City Council Packet - 07/21/1976 i
d
TIGARD CITY COUNCIL
SPECIAL MEETING
JULY 21, 1976, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
(` LECTURE ROOM
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. CONDITIONAL USE APPEAL - Appeal of Planning Commission denial of request by
Tigard School District 23J to allow construction of field house and installation
of field lights on Fowler Junior High School site in vicinity of S.W. Walnut
& Tiedeman (Wash. Co. Tax Map 2S1 3AA, Tax Lot 101).
Public Hearing - Commencing at 7:30 P.M.
(1) Public Hearing Opened
(2) Statement of Facts by Planning Director
(3) Public Testimony
Proponents
Opponents
(4) Recommendation of Planning Director
(5) Public Hearing Closed
(6) Consideration by Council
5. BOARDS AND COMMISSIONS -Filling of Vacancies
(a) Recommendation of Selection Committee
6. ADJOURNMENT
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T I G A R D C I T Y C O U N C I L
SPECIAL MEETING MINUTES JULY 21, 1976, 7:30 P.M.
1. ROLL CALL: Present: Mayor Wilbur A. Bishop; Councilmen John E. Cook,
Alan W. Mickelson, Robert C. Moore, Lynn Wakem; J. D. Bailey,
Legal Counsel; Richard Bolen, Planning Director; Bruce P.
Clark, City Administrator; Doris Hartig, City Recorder;
Arline O'Leary, Administrative Assistant.
2. CONDITIONAL USE APPEAL - Appeal of Planning Commission denial of request
by Tigard School District 23J to allow construction of field house and
installation of field lights on Fowler Junior High School site in
vicinity of S.W. Walnut and Tiedeman (Wash. Co. Tax Map 2S1 3AA, Tax
Lot 101).
(a) Public Hearing Opened 7:38 P.M.
(b) Planning Director reviewed history of appeal and stated findings
and conclusionary findings.
(c) Public Testimony:
The following people testified in favor of the appeal:
Phillip Rice - Business Manager of School District 23J
Dave Fairbanks - President of Tigard Babe Ruth League
Everett Nixon - Treasurer of Tigard Babe Ruth League
Francis Tepedino - 11180 SW 116th Avenue
Kenneth Bebe
Gerald Anderson - 11645 SW Tiedeman
Bud Sheaer - 13360 SW 76th Avenue
Mrs. Pazderic - 13435 SW 107th
Lynn Scroggins - 11545 SW Walnut
Charles Imebroff - Howard Drive
Dick Pruhsmeier - 15225 SW Bull Mountain Road
Mrs. Bennett - 14275 SW 112th
Harris Hanson - 10610 SW ;Derry Dell Court
Mrs. Beaton - 12045 SW Burlheights Drive
Mr. Sullivan - SW Mapleleaf
Mrs. Clark - 13400 SW Walnut
Nick Brajavich - Howard Drive
The following people testified in opposition to the appeal:
Phil Goodin - 11030 SW Walnut
Irene Beers - 11220 SW Errol Street
Steve Roberts - 11015 SW Walnut
Don Harvey - 12400 SW 112th Avenue
Robert Potterf - 11275 SW Walnut
Mrs. Carpenter - 12435 SW 112th Avenue
John McMahon - 12525 SW 112th Avenue
Pat Harvey - 12400 SW 112th Avenue
Barbara Goodin - 11030 SW Walnut
Mrs. Elsner - 12520 SW 112th Avenue
Mrs. Lorenz - SW 112th Avenue
Dick Beers - 11220 SW Errol Street
I
(d) Planning Director recommended Council approval subject to the
following conditions:
1. All utilities serving the site be placed underground.
2. That the building be one story only.
3. That a drinking fountain be placed on the exterior of the
building for continual use during off-school hours.
4._• .That_restrobms be.desigined in such a manner.-as to minimize
the possibility of vandalism and be available for use during
off hours.
5. That trash recepticals be built into the building so as to
have sanitary recepticals continually available.
6. That a minimum of four recepticals (additional) be available
during the use of the field.
7. That the building and parking area be subject to the Design
Review Board.
8. That the Planning Commission recommend to the City Council
that no parking be permitted along SW Walnut Street in the
area of the proposed fieldhouse.
