City Council Packet - 11/19/1979 s-
TIGARD CITY COUNCIL
STUDY SESSION AGENDA
NOVEMBER 19, 1979, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. ROLL CALL
AUDIT REPORT PRESENTATION - Coopers & Lybrand Mr. Jim Savage
3, COMPUTER ACQUISITION REPORT - Coopers & Lybrand
4. INFOR14ATION BRIEFING ON REGIONAL SOLID WASTE EFFORTS - M.S.D.
5. O.D.O.T. NOISE MITIGATION RESOLUTION - City Administrator
6. BUSINESS LICENSE ORDINANCE AMENDMENT - Planning Director
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7. SUMMERHILLS PARK L.I.D. BID CANVASS - Director of Public Works �
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8. WALNUT STREET SIDEWALK L.I.D. PROPOSAL - Director of Public Works
9. LIST OF ENGINEERS FOR SELECTION FOR L.I.D. PROPOSALS - Director of Public Works
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10. COMMUNITY DEVELOPMENT BLOCK` GRANT<PROGRAM - 2nd year proposals for funding'-
Citv Administrator.
11. EXECUTIVE SESSION' - Under provision of ORS 192.660 (2) (d) regarding Wheeler-
Killion Litigation and under provision of ORS 192.660 (2) (d) regarding
Leron'Heights Interceptor Contract.'
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12. ADJOURNMENT
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T I G A R D C I T Y C O U N C I L
STUDY SESSION MINUTES, NOVEMBER 19, 1979, 7:30 P.M.
1, ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Toni Brian, John E.
Cook, Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief
of Police, Robert B. Adams; Legal Counsel, Joe D. Bailey; City
Administrator, Raeldon R. Barker; Public Works Director, Frank
Currie; City Recorder/Finance Director, Doris Hartig; Planning
Director, Aldace Howard; Research and Development Assistant,
Martha McLennan.
2. C014PUTER ACQUISITION REPORT - Coopers & Lybrand
(a) Dave Bresinski, Coopers & Lybrand, reviewed the report. He discussed the
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istory and process of the study, explaining the needs of the City and
the various options considered. He went on to discuss the pros and cons
of peg board accounting systems, posting machines, time sharing and service.
bureaus. He described the recommended option: an in-house mini computer
which .Mould provide the City with a total information system which would
be well integrated for the purposes of the City, and would provide rapid
in-put and turn-around time. He emphasized how this mini-computer would
assist the City with sewer billings, budget preparation and contol., audit-
Ing and possible future applications in planning and licensing. He
explained the development of a request for proposals from ten computer
vendors, the receipt of nine proposals, and the evaluation process used
to rank the. proposals. Referring to the report he recommended the Clang I
Computer with the Cogebec software.. He concluded by saying that this
system would provide all of the services the City needs cost-effectively.
(b) Councilman Brian questioned the need for the City to take any_action in
this direction at this time. Mr. Breinski, stated that without some action,
staff levels would have to be increased within one year. He went on to
say that the current man-hours spent on these are excessive.' .l ,rj YNd- 4e
f`l.�Lh� rre�.�K�Ps
(c) Councilman Brian went on to question the possibility of any immediat�
savings. Mr. Brezinski stated that the system would provide`a payback
down the line.
(d) Council went on to discuss costs, expansion capabilities and possible
obsolescense in the near future. They discussed the timing of acquisition
of the computer. Consensus of Council to have staff report on immediacy
of need and financing options at the -12/3/79 Study Session. '
3. INFORMATION BRIEFING ON REGIONAL SOLID WASTE EFFORTS
(a) Merle Irvine, Metropolitan Service District, presented a short film
entitled, "All About Garbage", which explained the history and state-
of-the-art of so iI waste landfills in the Portland area. After the
film, Mr. Irvine d:5cussed the resource recovery steam plant in Oregon
City, centralized solid waste transfer stations for both public and
commercial haulers, and two recycling stations which are all in some
stage of ,planning or implementation. He continued by saying that even
with the pursuit of other solid waste options, 'mare landfill sites would
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be necessary in the very near future. He described the sites currently
being considered, to include: the Durham Pits, the 106th and Division
site, and a site south of Wilsonville. He concluded by saying that the
Metro area solid waste problems would have to be addressed by a combined
approach of recycling, resource recovery, landfill and waste reduction.
