City Council Packet - 10/11/1976 j
TIGARD CITY COUNCIL
REGULAR MEETING
OCTOBER 11, 1976, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
:. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
5. CONSENT AGENDA - (All matters under this heading are considered to be routine
by the City Council and will be enacted in one motion in the
form listed below. There will be no separate discussion of
these items. If 'discussion is desired by any Council member
or member of the audience, that item will be removed from the
Consent Agenda and will be considered separately.)
(a) APPROVAL OF MINUTES, September 27, 1976
(b) Receive and file WRITTEN COMMUNICATIONS
Transmittal Washington County re: formation People's Utility District
in Washington County.
Transmittal Herman Porter resigning from Planning Commission
Memo Attorney Fred Anderson re: Berman v. Wheeler & Killion
(c) APPROVAL OF EXPENDITURES AND INVESTMENTS $92,189.51
(d) Setting of Public Hearing (s) commencing at 8:00 P.M. October 25, 1976,.
at Fowler Junior High School Lecture Room 10865 S.W. Walnut Street, Tigard,
Oregon;
AMENDING TIGARD MUNICIPAL CODE SECTION 17 SUBDIVISIONS AND SECTION 18
ZONING as follows:
(1) Sections 18.48.020 and 18.52.020 of the Tigard Municipal Code
adding certain uses as a conditional use in the "M-3, Light
Industrial" and "M-4, Industrial Park" zones.
(2) Chapter 18.76 of the Tigard Municipal Code by adding an expiration
date of one year for variances not exercised.
(3) Section 18.60.100 of the Tigard Municipal Code to state which' yards may be used for off-street parking and how close to the
property line parking may be.
(4.) Section 18.58.080 (2) of the Tigard Municipal Code to state from where
the front yard landscaping is measured.
(5) Section 17.08.070 of the Tigard Municipal Code to reflect the change
of procedure for planned developments from a conditional use permit
to a zone change.
(6) Section 17.16.010 of the Tigard Municipal Code to require 14 copies
of a preliminary subdivision plan to be submitted for circulation and
review by affected agencies.
6. ACCEPT - .PEDESTRIAN AND BICYCLE PATHWAY EASEMENT
International Dries Co. - Englewood Terrace Located at S.W. Scholls Ferry Road
near Springwood Drive
(a) Recommendation of Director of Public Works
7. APPROVE AND AUTHORIZE EXECUTION OF SANITARY SEWER CONTRACT - Carl L. & Margaret Finley
11260 S.W. Gaarde St. , Tigard, Oregon.
(a) Recommendation of Building Official
8. ACCEPT SEWER EASEMENT Durham Rd. Sewer Extension - Mildred E. Barker, John W. Winters,
Marvin Winters, Francis I. Scheckla and Clarence E. Scheckla - Vicinity of
S.W. Durham and 92nd.
(a) Recommendation of Director of Public Works
9. APPROVE AND AUTHORIZE EXECUTION OF SANITARY SEWER REIMBURSEMENT AGREEMENT
Tualatin Development Co., Inc. - S.W. Durham Road to S.W. Hall Blvd. running
westerly 3342' to S.W. 98th Avenue.
(a) Recommendation of Director of Public Works
10. RESOLUTION NO. 76- RESOLUTION OF CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIPLE
MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO PORTLAND
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION -
Located S.W. Fonner St./Pathfinder II
(a) Recommendation of City Administrator
11. RESOLUTION NO. 76- RESOLUTION OF CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIPLE
MAJORITY ANNEXATION AND RECOMMEND FORWARDING '.TO PORTLAND
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION-
Located 9755 S.W. North Dakota St.
(a) Recommendation of City Administrator
12. PUBLIC HEARINGS - Commencing at 8:00 P.M.
(a) CONDITIONAL USE - John Smith/Greyhound
An appeal of the Planning Commission approval of a request by John Smith
to locate a Greyhound Bus Terminal in the C-3, General Commercial Zone,
on Pacific Highway near S.W. 79th Street. Appeal requested by Tigard
citizens.
Page 2 - Council Agenda - October 11, 1976
(1) Public Hearing Opened
(2) Statement of Facts by Planning Director
(3) Public Testimony
Proponents
Opponenets
Cross Examination
(4) Public Hearing Closed
(5) Consideration by Council
(b) SUBDIVISION - Greensward Park
An appeal of the Planning Commission approval of a proposed subdivision,
Greensward Park Subdivision, to be located on S.W. Hall Blvd. north of
Pinebrook Subdivision in an R-7, Single Family Residential Zone. Appeal
requested by Arthur & Patricia Biggs.