9. That a fast growing type of tree be planted between the
tennis courts and SW Walnut Street from the entrance drive
to the west property line.
10. That a restri:c.ted curfew such, as.,10. br 11 P.M. .be. instituted
beyond which the lights may not be used.
(e) Public fearing Closed
(f) In considering School District 23J's appeal, Council questioned
if there were any alternative sites for the Babe Ruth games.
Council also discussed concerns with traffic generated by the
facility, debris, adequate parking, plans for facility when not
in use by Babe Ruth, and the noise caused by a PA system.
Motion by Councilman Cook, sezonded by Councilman Mickelson to
allow the appeal subject to the staff conditions and limiting
use of lights to 11:00 P.M.
Council urged and recommended the School District place "No Parking"
signs on both access driveways.
Motion to amend original motion to disallow use of PA system
by Councilman Moore.
Further discussion by Council to consider the additional condition
of not allowing the use of a PA system.
Motion to amend died for lack of second.
Motion passed .by unanimous vote of Council; Mayor Bishop
abstaining.
RECESSED: 9:50 P.M.
RECONVENED: 10:05 P.M.
PAGE 2 - COUNCIL MINUTES - JULY 21, 1976
3. BOARDS AND COMMISSIONS - Filling of Vacancies
(a) RESOLUTION No. 76-54 A RESOLUTION EXPRESSING APPRECIATION OF THE
CITY OF TIGARD TO VELMA EWEN FOR HER SERVICE
TO THE PUBLIC AS A MEMBER OF THE TIGARD PARK
BOARD.
(1) Motion to adopt: Councilman Cook, seconded by Councilman Moore.
Approved by unanimous vote of Council.
(b) RESOLUTION No. 76-55 A RESOLUTION EXPRESSING APPRECIATION OF THE
CITY OF TIGARD TO ELAINE LEFLAR FOR HER PUBLIC
SERVICE AS A MEMBER OF THE TIGARD CITIZENS AND
POLICE COUNCIL (T-CAP).
(1) Motion to adopt: Councilman Cook, seconded by Councilman Moore.
Approved by unanimous vote of Council.
(c) RESOLUTION No. 76-56 A RESOLUTION O
F THE APPOINTMENTS TO FILL TONE RUNEXPIRED D CITY UMAKINGNCIL
TERM AND
ONE EXPIRED TERM ON THE PARK BOARD.
(1) Motion to adopt by Councilman Moore, seconded by Councilman
Wakem thereby appointing Mary Payne to a remaining term
expiring 12/31/77 and to reappoint Fred Cooper to a term
expiring 12/31/79.
Discussion by Council and staff followed.
Approved by 4 to 1 vote with Councilman Mickelson voting Nay.
ING
(d) RESOLUTION No. 76-57 APPOINTMENTS OF
FIL'TTWORD CITY EXPIREDCOTERMSLONATTHE
LIBRARY BOARD.
(1) Motion to adopt by Councilman Cook, seconded by Councilman
Moore and thereby reappoint Yvonne Burgess and Jeri Cundiff,
terms expiring 6/30/80.
Discussion by Council and staff followed.
Approved by unanimous vote of Council.
NCIL
(e) RESOLUTION No. 76-58 APRESOLUTION OF POINTMENTS TO FILLTONE RUNEXPIRED D CITY UTERMAND ING
ONE EXPIRED TERM ON THE TIGARD CITIZENS AND
POLICE COUNCIL (T-CAP).
(1) Motion to adopt by Councilman Mickelson, seconded by Councilman
Cook and thereby appoint Ralph Howes, Citizen At Large, to remaining
term expiring 6/30/78 and to reappoint George Penrose, Organization
Rep., term expiring 6/30/79.
Approved by unanimous vote of Council.
PAGE 3 - COUNCIL MINUTES - JULY 21, 1976
(f) RESOLUTION No. 76-59 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING
APPOINTMENT(S) TO FILL EXPIRED TERM(S) ON THE
TIGARD PLANNING COMMISSION.
(1) Discussion by Council and staff followed regarding other Planning
Commission vacancy.
