City Council Minutes - 11/27/2012 Agenda Item No. 2
Meeting of a . a (o . a Q
SINCity of Tigard
Tigard City Council Meeting Minutes ovember 27, 2012
Mayor Dirksen called the meeting to order at 6:34 p.m.
City Council attendance:
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
Staff present: City Manager Wine,Assistant City Manager Newton,Assistant to the City Manager
Mills,Assistant Public Works Director Rager,Parks Facilities Manager Martin,City Attorney Hall,
Human Resources Director Zodrow,City Recorder Wheatley
• STUDY SESSION
A. Update on 2012 Tigard City Council Goal No. 5,Recreation,and Council Direction
Regarding a Recreation Database
Note: This portion of the meeting was conducted in the Town Hall.
Assistant Public Works Director Rager introduced this agenda topic. One of the council's
goals for 2012 was related to recreation. For the first part, the council asked staff to search
the city to identify an inventory to provide to the city's customers to give them an idea of
what recreation opportunities are already provided.
IMParks Facilities Manager Martin advised the inventory has been assembled in an
electronic format,which can be easily kept up to date. The Public Works Department plans
to devise a form that will allow people to make online suggestions regarding the inventory.
After a three-month effort,a list was created and divided into categories and sub-categories
to help people narrow searches. About 300 recreational items are listed in the inventory out
of about 7-800 possible items that could have been included. After review, staff would like
to hear from council members about how many items they would like to have listed on the
inventory. Parks Facilities Manager Martin reviewed the static display of the software used
to develop the inventory to demonstrate how searches could be conducted and the
categories identified;i.e.,sports,crafts,music, cultural arts, classes, etc. Parks Facilities
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Manager Martin referred to a disclaimer authored by the city attorney stating that the City of
Tigard does not offer the programs,but the city is providing links to recreational offerings.
0 Assistant Public Works Director Rager asked if the inventory presented this evening is
what the council had in mind.The next step would be to keep the inventory updated.
0 Councilor Woodard commented that the inventory was a good start and what the Park
and Recreation Advisory Board was looking for to follow through on its goal
recommendations for city recreation. He suggested that a placement holder be created to
direct people to videos of Tigard activities. Mayor Dirksen noted that links to other websites
could be posted as well. Councilor Woodard said he would like to see photos added to the
link information;i.e.,when accessing information on the Tigard swimming pool,there would
be a photo of the facility.
Discussion followed on other ideas and formatting suggestions that could be considered.
An interactive component of this tool would be helpful so people can send feedback to city
officials. This information would be useful to the Park and Recreation Advisory Board for
planning purposes.
HParks Facilities Manager Martin commented on talks with the school district regarding
creating recreational opportunities by partnering with the Tigard-Tualatin School District.
School District officials are receptive to this concept.
9 In response to a comment from Mayor Dirksen,City Manager Wine said the nature of
the types of partnerships under discussion include facility coordination, field operations and
community garden opportunities.
® Councilor Henderson said the inventory as demonstrated this evening looks bland. He
asked if a calendar of events could be included. City Manager Wine responded a calendar of
events for city meetings and city-sponsored events are posted on the city's webpage—there
might be a way to expand this to include recreational opportunities. The mayor suggested
links to other calendars might be a more time-efficient way to provide this information.
Councilor Wilson commented the formatting could be more user friendly.
�C=1 Councilor Woodard suggested logos of different organizations that offer recreational
opportunities could be posted to show support of these organizations and give them
recognition.
IMMayor Dirksen told staff this is a "...great start and the right idea..."
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Council members moved to the Red Rock Creek Conference Room to meet in an Executive
Session and to review the remaining items on the Study Session agenda. (6:55 p.m.)
B. Administrative Items:
• Consent Agenda Item No. 3E (Approve the Purchase of the Rankin Property and
Authorize the city manager to Complete the Property Purchase - Resolution) has been
removed. Sellers' signatures on required documents are pending; this item will be
rescheduled.