(1) Public Hearing Opened '
(2) Statement of Facts by Planning Director
(3) Public Testimony
Proponents
Opponents
Cross Examination
(4) Public Hearing Closed
(5) Consideration by Council
(c) S.W. PARK STREET SANITARY SEWER IMPROVEMENT DISTRICT
Area located in vicinity of S.W. Derry Dell Court and S.W. Park Street
(1) Public Hearing Opened
(2) Statement of Facts by Director of Public Works
(3) Public Testimony
(4) Public Hearing Closed
(5) Consideration by Council
ORDINANCE. NO. 76- AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION
OF THE CITY COUNCIL OF SEPTEMBER 27, 1976, WITH
RESPECT TO "S.W. PARK STREET SEWER IMPROVEMENT
DISTRICT"; I.PPROVING, RATIFYING AND ADOPTING PLANS,
SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF
SANITARY SEWER SYSTEM: DECLARING RESULTS OF HEARING
HELD WITH RESPECT THERETO, DIRECTING SOLICITATION
OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING
OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY
13. AWARD CONTRACT - STREET RESURFACING
(a) Recommendation of Director of Public Works
14. RESOLUTION NO. 76- A RESOLUTION OF THE TIGARD CITY COUNCIL AND PLANNING
COMMISSION RECOGNIZING THE ACHIEVEMENT OF THE STATE
OF OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION
t TOWARD FURTHERING AND ASSISTING THE ACCOMPLISHMENT OF
t COMPREHENSIVE LAND USE PLANNING BY LOCAL PLANNING
JURISDICTIONS.
(a) Recommendation of Planning Commission
Page 3 - Council Agenda - October 11, 1976
15. RESOLUTION NO. 76- A RESOLUTION OF THE TIGARD CITY COUNCIL AND PLANNING
COMMISSION, EXPRESSING THEIR CONCERN REGARDING TWO
INTERIM DEVELOPMENT TRANSPORTATION POLICIES PROPOSED
FOR BULL MOUNTAIN BY A CITIZENS ADVISORY COMMITTEE
APPOINTED BY WASHINGTON COUNTY.
(a) Recommer_datic. of Planning Commission
16. OTHER
i
EDA Application - Status report
17. ADJOURNMENT
Page 4 - Council Agrrda - October 11, 1976
i
T I G A R D C I T Y C O U N C I L
REGULAR MEETING MINUTE$ OCTOBER 11, 1976
1. ROLL CALL: Present:. Mayor Wilbur A. Bishop; Councilmen John E. Cook, Alan
W. Mickelson, Robert C. Moore, Lynn R. Wakem; R. B, Adams, Chief
of Police; J. A. Bailey, Legal Counsel; Richard Bolen, Planning
Director; Theron. L. Martin, Director of Public Works; Bruce
P. Clark, City Administrator; Doris Hartig, City Recorder;
Arline O'Leary, Administrative Aide,
2. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON-AGENDA ITEMS
(a) No one desired to speak.
3. APPROVAL OF MINUTES, September 27, 1976
(a) Motion to approve; Councilman Moore, seconded by Councilman Cook.
Approved by unanimous vote of Council.
4. WRITTEN COMMUNICATIONS
Transmittal Washington County res formation People's Utility District in
Washington County
Transmittal Herman Porter resigning from Planning Commission
Memo Attorney Fred Anderson res Berman vs. Wheeler & Killion
(a) Motion to receive and file; Councilman Moore, seconded by Counci�msn Cook.
Approved by unanimous vote of Council.
5. APPROVAL OF EXPENDITURES AND INVESTMENTS: $92.189.51
(a) Motion to approve; Councilman Moore, seconded by Councilman Cook.
Approved by unanimous vote of Council.
6. PUBLIC HEARINGS
(a) Councilman Moore requested the setting of the public hearing to be
discussed later under other business.
7. PEDESTRIAN AND BICYCLE PATHWAY EASEMENT - International Dunes Co. - Englowood
Terrace located at S.W. Scholls Ferry Road near Springwood Drive.
(a) Director of Public Works recommended Council accept easement.
(b) Motion to accept; Councilman Cook, seconded by Councilman Wakem.