(b) Mayor Mickelson thanked Mr. Irvine for his very informative presentation,
and Council. went on to discuss the specifics of the Durham Pits (front
end costs, capacity, screening and possible restrictions on types of
materials to be dumped).
(c) Councilman Brian asked whether there were any possibilities of increasing
recycling through regulations and mandates on franchised garbage haulers
to provide to-the-door recy--ling. Mr. Irvine stated that MSD has no
authority in this area, but that local jurisdictions with franchise
ordinances could implement conditions of the franchise to require to-the-
door recycling pick-up. Planning Director asked if MSD would consider
"subsidizing" the haulers to provide an incentive, perhaps through a
re-bate on resale profits. Mr. Irvine stated that he would be willing to
discuss the possibilities and assist the City in revising the franchise
ordinance. cllurc�.�d �os erc «/34h9
4. AUDIT REPORT PRESENTATION - Coopers & Lybrand C
(a) Jim Savage, Coopers & Lybrand, reviewed the audit report. He explained
in detail the reference in the first few pages to the qualification of
the report, due to the uncertainty of the systems development charge
litigation. He went on to highlight the general and special fund equities
and expenditures. lie concluded by saying that it had been a very unevent-
ful and therefore good year from an accounting perspective, with all
equities increasing.
(b) City Administrator thanked Mr. Savage.
5. O.D.O.T. 'NOISE MITIGATION RESOLUTION
(a), City; Administrator gave a brief background of this issue and described
the current need for a resolution to commit St. Anthony ,School to con-
tribute their portion of the costs of the total project. He reported
that the City share is currently projected at $145,000 and the St. Anthony g
share is projected at $3020. He went on to 'say that ODOT has 'opened the
bids and will get back to us soon: with precise figures.
(b), Councilman Brian noted that the Resolution did not state that St. Anthony
School would pay 100% of the local. share for the noise mitigation work.
City Administrator suggested amending the resolution to insert a new
third "u1HEREAS" -to read t9WHEREAS, St. Anthony School has agreed to pay
100% of the local share for the `noise mitigation work; and" Consensus of
Council to amend. City Administrator said this would be brought back for
final consideration at the next regular. meeting.
PAGE 2 STUDY SESSION MINUTES - November. 19, 1979
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6. BUSINESS LICENSE ORDINANCE AMENDMENTS
(a) Planning Di rector reported that problems have: occured when businesses
move within the City, yet the Planning Department has no way of monitor-
ing the properness of the new land use. 'The proposed Ordinance would
insure that the Planning Department be informed so as to apply other
controls on businesses (appropriateness of zoning, etc.).
(b) Councilman Brian questioned the language requiring the Planning Director's
approval as a condition of the business License, and suggested that he
should merely be informed and could then take appropriate controling action
though the code enforcement process. Planning Director agreed to amend
Section 2, last sentence, delete, "the approval of" and insert, "notifica-
tion to".
7. SUMMERHILLS PARK L.I.D. BID CANVASS
(a) Public Works Director reported that twelve bids had been received ranging
from $73,000 to $260,000. The Engineers estimate .for the project had been
$82,700. He reported that the low bid was for $73,454 from Dales Sand &
Gravel. He stated that he would bring this back to Council with a recom-
mandation at the next regular meeting.
8. WALNUT STREET SIDE14ALK L.I.D. PROPOSAL
(a) Public: Works Director referring to the map provided to Council discussed
the cost/benefit relationship between the signing land owners and the
actual area of proposed development. He asked for direction from Council
on how to proceed.
(b) Mayor Mickelson said that this was an area of great concern and that the
Council had directed those owners to submit a formal request so that the
the City could formally research and respond to the problem. He directed
staff to contact other abutting property owners and explore preliminary
cost estimates and report back to,Council.