• Written Testimony Received for Agenda Item No. 5 -Continuation from November 13,
2012,of Public hearing on urban Forestry Code Revisions:
o John Frewing-November 24,2012 email (attached).
o Justin Wood-November 27,2012 email (attached).
• Council Calendar:
o December
■ 4-Council Meeting and City Center Development Agency Meeting-
6:30 p.m.
■ 11 -Council Business Meeting- 6:30 p.m.
• 18 -Special Council Meeting- Mayor's Farewell Reception,Remarks and
Blue Ribbon Task Force Report - 6:30 p.m.
■ 25 -Christmas -City Hall offices closed
o January
■ 1 -New Year's Day -City Hall offices closed
■ 8 - Council Meeting-Reception,Oath of Office Ceremony, State of the
City,Elect Council President,6:30 p.m.
■ 10 -Council Groundrules Review;Goal Setting Meeting-Fanno Creek
House,9 a.m. - 5 p.m.
■ 15 -Council Workshop Meeting, 6:30 p.m.
■ 22 -Council Business Meeting, 6:30 p.m.
• EXECUTIVE SESSION:The Tigard City Council went into Executive Session at 7:05 p.m.
to discuss exempt public records and to review and evaluate,pursuant to standards,criteria
and policy directives adopted by the governing body, the employment-related
performance of the chief executive officer under ORS 192.660(2)(0 and (i).
Executive Session concluded at 7:26 p.m.
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1. BUSINESS MEETING -NOVEMBER 27,2012
A. Mayor Dirksen called the meeting to order at 7:34 p.m.
B. City Recorder Wheatley called the roll:
Name Present Absent
Mayor Dirksen ✓
Council President Buehner ✓
Councilor Henderson ✓
Councilor Wilson ✓
Councilor Woodard ✓
C. Pledge of Allegiance
D. Council Communications &Liaison Reports: None.
E. Call to Council and Staff for Non-Agenda Items: None.
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication: IM None.
B. Citizen Communication: None.
Mayor Dirksen reviewed the Consent Agenda:
3. CONSENT AGENDA: (Tigard City Council)
A. Approve City Council Meeting Minutes for:
1. September 18,2012
2. October 16,2012
B. Waive Temporary Sign Permit Fees for Tigard-Tualatin Babe Ruth -Resolution
RESOLUTION NO. 12-42-A RESOLUTION WAIVING $162 IN TEMPORARY
SIGN PERMIT FEES FOR THE TIGARD-TUALATIN BABE RUTH
C. Authorize the Mayor to Execute an Intergovernmental Agreement Amendment Allowing
the City to Construct a Turnaround on Metro Property at Woodard Park
D. Add the Woodard Park Parking Project to an Approved Project List in the Parks &
Recreation System Development Charge Study -Resolution
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RESOLUTION NO. 12-43 --A RESOLUTION ADDING THE WOODARD PARK
PARKING PROJECT TO THE APPROVED PROJECTS FOR
NEIGHBORHOOD/POCKET PARKS LIST IN THE PARKS &RECREATION
SYSTEM DEVELOPMENT CHARGE STUDY
E.
This item will be rescheduled. Sellers' signatures
pending.
Motion by Council President Buehner, seconded by Councilor Wilson, to approve the Consent
Agenda.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
4. LEGISLATIVE PUBLIC HEARING-DEVELOPMENT CODE AMENDMENT (DCA 2012-
00001) - PROJECTIONS INTO REQUIRED YARDS
REQUEST:Amend Chapter 18.730.050.D of the Community Development Code to allow,in the
R-12 Zone,bay windows and pop outs with floor area to project into required side yards by one
foot provided they do not: a) exceed 12 feet in length,b) contain over 30% of the dwelling unit side
elevation square footage,and c) the width of the approved side yard is not reduced to less than 3
feet. LOCATION: Citywide. ZONE: R-12. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.380, 18.390, 18.510,and 18.730;Comprehensive Plan Goals 1,
Public Involvement;Goal 2,Land Use Planning;Goal 9, Economic Development; Goal 10,
Housing;and Statewide Planning Goals 1,2,9 and 10.
