further assistance would increase the risk of impacting the City's bond rating and ability to meet
bond covenants. Staff would wait to increase the program's expenditures until a mid-year
analysis could be completed.
The other utility assistance program would credit all utility customers $40. This represents the
average base fees charged to the typical household in Tigard. He explained that will help make
administering the program less burdensome for staff.
Relief would be offered to households with residents experiencing unemployment and available
to any household that receives a bill from the City. Businesses that have been forced to close or
otherwise adversely affected by the COVID pandemic will be eligible for a$40 credit. This too is
available to any business that received a bill from the City. Director LaFrance explained further
details related to administration of these programs.
In conclusion,Director LaFrance relayed the communications plan for implementing these
programs. Staff plan to promote the program on the website and social media,in addition to
reaching out to partner utility providers. All water customers will also receive relief program
information in the KnowH2O publication that is included with utility bills.
Council Discussion and Consideration: Resolution No. 20-24
Youth Councilor Turley thanked Director LaFrance and said she appreciated all the extra time
staff had been putting into developing these programs.
Council President Goodhouse echoed the sentiment, thanking staff for their hard work and
including businesses in their new proposal. He asked if the credit could by limited to only
residents of the City of Tigard, since the City utilities also serve areas not incorporated into the
City. Director LaFrance explained that the City's intergovernmental agreements with partner
agencies would prevent them from treating those customers any different than Tigard residents.
Mayor Snider confirmed that from an equity standpoint that would be unacceptable.
Councilor Lueb recused herself for having a conflict of interest on this item. Councilor Newton
thanked staff for their responsiveness to Council in creating this relief program quickly.
Councilor Anderson had no questions.
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Mayor Snider echoed appreciation for staff that have worked to develop these programs. He
said he would like to communicate information about these programs to the local social service
agencies that serve the local community as well as neighboring cities.
Mayor Snider clarified that both households and business customers will both be eligible for a
$40 credit. Director LaFrance explained that in the interest of making the program last as long as
possible, they had decided to limit relief to $40 for both categories of customers. He added that
they could always adjust the amount as the Council desired.
Council President Goodhouse asked if each business would be eligible for a credit or would it be
only the landlord. Director LaFrance explained that the relief is provided per customer.
Businesses that are sublet may not be eligible if they are not a customer of the City of Tigard.
Council President Goodhouse made a motion to approve Resolution 20-24. Councilor
Anderson seconded. Mayor Snider asked the Deputy City Recorder to read the number and title
of the resolution.
Resolution No. 20-24—A RESOLUTION APPROVING A MONTHLY UTILITY CREDIT
FOR UNEMPLOYED RESIDENTIAL CUSTOMERS OF TIGARD UTILITIES
Mayor Snider asked the Deputy City Recorder to conduct a roll call vote.
Yes No Abstain
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
The motion was passed with 4 yes votes and one abstention.
7. CONSIDERATION OF A RESOLUTION TO WAIVE ALARM PERMIT FEES
City Manager Wine presented this item to Council,who had requested staff look into waiving
certain late fees. She explained that only two fees on the City's Master Fees and Charges
schedule accrue late fees: alarm permit and business license fees. Therefore, one option for
Council is to defer or waive certain fees associated with the alarm permit program.
Staff have brought a resolution that would defer the due date for fees associated with the initial
permit fee,waiver of late fees and to suspend permit revocations through December 31, 2020.
The program is designed to ensure the public to continue to maintain and report their alarm
systems to the Tigard Police to reduce false alarms.
Tigard Municipal Code (TMC) in Chapter 11.08 requires users have an alarm permit and this
resolution would not remove that requirement and permit program enforcement would
continue. Repeated violations of the TMC would continue to accrue fees.
Council Discussion and Consideration: Resolution No. 20-25
Councilor Anderson and Councilor Lueb had no questions on the proposal.
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Councilor Newton said she thought this was a good resolution and it was important people
continue to file their alarm permits. She felt this was a good way to address this issue.Youth
Councilor Turley said she agreed with Councilor Newton's statements.
Council President Goodhouse thanked staff for their work and said every little bit helps the local
businesses. Mayor Snider clarified this resolution affects both residences and businesses. City
Manager Wine confirmed it would impact any alarm permit holder.
Council President Goodhouse made a motion to approve Resolution 20-25. Councilor Lueb
seconded. Mayor Snider asked the Deputy City Recorder to read the number and title of the
resolution.
Resolution No. 20-25—A RESOLUTION DEFERRING CERTAIN ALARM PERMIT FEES
UNTIL DECEMBER 31,2020 AND WAIVING LATE FEES
Mayor Snider asked the Deputy City Recorder to conduct a roll call vote.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
The motion passed unanimously. Mayor Snider asked staff about the communications plan for
rolling out these two assistance programs.
City Manager Wine said they could certainly do press releases for both programs. She said that
alarm permit fee due dates vary throughout the year,but that staff would certainly advertise the
ability to waive late fees and delay payment.
8. COVID-19 RESPONSE AND RECOMMENDATIONS
City Manager Wine introduced this item to Council,which relates to further efforts to respond
to the COVID-19 pandemic emergency. She explained Assistant City Manager Kathy Nyland
would present a digital access plan before Economic Development Manager Lloyd Purdy
presents on the "Tigard Works" program.