Motion to adopt by Councilman Moore, seconded by Councilman
Mickelson thereby appointing Stewart Moore, term expiring
6/30/80.
Approved by unanimous vote of Council.
(g) RESOLUTION No. 76-60 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING
APPOINTMENTS TO THE COMMITTEE FOR CITIZEN IN-
VOLVEMENT (CCI).
(1) City Administrator explained there were two appointments to be
made representing NPO #6 and #7. N.P.O.'s have not been formed
and a citizen will be selected from each area.
Motion to adopt Resolution No. 76-60 with the appointments of
NPO's #6 and #7 to be made at a later date; Councilman Cook,
seconded by Councilman Moore.
Discussion by Council and staff followed.
Approved by unanimous vote of Council.
4. Council directed staff to plan time on next Study Session, for discussion
on establishing meeting times with Council and the various Boards and
Commissions.
5. City Administrator announced hiring Vincent Rhinehart for the position
of Public Works Director to start working approximately July 28, 1976.
6. City Administrator reminded Council that August 3rd was the deadline
for receiving petitions for the thr-e Council vacancies occurring
1/l/77.
7. ADJOURNMENT: 10:55 P.M.
City Recorder
ATTEST:
Mayor
PAGE 4 - COUNCIL MINUTES - JULY 21, 1976
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TIGARD BOOSTER CLUB
P.O. BOX 23292,TIGARD,OREGON 97223 PHONE 224-3451
i PRESIDENT July 13, 1976
Dan Larsen
i •
VICE PRESIDENT
Gene Hanson Tigard City Council
• City of Tigard
i SECRETARY-TREASURER 12420 S.W. Main
Frosty Hall Tigard, Oregon 97223
ADvlsoas Gentlemen;
fKen Peterson
Frank Palm
a Connie Sproul The Board of. Directors of the Tigard Booster Club,
3 at their last meeting unanimously passed a resolu-
Ellis Green
Football tion backing the efforts of Babe Ruth, Inc. of
Tigard to provide field lighting and other athletic
2 Bud Shearer
Basketball improvements at Fowler Junior High School.
Wes Myers We feel that these improvements would be of great
1 Baseball benefit to the overall athletic programs in pro-
Larry Lee viding excellent facilities for the youth of our
Wrestling
community.
Ken Peterson
Water Sports We respectfully urge that the council approve the
• request for ammending the present conditional
ATHLETIC DIRECTORS
zoning.
TWALITY
Don Herr
FOWLERryy truly yours,
Don Sempert
ELEMENTARY
Gary Wagner
Dani L. Larsen
Booster Club President
CC: Directors
Tigard Babe Ruth
y
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An Oregon Non-Profit = TIGARD BABE RUTH LEAGUE, INC. '
. Corporation P. O. BOX 23341
Affiliated by Charter Tigard, Oregon 97223
with BOARD OF DIRECTORS
Ruth Baseball Phone (503) 620-0236
ternational Dave Fairbanks, President
Fred Carson, Vice President
® July 7, 1976 Bob Gagliasso, Vice President
AGE 13-15 PROGRAM: Everett Nixon, CPA, Treasurer
Prep (13 year old) Division Kathryn Lenow, Secretary
National (14-15 year old) Division Joan Barker
AGE 16=18 PROGRAM: Myrna Foster
Our Tigard Plaza Blue Sox Team
is a member of the Valley �.; Mayor Wilbur Bishop, Advisor
16-18 Babe Ruth League
M . Doris Hartig
City
y Recorder C\�.
City of Tigard
12420 S. W. Main Street
Tigard, Oregon 97223
Dear Mrs. Hartig:
Enclosed are sixteen copies of a letter from our League
requesting reconsideration of plans for certain baseball field
facilities at Fowler Junior High School which were submitted to the
City Planning Commission. We would appreciate your distributing copies
as follows:
No. of
Copies
Mayor and Councilmembers 5
City Planning Commission members 9
City Planning Director 1
City Recorder 1
It is our understanding that Tigard School District 231 will
request appeal of the Planning Commission decision of July 6, 1976.
Please advise us of times and location for subsequent hearings on any
appeal in order that we may arrange for appropriate representation.