Mayor Dirksen opened the public hearing.
City Attorney Hall reviewed the hearing procedures.
10 Associate Planner Pagenstecher presented the staff report. The applicant requests a
development code amendment to provide more flexibility in single-family detached building design
on narrow lots within the R-12 zone. The proposed amendment would allow for building
projections under certain size limitations and that includes floor area to extend into required side
yards.
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Council members asked the associate planner for clarification on elements of the proposed code.
Mr. Pagenstecher explained how the recommendation came forward with regard to how the revised
projection into side yards was obtained.
Public Testimony:
i
Proponents:
• Ryan O'Brien, 1862 NE Estate Street,Hillsboro,OR 97124, (applicant) testified in support
of the proposed code amendment noting the successful use for infill development in the City
of Portland and the advantages of allowing the projections into yard setbacks when
designing more attractive homes on small lots.
• Ken Gertz, 19200 SW. 46'h Ave.,Tualatin,OR 97062 (representing the Homebuilders
Association) testified in support of the proposed code amendment. He suggested this type
of amendment also be considered for the R-4.5 and R-7 zoning areas.
Council Consideration:
® Consideration of Ordinance No. 12-08
Motion by Council President Buehner,seconded by Councilor Wilson,to adopt Ordinance No. 12-
08.
ORDINANCE NO. 12-08-AN ORDINANCE AMENDING THE TIGARD COMMUNITY
DEVELOPMENT CODE CHAPTER 18.730,TO ALLOW IN THE R-12 ZONE,BAY
WINDOWS AND PROJECTIONS WITH FLOOR AREA TO EXTEND INTO REQUIRED
YARDS WITH CERTAIN LIMITATIONS (DCA2012-00001)
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
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5. CONTINUATION FROM NOVEMBER 13,2012, OF PUBLIC HEARING ON URBAN
FORESTRY CODE REVISIONS -URBAN FORESTRY CODE REVISION PROJECT-
COMPREHENSIVE PLAN AMENDMENT (CPA) 2011-00004 DEVELOPMENT CODE
AMENDMENT(DCA) 2011-00002
The purpose of the November 27,2012 continuation of this agenda item is to receive a brief staff
report and public testimony, followed by council consideration of the amendments to
Planning Commission's recommendation.
REQUEST:To implement the city's Comprehensive Plan as recommended by the Urban Forestry
Master Plan,the City of Tigard is proposing a Comprehensive Plan Amendment adopting the
"Significant Tree Groves"Map and Tigard Development Code (Title 18) Amendments to Chapters
18.115, 18.120, 18.310, 18.330, 18.350, 18.360, 18.370 18.390, 18.530, 18.610, 18.620, 18.630 18.640,
18.715,18.745, 18.775, 18.790,and 18.798. (Non Land Use Elements) In addition,in support of the
Title 18 amendments,amendments are proposed to the Tigard Municipal Code (TMC) Chapters
1.16,6.01, 6.02,7.40,8.02 through 8.16,9.06,and 9.08.
LOCATION : Citywide. ZONE: Citywide.
APPLICABLE REVIEW CRITERIA:City of Tigard Community Development Code Chapters
18.380 and 18.390;Comprehensive Plan Goals 1,Citizen Involvement;2,Land Use Planning; 5,
Natural Resources; 6,Environmental Quality; 7,Hazards; 8,Parks Recreation,Trails and Open
Space;9,Economic Development; 10,Housing; 11,Public Facilities and Services; 12,
Transportation; 13,Energy Conservation;and 14,Urbanization;METRO'S Urban Growth
Management Functional Plan Titles 1,3, 12 and 13. Statewide Planning Goals 1,2,and 5 through
14.