. i
r (c) Discussion by Council and staff followed.
\ Approved by unanimous vote of Council.
...rte
8. APPROVE AND AUTHORIZE EXECUTION OF SANITARY SEWER CONTRACT - Carl L, and Margaret
Finley, 11260 S,W.. Gaarde Street, Tigard, Oregon.
(a) City Admt4ni,strator recommended Council approval.
(b) Motion by Councilman Moore, seconded by Councilman Cook to approve and authorize
execution of sanitary sewer contract.
Approved by unanimous vote of Council.
91 ACCEPT SEWER EASEMENT Durham Road Sewer Extension - Mildred E; Barker, John W.
Winters, Marvin Winters, Francis I. Scheckla and Clarence E. Scheckla , ViCin#ty
of S.W., Durham and 92nd.
(a) Director of Public Works recommended Council accept sewer easement.
(b) Motion to accept; Councilman Cook, seconded by Councilman Wakom.
Approved by unanimous vote of Council.
10, APPROVE AND AUTHORIZE EXECUTION OF SANITARY SEWER REIMBURSEMENT AGREEMENT
Tualatin Development Co. , Inc. - S.W. Durham Road to S.W. Hall Blvd. rutnnirA4
westerly 3342 feet to S.W, 98th Avenue.
(a) Director of Public Works recommended Council approval.
(b) Motion by Councilman Waken, seconded by Councilman Cook to approve &pA
authorize execution of sanitary sewer reimbursement agreement.
Approved by unanimous vote of Council.
ll. RESOLUTION No. 76i..73 RESOLUTION OF CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIP�E
MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO PORTTaAA1D
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION,
Located S.W. FonnerlPathfinder II
(a) City Admiois tr4tor recommended Council approval,
(b) Motion to adopt; Councilman Moore, seconded by Councilman Mickelson.
Approved by unanimous vote of Council.
12. RE3D4UTION No., 2t,74 RESOLUTION OF CITY COUNCIL ACKNOWLEDGING RECEIPT OF TRIPLE
MAJORITY ANNEXATION AND RECOMMEND FORWARDING TO PORTLAND
METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMkjTSSION,
located 9755 S.W_ North Dakota Street
(a) City Administrator recommended Council adoption.
(b) Motion to adopt; Councilman Mickelson, seconded by Councilman Moore.
Approved by unanimous vote of Council.
.3. AWARD CONTRACT r STREET RESURFACING
(a) Director of Public Works reported bids were duly opened at 3c00 P.;j•
October 7, 1976 at City Administrator's Office, 'Tigard City Hall.
PAGE 2 - COUNCIL MINUTES , OCTOBER 11, 1976
The following bids were received:
Bid Bond
Received Bid
Tualatin Valley Paving Co. Yes Unit Price Per Ton -
21880 S.W. Farmington Road $21.36
Beaverton, Oregon 97005
Oregon Asphaltic Paving Co. Yes Unit Price Per Ton -
1220 S.E. 190th Avenue $23.44
Portland, Oregon 97233
Cascade Construction Co., Inc. Yes Unit Price Per Ton -
P. 0. Box 4267 $15.25
Portland, Oregon 97208
(b) Director of Public Works recommended contract be awarded to Cascade Construction
Company, Inc,
(c) Motion by Councilman Cook, seconded by Councilman Moore to award contract
to Cascade Construction Co. , Inc. and authorize Mayor and City Recorder
to enter into contract with Cascade.
(d) Discussion by Council and staff followed.
Approved by unanimous vote of Council.
14. RESOLUTION No. 76-_ A RESOLUTION OF THE TIGARD CITY COUNCIL AND PLANNING
COMMISSION RECOGNIZING THE ACHIEVEMENT OF THE STATE OF
OREGON LAND CONSERVATION AND DEVELOPMENT COMMISSION
TOWARD FURTHERING AND ASSISTING THE ACCOMPLISHMENT OF
COMPREHENSIVE LAND USE PLANNING BY LOCAL PLANNING
JURISDICTIONS.
(a) Motion by Councilman Moore, seconded by Councilman Mickelson to discuss at
October 18th Study Session.