Very truly yours,
P10 k
L%ln"�
Everett E. Nixon
Treasurer
EEN:ms
Enclosures
cc: Members of Board of Directors of Tigard Babe Ruth
,_t Business Manager, Tigard School District 231
C'
TIGARD BABE RUTH LEAGUE, INC.
APPEAL TO THE TIGARD CITY COUNCIL
FOR
RECONSIDERATION AND APPROVAL OF PLANS
SUBMITTED BY
C3 TIGARD SCHOOL DISTRICT 23J
FOR
CERTAIN BASEBALL FIELD IMPROVEMENTS
AT
FOWLER JUNIOR HIGH SCHOOL
July 7, 1976
i
{ TIGARD BABE RUTH LEAGUE, INC.
an oregon Non-Profit
P. Q, $OX 23341
Corporation
Affiliated by Charter Tigard, Oregon 97223
with BOARD OF DIRECTORS
Babe Ruth Baseball Phone (503) 620-0236
International Dave Fairbanks, President
Fred Carson, Vice President
® Bob Gagliasso, Vice President
AGE 13-15 PROGRAM: Everett Nixon, CPA, Treasurer
Prep (13 year old) Division Kathryn Lenow, Secretary
Joan Barker
National (14-15 year old) Division
i Myrna Foster
AGE 16=18 PROGRAM:
Our Tigard Plaza Blue Sox Team
is a member of the Valley Mayor Wilbur Bishop, Advisor
16-18 Babe Ruth League July 7, 1976
i
Honorable Mayor and City Council
City of Tigard, Oregon
and
h City Planning Commission
City of Tigard, Oregon
Dear Mayor, Members of the Council and Members of the Planning
Commission:
Tigard Babe Ruth League, Inc. requested permission
June 24, 1976 from Tigard School District 23J to construct, at
its cost, and donate to the School District a multiple purpose
field facilities building and field lighting facilities at the
Thomas R. Fowler Junior High School baseball field. After a
public hearing on aforesaid date, the Tigard School District
granted, by unanimous action of its School Board, permission
to Tigard Babe Ruth to construct the proposed facilities subject
to approval of building plans by the Tigard Planning Commission
and the Design Review Board.
At the School Board hearing, counsel for the 'School
District indicated that in his opinion inasmuch as the field
lighting facilities were to become a part of school property
used for the recreational purposes provided under ORS 332.172,
there was no further approval required by the District. The
District had previously been granted permission to construct
the school facilities. However, since the proposed field
facilities building includes a concession stand to sell food
and soft drinks (a commercial type of activity proposed to
be conducted by Babe Ruth) , District counsel indicated that the
plans for the multiple purpose field facilities building would
probably require approval of the City Planning Commission.
The City Planning Commission, at its meeting held
July 6, 1976 (by a vote of three to two) , failed to grant
approval of a request submitted to it by Tigard School District
231 for the aforementioned multiple purpose field facilities
(; building and for lighting facilities for the baseball field.
The Planning Commission staff report recommended approval with
certain stipulations.
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Our League must vacate and discontinue use of the
Old Fowler baseball field by no later than July 31, 1976 under
agreement with Pay Less Drug Stores Northwest. As a result,
it is an urgent matter for this League to get replacement
facilities ready this summer so that young persons in the 13
�' t rough 5 year old age group will have a suitable place to
play next- season.
We have attached an outline of facts, questions and
answers about Tigard Babe Ruth and its proposal to construct
needed facilities at Fowler Junior High School baseball field
for your information. The proposed facilities are necessary
for our League to be able to conduct its adult supervised
summer recreational program for youth of this community.
A resident of the community who lives on Tiedeman
adjoining the school property circulated a petition to adult
residents of homes on the streets adjoining the school property.
He secured signatures of 60 adults (out of approximately 80
possible adults) living in homes on the streets directly adjacent
to the school in favor of the proposed field facilties building
and field lighting project.
On behalf of the approximately 200 young persons in
this community who are currently involved in our recreational
program and the future thousands of youngsters coming into
the 13 - 15 age group, we pray that the Council will reconsider
the request of the School Board for approval of the plans and
take appropriate favorable action thereon.