Mayor Dirksen announced the hearing is a continuation from November 13,2012.
Staff Report: Associate Planner Daniels, Consultant Prager. Written report and PowerPoint
presentation are on file in the record copy of the packet materials.
Council discussed the information and presented questions for clarification of staff and
consultant (Interim Community Development Director McGuire,Associate Planner Daniels,
Consultant Prager)
Public testimony:
• Written testimony received:
o John Frewing,email dated November 24,2012
o Justin Wood,email dated November 27,2012
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• Oral testimony:
o ® Ken Gertz,Homebuilders Association (signed-in as "neutral") presented
testimony. Mr. Gertz advised the Homebuilders Association were not supportive of
moving the canopy percentages from the tree manual (administrative rules) to the
code.The Mayor agreed with Mr. Gertz that the percentages should be in the
administrative rules for greater flexibility should adjustment be needed.
Mr. Gertz said that trees, from a developer's standpoint, fall into four categories:
hazard trees,trees that are in the way of the development design,save trees
incorporated into the development design and the "try to save" trees. The "try to
save trees" are those trees that might be saved but it is unknown as to whether it can
remain until the house designs are finalized for the lot line adjustments are
completed.To avoid having to go to a Type I1 change, should the developer decide
he wants to save or remove the tree,he would automatically place tree in the"cut"
category.This would require the developer to project on his tree plan the number of
canopy replacement trees. Should he be able to save the tree,he would not receive
credit for the tree,which would mean that the replacement trees would still need to
be planted whether they were wanted or not.A simple solution for this problem
would be to refer to CDC 18.790.070 (B) (2) and add the words "or save"within the
language of this section. (Inserted after the word "planted" and before "in.")
Mr. Gertz referred to the tree replacement fees,which the developer would use for
bonding on the project. He noted there were four different fees ranging from$350-
450. He suggested that one fee be selected as a compromise "somewhere in the"
middle" of that range. He noted the basis of the fee was applied to a 3-inch tree,
even though a 1'/2-inch tree would be planted, so the numbers are skewed to the
high end. He recommended the fee be closer to $300 rather than$450.
Mr. Gertz said the City of Tigard might want to consider what the City of Tualatin
does for street trees. In Tualatin a developer pays a flat fee per lot for street trees and
then twice a year the city plants these trees in the locations. This would impress upon
the homeowners that these trees belong to the city. Mr. Gertz said the problem he
has experience with Street trees is not having them live but that homeowners often
remove them.
Mr. Gertz said that HBA is generally in support of the proposed urban forestry code
amendments.
Council consideration of staff list of amendments to the Planning Commission's recommended
draft based on council direction on October 23 and November 13,2012:
Councilor Wilson remarks about the proposed UFCR. Many of his concerns relate to the
complexities,most of which occurs in the Administrative Rules. The code refers to these rules,
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which he thinks should be simplified;therefore, adopting all of these sections now to be effective
March 1 represents a problem for him. He would prefer to adopt all amendments together although
he will no longer be on City Council when the rules are considered for adoption. He said he will be
voting no this evening,not because he does not"like the whole thing,but because it just has not
reached the point where I can support it." Mayor Dirksen urged Councilor Wilson to consider each
amendment separately and determine whether he was opposed or in favor of the amendment
independent of the entire UFCR recommendations.
Addresses
Policy
Amendment Issue Brief Description
1 3 Differentiates between residential and non-residential maintenance
requirements for trees planted with development.
Motion by Council President Buehner, seconded by Councilor
Woodard,to approve Amendment No. 1.
The motion was approved by a unanimous vote of City Council present.
2 4 Removes tree removal permit requirements for single family residential
developments.
HMotion by Council President Buehner, seconded by Councilor
Woodard,to approve Amendment No. 2.
The motion was approved by a unanimous vote of City Council present.