9. LIST OF ENGINEERS FOR SILECTION FOR L.I.D. PROPOSALS
(a) Public Works Director reported that there was currently only one
engineering firm located in Tigard: Harris & McMonagle. <
(b) " Consensus of Council to broaden the area of consideration to Washington
County or S.W. suburban so as to obtain a larger selection of engineers.
10. COMMUNIT`I DEVELOP14ENT BLOCK GRANT PROGRAM
(a) City Administrator reported that there was approximately $600,000
available for the thirteen ( I3) cities in Washington County. He
recommendedrequesting $55,000 for the installation `of wheelchair ramps/
curb cuts, sidewalks for McDonald ;and O'Mara and street lighting. He
stated that 128 ramps could be built with approximately $45,000 and the
rest could be spent on the sidewalks and street lighting: He concluded
by saying that the application deadline was 11/30/79, and formal. Council
action would be needed on 11/26/79 if an application was to be submitted.
PAGE` 3 _ STUDY SESSION MINUTES - NOVEMBER 19, 1979
11. OTHER
(a) City Administrator reported that a letter had been received from
Robert Swan, 13285 S.W. Bull Mountain Road, a student at Tigard High
School, who was interested in serving as a student representative on
the Park Board. Consensus of Council to formally appoint him as a
non-voting member of the Park Board.
(b) Planning Director reported on a 45-60 acre annexation which can be
expected in the near future„ near the Haines Road interchange. He
stated that this annexation would form an island. Ile also reported on
an upcoming annexation near Greenburg at Tiedeman which would create an
island on S.W. North Dakota.
(c) Planning Director reported on a request received from Tualatin Development
Company to hook up their cable lines from King City to the retirement
center and the apartments in Summerfield. He stated that he felt that
this would be in violation of the recently approved cable television
ordinance and recommended denial. He went on to say that Tualatin
Development Company felt that as this would service only private property
within the King City/Summerfield area, the ordinance should not apply.
Staff to research the problem and report back to Council.
(d) Chief of Police reported that a request for speed reduction on 124th and
Katherine would be coming up soon to provide a school zone for the Mary
Woodward School.
(e) Councilman Cook criticized the recent Water District work on Gaarde
Street (which received asphaltic overlay this fall). Public Works Director
reported that the City grants an annual construction permit to all utilities
and therefore has very little control over timing and quality of work with-
in the City. City Administrator reported that efforts had been made to
prevent this from occuring by asking ;the Water District to do the work prior
to the asphaltic overlay, however, the Water District had said that this
would be impossible. City Administrator concluded that it was unfortunate
that the work did occur so soon 'after:the overlay'. Consensus of Council
to have staff direct a letter to Mr. Santee criticizing this incident.
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(f) Councilman Cook, noting that funds were budgeted this year for street
lighting;improvements, asked staff to bring a List of possible projects .
to Council soon.
(g) Councilman Brian inquired what was being done regarding letter of complaint
from residents of Highland Court in Summerfield, , City Administrator com-
mented staff had checked area and the 'condition as described in the letter
regarding parked cars apparently had been corrected. Staff will continue to
monitor the area for code violations.
ADJOURNMENT OF STUDY SESSION 10:34 P.M.
10:50 P.M.
Council went into executive session under the provisions of ORS 192.660 (2)(d) regard-
ing legal rights and duties with respect to the following:
PAGE 4 - STUDY SESSION MINUTES - NOVEMBER 19, 1979
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Wheeler-Killion Litigation
City Attorney discussed the defense of the City ,regarding the above claim and out-
lined several options available to the city. Attorney received concensus of Council
how to proceed with the case.
Leron Heights Interceptor Sewer Contract
Attorney Bailey synopsized the Leron Heights sewer agreement and explained the
City's desire to break the contract.
Legal Counsel has been meeting with developers in the area in an effort to work out
an acceptable agreement, however, if unsuccessful he made several recommendations to
Council. Council discussed the matter and provided direction in handling of the
case. Attorney to report progress.