Approved by unanimous vote of Council.
t5. RESOLUTION No. 76-75 A RESOLUTION OF THE TIGARD CITY COUNCIL AND PLANNING
COMMISSION, EXPRESSING THEIR CONCERN REGARDING TWO INTERIM
DEVELOPMENT TRANSPORTATION POLICIES PROPOSED FOR BULL
MOUNTAIN BY A CITIZENS ADVISORY COMMITTEE APPOINTED BY WASH-
INGTON COUNTY.
(a) Planning Director stated the Chairman of NPO #3 had expressed plans to
make an oral recommendation to Council, but was not present.
(b) Discussion followed by Council and staff.
(c) Motion by Councilman Cook, seconded by Councilman Wakem Resolution No. 76-75
to be considered later under other business.
( Approved by unanimous vote of Council.
PAGE 3 - COUNCIL MINUTES - OCTOBER 11, 1976
16. EDA APPLICATION - Status Report
(a) Planning Director reported the Economic Development Administration had
announced the earliest they will be accepting grants is October 25th.
(b) Planning Director stated staff had completed application forms and were
waiting for final details needed from the architects. Director further
stated pre-applications had been submitted for review to C.R..A,G., State
Clearing House and the State Historical Review Office.
17. PUBLIC HEARINGS - Commencing at 8:00 P.M.
(a) CONDITIONAL USE - John Smith/Greyhound
An appeal of the Planning Commission approval of a request by John Smith
to locate a Greyhound Bus Terminal in the C-3, General Commercial Zone,
on Pacific Highway near S.W. 79th Street. Appeal requested by Tigard
i
citizens.
(1) Public Hearing Opened
r
(2) Planning Director stated facts and findings.
(3) Public Testimony:
Proponents:
James F. Shea, 509 S.W. Taylor, Portland, representing applicant.
Opponents:
Helen Ausmann, 11965 S.W. 79th
Mary Croom, 11720 S.W. 79th
Harold Williams. 11660 S.W. 79th
Cross Examination:
Mrs. Malcomson, 11845 S.W. 79th
Mary Croom, 11720 S.W. 79th
Mr. & Mrs. Wooden
Ed Parker, 11665 S.W. 79th
Ralph Ausmann, 11965 S.W. 79th
Rosealee Ausmann, 11965 S.W. 79th
Mr. Shea responded
(4) Public Hearing Closed
(5) Staff recommendation
Planning Director recommended Council approve subject to the following
conditions.
1. Realignment of the frontage road be worked out with the City
Engineering Department and the State Highway Division bringing the
intersection as close to 90° as practically possible and moved as
far to the South as possible while still providing adequate turning and
maneuvering area for the buses.
PAGE 4 - COUNCIL MINUTES - OCTOBER 11, 1976
3
2. The screening on the south property line be maintained. A landscape
plan be submitted for Design Review Board approval.
3. The existing billboard be removed within 6 months and one low, free
standing sign, not to exceed 230 square feet total surface area, be
allowed subject to Design Review Board approval.
4. The applicant file with the City Recorder an agreement to participate
in a local improvement district to improve the frontage road if changed
to city jurisdiction.
5. No parking be allowed on the frontage road.
6. Drainage be subject to Engineering Department approval.
7. The terminal be used for passengers and light freight only.
8. Left turn movements be evaluated in one year to see if any difficulties
have arisen.
(6) Consideration by Council:
Discussion by Council, staff and applicant followed with regards to scheduled
bus runs, safety of children, traffic congestion and hazards, and left
hand movement off Pacific Highway.
(7) Motion by Councilman Cook, seconded by Councilman Moore to uphold appeal
and deny application request.
Discussion by Council followed with regards to the need for such a
facility in the Tigard area.
Motion approved by 3 to 2, Councilman Wakem and Mickelson voting NAY.
(b) SUBDIVISION - Greensward Park
An appeal of the Planning Commission approval of a proposed subdivision,, :
Greensward Park Subdivision, to be located on S.W. Hall Blvd. north of
PineUrook Subdivision in an R-7, Single Family Residential Zone. Appeal
requested by Arthur & Patricia Biggs.
(1) City Administrator advised Council the appeal had been withdrawn on
October 8, 1976 subject to the condition the request be re-submitted
to the Planning Commission for further consideration. Administrator
further stated the developer had agreed with condition.
(2) Motion by Councilman Cook, seconded by Councilman Wakem to refer
proposed subdivision to the Planning Commission for further
consideration.
Approved by unanimous vote of Council.
(c) S.W. PARK STREET SANITARY SEWER IMPROVEMENT DISTRICT - Area located in
vicinity of S.W. Derry Dell Court and S.W. Park Street.