3 5 Clarifies that hazard trees are required to be removed only in response to
verified complaints.
IIIA! Motion by Council President Buehner, seconded by Councilor
Wilson, to approve Amendment No. 3.
The motion was approved by a unanimous vote of City Council present.
4 Enhances the purpose statement in Chapter 18.790 to draw a clear link
between the details in the Urban Forestry Manual and the overall purpose
of the development code revisions.
IRCouncil requested additional explanation by staff. Provides clarity
for the tree canopy approach. Purpose statement amended to add a
description to give a preview,in the code language,of what to expect to
be contained in the administrative rules. Provides information of
legislative intent.
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10 Motion by Council President Buehner,seconded by Councilor
Wilson,to approve Amendment No. 4.
The motion was approved by a unanimous vote of City Council present.
5 7 Adds the canopy requirements to the code to draw a clearer link between
the details in the Urban Forestry Manual and the overall purpose of the
development code revisions.
0 Mayor Dirksen and Council President Buehner noted they were in
opposition to this amendment. Councilor Woodard commented on the
proposed amendment with Mayor Dirksen explaining the complications
with making future changes if required to be done as a land-use action.
The canopy requirements are not the concern;however,a preference was
noted by the mayor that these requirements reside within the
administrative rules. Councilor Woodard confirmed that the
administrative rules would have the enforcement of law.
RMotion by Council President Buehner,Councilor Woodard, that the
council not approve Amendment No. 5.
The motion was approved by a unanimous vote of City Council present.
6 8 Reduces development costs for Minor Land Partitions by not requiring an
arborist or landscape architect for partition projects that can meet the
requirements by planting street trees in open soil volumes only.
UMotion by Mayor Dirksen,seconded by Council President Buehner,
to approve Amendment No. 6.
The motion was approved by a unanimous vote of City Council present.
Consideration of"housekeeping amendments" as identified in the November 27,2012
memorandum from Associate Planner Daniels regarding"Urban Forestry Code Revisions." This
memorandum is on file in the record copy of the meeting packet.
EDMotion by Council President Buehner, seconded by Councilor Woodard, to approve the 13
housekeeping amendments.
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The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
10 Discussion on the ordinance and resolution before the City Council for approval:
A. Urban Forestry Code Revisions -Land Use Elements
1WBefore voting on the proposed Ordinance No. 12-09,statement made by Council President
Buehner,that she still has some concerns about potential litigation from events arising out of the
code,but in an effort to reach consensus,she will vote for the code change. She added that she
hoped the city attorney would keep track of issues and those that raise "red flags" should be brought
to the council immediately.
,10 Mayor Dirksen commented that each councilor likely has some issues that,individually, they
would like to see addressed. Looking at this as a complete package,it is "such a large improvement
over what we have had previously..." He referred to the work by the Task Force and the Planning
Commission,"...and to come up with this compromise that everyone could agree with in general
and in principle is a huge achievement..."
1WCouncilor Woodard said his biggest concerns were cost and privacy issues. He wanted to see
home builders be able to keep down those costs that are passed to the homeowner. As the council
proceeded through the hearing process,his concerns diminished. While he still has a few questions
for clarity, he realized the administrative rules process would assist in keeping the code less
complicated and allow staff to assist customers more efficiently. Councilor Woodard said he still has
some concern about project costs,but he thinks the council will have the opportunity to address this
concern if it does materialize. The end result is a good product.
1WMayor Dirksen closed the public hearing.
1WMotion by Council President Buehner, seconded by Councilor Woodard, to adopt Ordinance
No. 12-09:
ORDINANCE NO. 12-09 -AN ORDINANCE TO ADOPT DEVELOPMENT CODE
AMENDMENT DCA 2011-00002 TO AMEND CHAPTERS 18.115, 18.120, 18.310, 18.350,
18.360, 18.370, 18.390, 18.610, 18.620, 18.630, 18.640, 18.715, 18.745, 18.775, 18.790 AND
18.798 OF THE COMMUNITY DEVELOPMENT CODE,ALONG WITH THE
AMENDMENTS APPROVED BY COUNCIL EARLIER IN THE MEETING.