Digital Access Plan
Assistant City Manager Nyland said staff aimed to create solutions to the issue of widespread
internet access. She said staff have reactivated public Wi-Fi at the City's public facilities,
including the IT office,Public Works building, and the Library. They plan to further expand
access by making public access permanent at those facilities and expanding the Library's hot
spot program. She said that staff were also considering a communitywide survey to identify
barriers and how to overcome those. The result would be a long-term digital access plan that
addressed digital equity.
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Councilor Lueb had no questions but thanked City staff for really hearing the Council's concerns
about equity and digital access. Councilor Newton said investing in the hot spot program at the
Library will be important. She has been hearing that the school district may have information
that would be useful in moving forward. Assistant City Manager Nyland said that they were
working with the school district on this project.
Councilor Anderson said he agreed with previous comments. He thought the hot spot idea was
interesting and pondered when funding would need to be allocated to this item.
Youth Councilor Turley echoed Councilor Lueb's comments and said she really appreciated the
City working to address this issue.
Council President Goodhouse said he liked the idea finding out what the needs are in the
community and potential partnerships. He agreed digital access was an important consideration.
Councilor Newton questioned if this item would be included in the budget and Assistant City
Manager Nyland said it had not been included, but that they would have a discussion during the
budget meetings as a Budget Committee.
Council President Goodhouse added that he thought it may be advantageous to contact the
wireless and broadband providers in order to get the cost of providing public access donated to
the City.
Tigard Works Programs
Economic Development Manager Purdy explained that the "Tigard Works"has become an
umbrella term for three separate assistance programs for local businesses. This program
emphasizes cooperation with the business community and allows staff flexibility in how they
approach providing community support.
Tigard CARES
Tigard CARES is a grant and loan program using City funds leveraged to provide almost$1
million in economic assistance to local businesses. A total of 95 grants have been awarded thus
far and a small loan phase is in progress. Economic Development Manager Purdy navigated to
the program's website and shared stories from grant recipients.
Shop Tigard
$hop Tigard is a promotional application that shows the public what is open for business that
launched within days of the emergency declaration.The information is crowdsourced by the
community. Economic Development Manager Purdy navigated to the $hop Tigard website and
showed the Council its functionality. He explained that through this application, the public can
search for places to eat or shop on an interactive map, or sort by type of business.
Recovery Ready
This final component is a webinar training program for businesses in partnership with
Washington County and the Tigard Area Chamber of Commerce. Economic Development
Manager Purdy said it focuses on four major sectors: retail, restaurants, personal services, and
professional services.These webinars will include a sector-specific technical expert to train
owners and staff to safely reopen businesses. The webinar includes a self-certification program
so the public can know the business has undergone the Recovery Ready webinar training.
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Mayor Snider thanked staff for the communications component at the end of the presentation.
He asked staff to ensure the programs are sufficiently promoted to engage the community.
Council President Goodhouse said he thought the program was great and just what businesses
need right now. He suggested tapping business coaches and social media experts to help spread
the word and get people involved. He added that the $hop Tigard website is a good way to find
out where to shop and when they are open.
Youth Councilor Turley had no comments or questions. Councilor Lueb said she was impressed
with what staff had accomplished and all the assistance they have been able to provide to
residents and businesses. She thanked staff for all of their hard work to get Tigard going again.
Economic Development Manager Purdy said it had truly been a team effort.
Mayor Snider said the reopen ready program will be needed across the metro area and asked
whether other cities and chambers had already been developing programs of their own.
Economic Development Manager Purdy said with Council's permission he'd like to share this
program with other agencies. He mentioned it to his economic development colleagues at
Washington County and they were very enthused. Mayor Snider emphasized that the need is
humongous.
Councilor Anderson thanked Economic Development Manager Purdy and his team. He thought
the website was very professional and well organized.
Councilor Newton stated she appreciated the work these staff do to support local businesses in
Tigard. She added some ideas for sharing these programs with public, such as through social
media.
Mayor Snider said he thought the Council was fortunate to have brought back the more robust
economic development program in previous years.
Council President Goodhouse suggested a program or contest to help promote shopping at local
businesses.
9. NON-AGENDA ITEMS—None.
10. ADMINISTRATIVE REPORT
City Manager Wine provided a brief administrative report on a reopening plan. She reviewed the
state's reopening plan and explained that the City could not open until the County submitted a
reopening plan to the state for approval. She said the three metro counties are looking to
coordinate reopening in a general sense.
City Manager Wine asked if Council needed more information to better understand the City's
process for creating a reopening plan. She added that because the EOC is activated, the City is
required to report to and through Washington County about reopening. She said they have
created a reporting foundation and have completed City plans for phase one.
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She stated that the plan would be phased and that staff that can work remotely will continue to
do so until later phases or reopening. She offered to provide additional information to Council
as these plans progress.
Mayor Snider said that knowing changes in the customer/resident interaction would be relevant
and the Council should be apprised. He cited opening dog parks and public restrooms
specifically.
Councilor Newton echoed what Mayor Snider said about keeping the Council apprised of
changes in the customer experience. She also asked about budgeting to implement retrofits at
some City locations.
12. EXECUTIVE SESSION—None scheduled.
13. ADJOURNMENT
At 9:40 p.m., Council President Goodhouse made a motion to adjourn. Councilor Anderson
seconded. Mayor Snider asked the Deputy City Recorder to conduct a roll call vote.
Yes No
Councilor Anderson ✓
Mayor Snider ✓
Council President Goodhouse ✓
Councilor Newton ✓
Councilor Lueb ✓
Caroline Patton,Depu City ecorder
Attest:
Jason B. Snider,Mayor
Date: June 23, 2020
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