(1) Public Hearing Opened
(2) Statement of facts given by Director of Public Works.
PAGE 5 - COUNCIL. MINUTES ,- OCTOBER 11, 1976
(3) Public Testimony:
Carl Rice, 10775 S.W. Park and Pete Kolleas, 10855 S.W. Park,
asked questions about project with regards to how cost had been
determined, hook-up fees and estimated completion date.
(4) Public Hearing Closed
(5) Consideration by Council:
Discussion followed by Council., staff and residents within the L.I.D.
with regards to alternative funding methods and completion date
of project.
City Administrator stated that no written remonstrance had been received
from the residents wiLhin the L.I.D
(6) ORDINANCE No. 76-41 AN RESOLUTIONCOFCTHE ICITY GCOUNCIL AND RATIFYING
OFSEPTEMBER 27,
1976, WITH RESPECT TO "S,W. PARK STREET SEWER
IMPROVEMENT DISTRICT"; APPROVING, RATIFYING AND
ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR
CONSTRUCTION OF SANITARY SEWER SYSTEM; DECLARING
RESULTS OF HEARING HELD WITH RESPECT THERETO;
DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION;
PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS,
AND DECLARING AN EMERGENCY.
(7) Motion to adopt Ordinance No. 76-41; Councilman Cook, seconded by
Councilman Wakem.
Approved by unanimous vote of Council.
18. OTHER BUSINESS:
(a) RESOLUTION No. 76-75 A RESOLUTION OF THE TIGARD CITY COUNCIL AND PLANNING
COMMISSION, EXPRESSING THEIR CONCERN REGARDING TWO INTERIM
DEVELOPMENT TRANSPORTATION POLICIES PROPOSED FOR BULL
MOUNTAIN BY A CITIZENS ADVISORY COMMITTEE APPOINTED BY
WASHINGTON COUNTY.
(1) Planning Director called Council's attention to a copy of letter,
from NPO O's chairman. Dick Klumpke, to James McCreight, Chairman of
Washington County Planning Commission.
(2) Discussion followed by Council and staff.
(3) In the absence of NPO X63 Chairman Klumpke, Merrill Berquist, NPO #3
member, urged Council to adopt Resolution No. 76-75.
(4) Motion to adopt; Councilman Moore, seconded by Councilman Mickelson.
Approved by unanimous vote of Council.
(b) SETTING OF PUBLIC HEARING
(1) Motion by Councilman Moore, seconded by Councilman Wakem, to set the
following public hearing commencing at 8:00 P.M. , October 25, 1975, at
Fowler Junior High School Lecture Room, 10865 S.W. Walnut Street, Tigard.
; ;
PAGE 6 —COUNCIL MINUTES - OCTOBER 11, 1976
AMENDING TIGARD MUNICIPAL CODE SECTION 17 SUBDIVISIONS AND SECTION 18
ZONING as follows:
(1) Sections 18.48.020 and 18.52.020 of the Tigard Municipal Code
adding certain uses as a conditional use in the "M-3 Light
Industrial" and "M-4 Industrial Park" zones.
(2) Chapter 18.76 of the Tigard Municipal Code by adding an expiration
date of one year for variances not exercised.
(3) Section 18.60.100 of the Tigard Municipal Code to state which
yards may be used for off-street parking and how close to the
property line parking may be.
(4) Section 18.58.080 (2) of the Tigard Municipal Code to state from
where the front yard landscaping is measured.
(5) Section 17.08.070 of the Tigard Municipal Code to reflect the
change of procedure for planned developments from a conditional
use permit to a zone change.
(6) Section 17.16.010 of the Tigard Municipal Code to require 14 copies
of a preliminary subdivision plan to be submitted for circulation
and review of affected agencies.
Approved by unanimous vote of Council.
19. ADJOURNMENT: 10:00 P.M.
City Recorder
ATTEST:
Mayor
PAGE 7 - COUNCIL MINUTES - OCTOBER 11, 1976
,i
sb
pT N C
_ WASHINGTON COUNTY
ADMINISTRATION BUILDING—150 N. FIRST AVENUE
" q HILLSBORO, OREGON 97123
BOARD OF COMMISSIONERS RECEiED
VIRGINIA DAGG,Chairman �� DANIEL O.POTTER
RICHARD C.HEISLER COUNTY ADMINISTRATIVE OFFICER
RAY MILLER ROOM 418
J.ALLAN PATERSON CITY OF TIGARD IW3I 6Q-8676
MICHAEL SHEPHERD
September 27, 1976
TO: Mayors and City Councils
of Washington County Cities
The Board of Commissioners of Washington County have called a
public meeting for the purpose of discussing the possible
formation of a People's Utility District in Washington County
to provide electrical energy to such a district if formed.