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Councilor Woodard received clarification that this action would amend the Development Code.
The motion was approved by a majority vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson No
Councilor Woodard Yes
Councilor Woodard asked for clarification regarding the proposed Ordinance No. No. 12-
10. He noted in the"whereas" statements of the ordinance,there are requirements that he
assumes are required by the state. City Attorney Hall advised the "whereas"clauses do not
amend the text of the Comprehensive Plan. The language in the "whereas" clauses: "...decision
to allow,limit or prohibit uses..."is language from statute. Principal Planner McGuire
confirmed that this language documents the process the city went through to demonstrate to the
state that the city followed the state's process.
HMotion by Council President Buehner, seconded by Councilor Woodard, to approve
Ordinance No. 12-10.
ORDINANCE NO. 12-10 -AN ORDINANCE ADOPTING COMPREHENSIVE PLAN
AMENDMENT CPA 2011-00004 TO INCORPORATE A SIGNIFICANT TREE GROVES
MAP INTO THE TIGARD COMPREHENSIVE PLAN
The motion was approved by a majority vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson No
Councilor Woodard Yes
B. Urban Forestry Code Revisions -Non Land Use Elements
0 Motion by Council President Buehner, seconded by Councilor Woodard, to approve,
Ordinance No. 12-11
ORDINANCE NO. 12-11 -AN ORDINANCE TO ADOPT THE NON LAND USE
ELEMENTS OF THE URBAN FORESTRY CODE REVISIONS PROJECT BY
AMENDING CHAPTERS 1.16, 6.01, 6.02, 7.40,CREATING CHAPTERS 8.02, 8.04, 8.06,
8.08, 8.10, 8.12, 8.14,8.16,8.18,AND DELETING CHAPTERS 9.06 AND 9.08 OF THE
TIGARD MUNICIPAL CODE,AS AMENDED EARLIER THIS EVENING.
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The motion was approved by a majority vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson No
Councilor Woodard Yes
G
-Proposed Resolution-Amendments to the Citywide Master Fees and Charges Schedule
Council consensus was to postpone making a decision on the proposed amendments to the
Citywide Master Fees and Charges schedule. This matter will be rescheduled to address City
Council concerns/questions on the proposed fees.
HCity Manager Wine addressed the City Council on the procedural steps regarding the
administrative rules. Staff acknowledges council members' concerns about the complexity,the
perceived prescriptiveness and the level of detail contained in the administrative rules. Associate
Planner Daniels advised staff will use a similar process as used this evening as the City Council
reviews and considers the administrative rules.
9 Mayor Dirksen noted he was pleased with the progress made by the council on the UFCR
project. The end result is an improvement over what"we had before." His concerns at the
beginning were based on comments from citizens about a desire to preserve and enhance the trees
in the City of Tigard and how to do this in a way that was fair in consideration of property owners'
rights. The challenge was difficult. He thanked everyone involved,particularly those who served on
the Task Force.
ElCouncil President Buehner noted deferral of discussions on view corridors and height
restrictions. She said she hoped that staff would schedule these topics for council review in the next
year.
6. COUNCIL LIAISON REPORTS: None.
7. NON AGENDA ITEMS: None.
8. EXECUTIVE SESSION: Not held.
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9. ADJOURNMENT: 9:14 p.m.
Motion by Council President Buehner,seconded by Councilor Wilson,to adjourn the meeting.
The motion was approved by a unanimous vote of City Council present.
Mayor Dirksen Yes
Council President Buehner Yes
Councilor Henderson Yes
Councilor Wilson Yes
Councilor Woodard Yes
atherine Wheatley,City Recorder
Attest:
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Date: •;;t to • a n-1 'S
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