Very truly yours,
C David D. Fairbanks, President
DDF:cev
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FACTS, QUESTIONS AND ANSWERS ABOUT TIGARD BABE RUTH
AND ITS PROPOSAL TO CONSTRUCT NEEDED FACILITIES AT
THE FOWLER JUNIOR HIGH SCHOOL BASEBALL FIELD
U
1. We are an over 20 year old nonprofit, educational organization
dedicated to developing better citizens by providing properly
supervised amateur recreational baseball competition for youth,
regardless of sex, race, creed or national origin, through
affiliation with Babe Ruth Baseball International. Through our
league, an opportunity is provided for about 200 youths from
the Durham, Metzger, Sherwood, Tigard and Tualatin communities
to participate in an organized Babe Ruth summer baseball program
from approximately May 20 to July 5 each year, except for more
limited tournament play thereafter.
E)
2. We are an Oregon nonprofit corporation which is exempt from
Federal income tax under Section 501 (c) (3) of the Internal
Revenue Code. Our organization is totally operated by unpaid
adult volunteers and parents.
3. We have not exerted efforts to create a tax supported park and
recreational district or a similar tax supported local govern-
mental unit to administer and operate this summer baseball
program because:
a. We feel that a tax supported entity would further increase
the property tax load upon elderly and other fixed income
persons.
b. We feel that the volunteer aandeassistanceorganization
parentsforces
C more active control, support
benefited youngsters.
4. We believe our program serves as a viable deterent to juvenile
delinquency by keeping young persons 'actively involved in a
C recreational activity which keeps them busy during practice
sessions and games and show's them that they can have fun in
a disciplined team environment.
5. Why hasn't the League exerted efforts to acquire a field at the
C. City owned Cook Park?
Answer:
This alternative has been considered and discussed but has been
� abandoned for the following reasons:
�6 ,
t
i a. Current field demands of the Little League and its
needs for more fields to conduct its baseball and
E softball programs for young persons must be acknow-
ledged. In any event, we must use a regular sized
diamond (such as that used for junior and senior
high school for play in this age group ) -
b. The City has limited resources even to the extent
of providing matching share of grant funding. The
City experiences difficulty as it is in getting its
budget and tax levy adopted.
C. The Little League boundaries more closely conform
i-� to those of the City of Tigard, whereas Babe Ruth
boundaries very closely follow those of the Tigard
and Sherwood school districts.
d. Maximum utilization of available and already existing
public facilities is the most economic and serves the
best interests of taxpayersof the community.
6. Why hasn't the League considered use of the Twality Junior
High School baseball fields?
Answer:
This alternative has been considered but has been abandoned for
the following reasons:
a. One of the two fields serves as our League's practice
U field, and the other is allocated to use by an adult
softball program.
b. Because of the track and field layout, the outfield
is really not deep enough for game purposes at our
age level.
I c. Because of adjoining Templeton Little League fields
there is inadequate parking available at Twality.
7. We consider it to be traditional in America to have school
campuses and parks and playgrounds situated in residential
areas. Many football and baseball fields which are lighted
are located in residential areas in metropolitan communities.
8. The noise level at our games is generally very low. Even
[ at our age level of ball, it is considered quite "bush"
for our spectators to engage in much cheering or hollering
on any sustained basis. In the many years of use of the
Old Fowler Field,where some of the houses on Scoffins Street
are only about 70 feet from the spectator stands, we have
not experienced complaints because of noise.
1.
�. 9. It is impossible for our League to schedule an adequate
number of season games for 12 teams into the period from
the end of school baseball to the start of Babe Ruth
District tournament play (and generally avoiding play on
Sundays) on one playing field without playing two games
on week-day evenings.
10. Rule 1.10 (two hour or maximum 10 innings when a doubleheader
game is tied at end of two hour time limit rule) and Rule 1.11
(10-run lead game termination rule) of our "Local League Rules
and Regulations" with very rare exception, results in completion
of the second game of an evening by no later than 10:30 p.m.
�1 Usually an additional 15 minutes for players, parents and other
spectators to clear the premises is sufficient.
11. Diffusion of light in the area surrounding the ball park should
not be very great from the proposed field lights if they are
aimed to properly light the ball field and especially if the
existing growth of trees is left intact.