The Board invites the mayor and members of the city council to
attend or to designate some one to represent your city. An
invitation will also be made to the public at large.
It is anticipated that a task group will be formed at this
meeting for the purpose of pursuing the concept of a People's
Utility District.
The meeting will be held on October 20, 1976 at 7:30 p.m. in
the Board of Commissioners Hearing Room, 4th Floor, Washington
County Administration Building, 150 North First Avenue in
Hillsboro.
We will look forward to seeing you, or your representative,
at the meeting.
I cerely rs
D niel 0. Potter
County Administrator
DOP:ams
cc: City Managers/Administrators
f7 '.
y
OvT 51976
GlTY OF .TIGARD
1875 S.W. Gaarde St.
Tigard, Oregon 97223
October 1, 1976
Tigard City Council
Tigard City Hall
Tigard, Oregon 97223
Dear Councilmen:
Due to a change in employment I will be unable to
attend meetings of the Tigard Planning Commission regularly.
Therefore, I wish to resign immediately.
Sincerely yours,
Herman Porter
�J
TICAPD
FSE@ S. W. C=N-E- :Testi_-T ; _
P. O. aQ>: <- ,.^6. 'il_:,F^. EGGfV 97223 -
1&3P-7121
F..eo. A. AN.')=RSON
ZIERRICK H. DI .r.A N September _l 1976
ROC ER F. AtND=-8501
2-EMORA4DUM TO: City Council , City of Tigard
FROM: Fred. A. Anderson
O SUBiECT: AFTER-MATH OF S R_t�!AN V. V.HFE^_.LIE R
AND EI.LLIAh
On September 8, 1974 , at an executive session of the
Council , consideration was given to the then pending settlement
of the above referenced litigation wherein a judgment had been
en .ered in the United States District Court against Ticard officers ,
';'homas A. Killian and Robert Wheeler, and this office was requested
to give .further attention to the matter with the purpose of
encouraging the City' s insurer to pick up the tab for the $3, 000
punitive damage segment of the judgment totaling $9 ,000 .
In that connection the officers employed Richard Stinson
as their attorney and this office cooperated with him by
f1.irnishing all materials which we had accumulated , including briefs
arta legal treatises pertinent to the problem. The pre-existing
_ :se law of Oregon prompted the insurer to deny liability for
-punitive damages and there was not then nor is there now any case
l aw for the outlook treat an insurer is liable for punitive damages
imPosed upon the insured in the circumstances of this case .
Attorney Stinson did not institute any legal proceedings
by way of declaratory relief or otherwise for the reason, as he
related to me, that he felt that certain aspects of the case were
not in favor of the officers and the matter has largely laid
dormant for a number of months. I understand he has no present
plans to oursue the matter further.
Additional research recently by this office discloses the
case of City of 14ewark v. Hartford Accident & Indemnity Co. ,
-"_2 A2d 513 (1975 , the diGest or Which as reported 3n^tze Trial
Law-vers Dlcest of March , 1976, is Quoted as follows:
tl.. T Y— COVERAGE - DUTY TO DF=iI•iD -
•,TJNIC_PAL LIr I,.i.
Federal Cavi' Fights :action =sought. Acai_^,st City' s
Felice Officers Seeking i_j-nages in E..sance =or
S alse Arrest & Imprisonment & Assault & Battery-
1,
t
Memo to Tigard City Council
SE :ta:,�b=r 24, 1976
,
?age Two
--------------------------- t
In Declaratory Action ;rought by C1 ty to Date a lne
Coverage under Liabil= -y Policy as to City Poli ce-
zien, Against Y,-nom Eea__al Civil Rights =•ct Suit Was
Brought. Held, Under 'Policy , t•T_nich Provides Coverage
for Cla?TI:S Lased on raise Arrest, Detent on, Or
imordson :ent or 1-1alicioi:s Prosecution as •.ell as
Assault & Batteries Co_-,uiitted Or Alleged to wave Been
CO,,wni tted in Ef-fecting an Arrest, Federal Claims
.,ere ,overed by Policy t0 the Extent `'r� They Were
Offenses Speciiled in Policy & Com--ton Jw Tor-s i;nJ2_
State Law - Coverage does not extend to clai,:•s for
extortion or for punitive damages - policy does not
offend public policy because it covers intentional
acts. CITY OF NEIIARk v. HARTFORD ACCIDENT & INDE'a1tiITY
CO. , 342 S .2d 513 (N.J.Super. , App. Div. 1975) " .