Meeting adjourned 11:10 P.M. /
City ecorder
ATTEST: ,-
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Mayor
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PAGE 5 - STUDY SESSION MINUTES - NOVEMBER 19, 1979
Residents Highland Court
Tigard, Oregon 97223
Summerfield Civic Association necs,viieo
Tigard, Oregon { 72';3
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Dear Committee Persons:
There has
been some concern among residents of Highland
because of the many strange cars parked in front of the former
model Mark V located at 15760 S.of.`iHighl nd Court
lo;�rnenthCo.is tb.'e
li.eved to be oxmed by Roy f
une1erst:nd this property has been rented to a man (name unknown)
who allodcely collects cars andreconditions them for sale out
of state.
In the past month we have noticed aQpe
pick-up
with a for
sale sign plastered on its alight
parked on the street which had not been moved for weeks until k
a complaint was filed with the Tigard police then it was moved
ill there as of November 15, 1970; a
Jo the driveway and is st
red car was being reconditioned on the street and another car
was being spray painted on the street.
According to i�clarations & Conditions & Restrictions of Tualatin
Accorli.n Corporation pertaining to Summerfield paragraph 1.6
FranRpad e F:Use of Prop "no dwelling is to be used for the con-
pate purpose unless prior
duct of business of for any co
written aoryroval is obtained as provided in Section 1-11" it j
also vio�.ates the residential zoning code of I.ashi.nf;ton County
forresidenceA.
# The rules of Summerfield Civic Association requires eVeryadmi.n- �
resident to be a member of the Civic Associatlor► y. 3
istrator informed us on Nov. 14, 197Q that he did not• know the
ople or person who lives 'there It .clearly states
name of the pe
in Paragraph 1.Q pertaining to residential unItrson"no residential
de tial �
ot
unit in Summerfield shall be occupied by any f,. Association". �
a propriatary or associate member of Summerfield �.vic
relaxation
The residents of Highland Court are concerned that any i
of the 'rules and regulations of the Civic Associ tion will lead
to 'a defi4 te 'dete.riorat_ion in property;values as well as �.
aesthetic value.
We the undersigned
residents of S. W. :ii ghland Court are bring-
i.ng this matter to
our attention for an immcrdi ate soluti-1- i
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Re?spectfully,
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pips to: Roy o ;
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T.O.C.<
TigardCity Council
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LIST OF LOCAL CONSULTING ENGINEERS Foj'. L.I.D. PROPOSALS
1. Harris-McMonagle Associates
5905 SW Compercial '-
Tigard, OR 9722
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Stuart L. Cato
(See aarris—McMonagle) =
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WASHINGTON COUNTY
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ADMINISTRATION BUILDING—150 N. FIRST AVENUE J
HILLSBORO, OREGON 97123
GREGORY S.HATHANIAY.CauntY CaunsPi
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BARD OF COMMISSIONEFIS November 1, 1979 503 64 -8747
MILLER m.DUR!S,Chairman
JIM FISHER,Vice Chairman
VIRGINIA DAGG
TO WHOM IT MAY CONCERN:
Pursuant to Section 104 of Chapter 10 of the Washington County
Home Rule Charter, Washington County is required to notify every
oity council within Washington County
County Comprehensive Plan or any element thereof
of its. intent to amend the
and the rezon-
ing of land within one mile of the corporate limits of any city.
Enclosed please find Washington_ County Ordinance No. 223 *which
will be introduced for first reading at the Hoard's meeting of
November 6 , 1979 . Ordinance No. 223 proposes to amend Article
ii of the Community Development Ordinance of Washington County
Relating to zoning. A second reading will occur November 13 ,
1979 and a third reading and first public hearing will occur
November 20 , 1979 at 10 :00 a.m.
For further information please ccntact _he' Washington County
Planning Department at 648-8761..