12. Why doesn't the League use the Tigard Senior High School
fields?
Answer:
The varsity baseball field is already scheduled to its maximum
utilization by our Tigard Legion and Babe Ruth 16-18 ball
clubs after allowance for adequate field irrigation schedules.
t The junior varsity and sophomore fields are already allocated
to and are fully utilized by high school aged girls and adult
softball programs.
13. Why doesn't the League purchase land and develop a baseball
park of its own?
Answer:
We would require about four or five acres of land for such
purpose, and we do not have the resources nor do we have
knowledge of anyone in the community who would be willing
to donate such land to our League. Furthermore, this would
result in an unnecessary duplication. of costs from a civic
standpoint in that a backstop, dugouts, bleachers, and
parking area would have to be also funded. Undoubtedly,
the first question to be raised by prospective donor charitable
foundations or private concerns would be as to whether any public
or private school facilities were available for such a recre-
ational program for youth.
14. We believe our proposed use of the school facilities is
in accord with the intent of the Oregon Legislature when
it adopted ORS 332.172. ORS 332.172 (1) (a) reads "Subject „
( to ORS 330.665, the district school board may permit the
-use of school buildings and grounds by residents of the
district for civic and recreational purposes, including use
for: (a) Supervised recreational activities; ".
15. What is the general reaction of parents toward playing
games under lights?
Answer:
Most parents of youths prefer the 8:30 p.m. games because
when they both work, it makes it easier for them to get to
O their childrens' games. Furthermore, many parents of Babe
Ruth players have other children playing in Little League
and this type of game scheduling causes less conflicts.
In previous years when attempts were made to lengthen the
League season (and thereby to reduce the number of games
per week) , many parents raised strong objections because
our schedule interfered with their vacation time.
16. Most of our volunteer coaches prefer playing games scheduled
for 8:30 p.m. because it allows them more time to change
clothes, eat .supper and get to the field. Our coaches also
like to have our players become accustomed to playing under
field lights because in most tournament play, they will have
to play some games under lights.
17. A question has been raised by some persons as to why more
C advance planning has not been made by Babe Ruth. During
the past three years or more, there has been a great deal
of uncertainty as to the ultimate disposition of the Old
Fowler school property. For example, during a period of
time, the City of Tigard was even considering acquiring
the property. In any event, our League began active pursuit
of funding from charitable organizations and looking into
alternatives about a year and a half ago. Finally, -our
League planned to move to the new Fowler field when it
became necessary to vacate Old Fowler, and we did not
forsee any objections to our use of a school property for
a recreational program for youth of this community.
C;.
18. Is there adequate parking available in the Fowler Junior High
School parking lot areas?
Answer:
Misting school parking lot areas (84 painted spaces and 40
{+ additional unmarked spaces) are more than adequate to handle '
the largest volume of cars (generally .about 25 to 30) required
to be parked for our games. Furthermore, the School District
(~ , plans to add additional parking space for 30 more cars as
G
-part of its original site development plan. Our 13 - 15
year old players cannot drive cars and are dependent upon
their parents to either drop them off and pick them up
(this frequently occurs because of other parental commit-
ments) or to attend their games and take them home after-
ward.
19. It has been indicated by a few persons that use of the field
by Babe Ruth would increase the traffic on Walnut. Naturally,
there would be some increased traffic on that street but this
was undoubtedly contemplated by the comprehensive plan when it
® was evident that the new junior high school and a future high
school were to be built in the area. There is also more traffic
on Walnut caused from the other civic (for example, City Council
meetings and .Community College classes) and recreational purposes
permitted for school property under ORS 332.172. It is our
understanding that in the comprehensive plan for Tigard that
® Walnut is designated as a "feeder" type of arterial.
20. Will the grounds be cleaned up after each use by Tigard Babe
Ruth?
p Answer:
Our permit for use of the school property requires that the
school grounds be cleaned up after each use. Our League will
budget for two young men to maintain the field properly.
C°
21. What would be the results of a delay of construction during
1976 to Tigard Babe Ruth?
Answer:
We would lose a major share of cash and in-kind donations for
the field facilities building (approximate cost, $17,500) and
very likely the power poles for lighting the field (estimated
value, $4,900) .
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