It appears that the policy involved in the Newark case .Nas
similar or equal to that in force with the City of Tigard at the
time the problem arose thus emphasizing the question whether
reasonable expectation of success would attend any declaratory
proceedings against the City' s insurer to require payment of the
punitive damages. While there are a number of cases where insurers
have been pound liable for payment- of judgments for punitive
danages imposed upon the insured, these cases generally involve
an award for misbehavior such as intoxication, inadvertance , gross
negligence, etc. , as opposed to overt intentional acts pound to
be in violation of the plaintiff' s civil. rights.
It is our understanding that the judgment has been paid in
full, $6, 000 by the insurer and $3,000 by the officers . :nether
the City wishes to challenge the pre-existing rule that punitive t
da-mages awarded against an insured for overt or .intentional acts
are not covered by a liability policy that does provide coverage
for falser arrest, false imprisorLmer_t or other intentional acts
of the officers in performing their duties. This is not to say E
that the pre-existing rule could not be overturned but the
Ber:.<an case has certain weak points, including (a) the officers ,
testified that they arrested Der*man and had him jailed rather
than citing him because 'he "lipped off" at them; (b) that ne
was uncooperative and the in=orrnation given by him as to his
ho address was uncertain, although he identified himself as an
attorney of the State of Orecon who _presur ably could be located
in the event of failure to respond to the c'-tat 30n.
i`. is our recon-men-dation that :e matter be pursued
further ONLY if the City _s willing as Pl aint%_ I =21e CcCla=a-
tory Proceedings to obtain a ruling on the =acts of this as a
t
M7_-0 to "'�card City council
r
Com`-�i:ros
24, -1970'
Page '=-gree
' n
-----------------------
i
test Case as t0 l:hetler or not an insurer Is liable _`Or punitive
damages and this should be then prosecuted by the City rather
than in the name of the officers. It should be :�;ept in mind
also that apparently Federal Judge Burns, being presumably
aware of the Oregon ruling that punitive damages are not generally
covered by liability policies, felt that the officers should be
punished. Otherwise he could have required a remittitur involving
p compensable damages only, omitting punitive damages.
We have at no time been authorized to coed=act any legal
proceedings at the City' s expense in this connection and if any
further attention is desired on our part, please advise us
without delay, otherwise we will consider the case closed.
Our invoice for time spent .to date on this matter is
enclosed.
1
ED. A. ANDERSON
r
rAA/dp
Enclosure
i
8
BILLS PRESENTED FOR PAYMENT
October 11, 1976
GENERAL FUND - U.S. NATIONAL BANK
Check No.