Gregory S. Hathaway
County. Counsel
, ,,
Enc:
PUBLIC
HEARING -
NOTICE
N0710E O�
IS HEREBY GIVEN THAT THE BOARD OF COUNTY COb'IJISSIONERS FOR WASH-
INGTON COUNTY, OREGON WILL HOLD A PUBLIC HEARING ON TUESDAY, NOVEMBER 20 ,
1979 AT 10 :00 A.M. IN ROOM 402 OF THE ADMINISTRATION BUILDING OF THE
COUNTY COURTHOUSE COMPLEX, AT 150 N. FIRST STREET. cIILLSBORO, OREGON.
THE BOARD WILL NOT ADOPT THE ORDINANCE ON THAT
DATE. FUTURE HEARINGS
MAY BE HELD AND THE TIME, PLACE AND SUBJECT MATTER TO BE ANNOUNCED.
li THE PUBLIC HEARING WILL CONCERN THE PROPOSED ORDINANCE N0. 223 WHICH
MENDS THE TEXT OF ARTICLE II OF THE COMMUNITY DEVELOPMENT ORDINANCE
OF WASHINGTON COUNTY RELATING TO 'ZONING BY PROHIBITING THE PARTITIONING
OF PROPERTY IN THE G1:U-38 DISTRICT LESS THAN THE MINIMUM LOT SIZE
URE, COURT ORDER, TESTATE OR INTESTATE SUCCESSION ,
THROUGH LIEN FORECLOS
OR BY ACTION OF GOVERNMENTAL DOMAIN.
NOTE; YOU SHOULD BE AWARE THAT THE BOARD MAY CONSIDER AMENDMENTS TO
THIS ORDINANCE WHICH COULD PROVIDE FOR, ALTHOUGH NOT LIMITED TO, THE
ADDITION OR DELETION OF ZONING DISTRICT CLASSIFICATIONS, EXCLUSION OR
REDEFINITION OF THE LOT OF RECORD PROVISION, THE ADDITION OR DELETION
OF PRESCRIBED USES IN THE EXISTING ZONING DISTRICTS , CHANGES IN DIMEN-
SIONAL REQUIREMENTS,' USES ALLOWED IN CERTAIN DISTRICTS , SETBACK REQUIRE-
MENTS, MINIMUM LOT SIZES, AND PROCEDURAL REQUIREMENTS FOR THE PROCESS-
ING OF LAND USE APPLICATION. THESE AMENDMENTS MAY RESTRICT OR EXPAND
THE USE OF YOUR OR YOUR NEIGHBORS' PROPERTY` IN ALL CURRENT ZONING
DISTRICTS 'IN THE UNINCORPORATED PORTION OF WASHINGTON COUNTY• FOR
EXAMPLE:
1. _ In the' FRC-38 District, it appears that the county may be required
to review every building permit in the FRC-38 District to 'ensure
that forest lands will be retained and protected for existing and
his may mean that building permits by
potential forest uses. T
right,will not be able to be issued for certain residential uses.
2. In the RS-1 District, the minimum lot size for new parcels in the
Urban Intermediate area of Washington County maybe changed from
one acre to a 10 acre size to conform to MSD Urban Growth policies.
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A COPY OF THE PROPOSED ORDINANCE IS ON FILE AT THE OFFICE OF THE PLAN
NING DIRECTOR AND THE DEPARTMENT OF RECORDS AND ELECTIONS AT THE WAST?
INGTON COUNTY ADMINISTRATION BUILDING. FOR FURTHER INFORMATION PLEASEE
CONTACT THE PLANNING DEPARTMENT AT 648-8761.
IN THE BOARD OF COUNTY C01',3P4ISSIONERS
1 FOR WASHINGTON COUNTY, OREGON
2 ( An Ordinance Amending Article II of the
( Community Development Ordinance of Wash-
3 ORDINANCE NO. 223 ( inaton County Relating to Zoning
4 The Board of County Commissioners of Washington County, Oregon
S ordains:
6 SECTION 1.
7 A. The Board of County Commissioners of Washington County, Oregon,
$
recognizing that Article 22 of the Community Development Ordinance,
3 Relating to Zoning, is in need of periodic revision and amendment- to
10 improve the Article and its application and enforcement in Washington
11 County, Oregon, in the interest of public health,, safety and general
12 welfare of County citizens , does hereby determine the necessity of
13 amending Article II as is hereinafter more particularly described.
14 B. The Board further determines and takes public notice that it is
15 necessary to amend said Article II in order that the zoning_text _of
16 Washington County expressly indicates compliance, conformity and com-
17 patibility with all superior land use laws and regulations : of which it
13 implements directly or indirectly.
Z 19 SECTION '2.
°r 20 Article Ii of the Community Development Ordinance of Washington
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V 21 County, 'Oregon, adopted pursuant to those standards of planning and
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E0 22 land use' regulations set forth in ORS (Oregon Revised Statutes) Chapter
0 23 215, and, where the aforesaid statutes do not provide such authority,
Zm 24 pursuant to the Charter of Washington County, is by this Ordinance, '
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�I 25 amended as set forth below. Underlined matter in an amended section is
0 26 new; matter within brackets is the existing language to be omitted.
Pagel ORDINANCE NO. 223
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1 1. Section 165-2 is amended to read:
2 The Minimum Lot provisions of Section 166 shall not
3 apply to cemetery lots. [ , lots created pursuant to lien
4 foreclosure, court orders, or by testate or intestate
6 succession, or by action of governmental eminent domain.]
6 SECTION 33.
7 The Director of the Department of Planning is authorized and directed
3 to cause the page(s) of Article II affected by the foregoing amendment(s)
g to be reprinted to reflect the amendment (s) noting thereon the effec-
10 tive date of this Ordinance and to make the reprinted pages available
11 to the public in the same manner as Article Il.
12 ENACTED this day of _ , IG_, being the
13 reading and _ public hearing before the Board of County
14 Commissioners for Washington County, Oregon.,
15 BOAR—D OF COUNTY COMMISSIONERS
4 FOR WASHINGTON COUNTY, OREGON
16
17 CHAIRMAN
18
RECORDING SECRETARY
19 PUBLIC HEARING
READING
0 20
z� First
om >21 Second`
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Third _
�c 22 Other
aW ' Vote Ave
�6 23 Nay
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zm 24 Recording Secretary `
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oa
25
Z 26 Date
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Paget - ORDINANCE NO. 223
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A WEEKLY NEWSLETTER
VOLUME II Issue 27 November 15, 1979
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City call will be closed on Tivirsda, and. Friday for Thanksgiving.
RICH (' -'x'771 has resigned from the ^ngineering 12-epartr"12nt. His
replacement is beinZ sought at the present time.
T.7-C 'jtlm'''.S,
"embers of the Ti,ard. "unicipal -mployees Association voted to
j11 oin tie Oregon State Trmploy eeS Association. The vote Was hell:
on November 13, 1979.
� r ng ry Woods will receive P1final''
11 indications are that Canterbu <
a-ppro v21 early next week. Final inspections have been made 2nd
only minor corrections need to be made.
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721:7f,
A Citizens Advisory Committee meeting has been scheduled for ,'!ond.ay,
November 19, 1979 at 1.:30 p.m. in the cafeteri.^ of the Phil Lewis
School. The purpose of the meeting is to update the Co-mit tee on the
progress of the proposed project, introduce the environmental i=i-pact
statement and outline the Schedule. OLOm will be presenting this project
to the public and 'to Council on December 3, 1979. A formal nearing
is scheduled for Tednesday,- December 19, ,1979.
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Several weeks ago Staff submitted a grant application for "44,000.00
to, the .Land and '.;ester ,Conservation Fund Program. :se had hoped to ;use
the money in Suraler _T,al;;:e Park. The State_;nas notified all applicants
that Epecial Project A`ands have not been made available because Congress
has not funded Federal Agencies. All requests, have been postponed until
Spring of 1980. . It is .estimated that only ` 300,000.00 viill be made
available although requests total in excess of "2 :billion.