19679 State of Oregon - Motor Vehicle - License Suspension (11) 15.00
19680 Girods - Coffee cups (18) 22.00
19715 Petty Cash - Travel & Subsistance - Misc Office Supplies
(12) 7.75 (14.1) 2.00 (18) 23.93 (20) 1.25
(14) 18.60 (16) 21.52 (19) 2.50 77.55
19716 John Hagman - Mileage (19) 7.65
19717 Public Employees Retire Fund - Social Security
(11) 42.06 (14.2) 34.68 (16) 1390.66 (612) 2169.84
(12) 105.01 (14) 179.42 (15.1) 31.30
(13) 182.42 (14.1) 131.71 (16.3) 73.10 4,340.20
19718 U.S. Bank - Federal Withholding (613) 2,623.00
19719 State of Oregon - State Withholding (614) 1,963.00
19720 UGN - Payroll Withholding (617) 27.00
19721 Oregon Admin. Assoc. - Payroll Withholding (619) 40.29
19722 Western Life Ins. - Police Insurance
(16) 49.40 (618) 7.15 56.55
19723 Tigard Credit Union - Payroll Withholding (609A) 421.52
19724 Washington County Credit Union - Payroll Withholding (609B) 807.00
19725 Tri City CreditUnion - Payroll Withholding (609C) 130.00
19726 Bankers Life Ins. Co. - Police Retirement (608A) 1,338.91
19727 Traveler's Ins. Group - Employees Retirement
(11) 21.57 (13) 35.31 (608B) 132.08 188.96
19728 ICMA - City Admin. Retirement (12) 110.00
19729 Oregon Dental Assoc. - Dental Insurance
(11) 14.88 (13) 94.16 (14.1) 23.58 (16.2) 23.54
(12) 38.42 (14) 53.30 (16) 329.68 577.56
19730 Ben J. Altman - Mileage & Subsistance (14.2) 14.94
19731 N'ancy Edwards - Mileage (14) 3.90
19732 Richard Daniels - Mileage (14) 2.70
19733 John Laws - Mileage (14.1) 3.95
19734 World of Wander - Registration - Children's Literature (15) 10.00
19735 Watt Welding - Refund Landscape Bond (622) 1,500.00
19736 State of Oregon - Employment Division
(11) 56.08 (14) 132.45 (15.1) 13.91
(12) 56.08 (14.1) 167.99 (16) 371.67
(13) 143.83 (14.2) 28.73 (18) 4.12 974.86
19737 TPOA - Payroll Withholding (604) 166.00
19738 State Accident Ins. - State Compensation
(11) 11.40 (14) 43.61 (15.1) 4.71 16 Res 141.70
(12) 33.76 (14.1) 31.52 (16) 3874.60 (615) 172.96
(13) 230.47 (14.2) 5.98 (16.2) 207.31 4,758.02
19739 A-Bog West - Misc Plumbing (18) 1.48
19740 Mr. C's Camera Co. - Film & Processing
(14) 4.68 (16) 12.47 17.15
19741 Wilbur Bishop - Council Meeting (10) 105.00
19742 Robert C. Moore - Council Meeting (10) 105.00
1.9743 John E. Cook - Council Meeting (10) 105.00
,9744 Lynn Wakem - Council Meeting (10) 105.00
19745 Alan Mickelson - Council Meeting (10) 105.00
19746 Columbia Maintenance Janitor Service
(15) 28.00 (16) 52.00 (18) 251.00 331.00
Page 2
Bills Payable
October 11, 1976
^ENERAL FUND - U.S. NATIONAL BANK (cont.)
�. .ieck No.
32.50
19747 Daily Journal of Commerce - Notice to Prospective Bidders (14) 12.65
19748 Richard Bolen - Mileage & Subsistance (11) 4.80
19749 Faye Sundt - Mileage (14.1) 1,660.44
10750 J.K. Gill - Office Equipment (13) 25.50
19751 Internation Conf. of Bldg. Official - Manuals (13) 16.00
19752 Linn Benton Community College - Building Review Course (20) 10.00
19753 Maryatt Industries - Laundry (11) 5.00
19754 Sue Ferrarin - Witness Fee (16) 4.67
19755 Marine Lumber - Building Supply
19756 N.W. Natural Gas Co. - Utility 22.19 41.64
(15) 7.95 (16) 4.53 (18) 6.97 (20)
19757 Rentex Corp. - Laundry 27.65
(15) 6.45 (16) 7.70 (18) 13.50
19758 Schwenn, Bradley, Batchelor - Legal Fees Sept. 1,290.00
(11) 100.00 (18) 1148.00 (20.2) 42.00 (14.1) 20.00
19759 Mary Strickland - Plastic Carpet Cover
19761 S.W. Office Supplies - Office Supplies 7,32
(18) 5.25 (19) 2.07
19762 Don Thomas Petroleum - Gasoline 65.55
(12) 23.49 (13) 17.25 (19) 24.81 (19) 1.14
19763 J. Thayer - Office Supplies (13) 15.89
19764 Tigard Lumber & Bldg. Sup - Misc Bldg Supplies (15) 51.00
19765 Ulverscraft Lge. Print Books - 6 Books (16) 149.00
19766 Valley Communication - Radio Repair Maint - Sept. (20) 8.35
19767 Watt Welding Supply - Oxygen (623) 302.14
19768 Dept. of Commerce - Bldg. Permit Surcharge
19769 Multnomah County - Office Supply
(10) 24.12 (13) 7.62 ( ) 1 (132.84)
47.58 (15) .45 (19)
(11). 2.12 (1G) 173.31
(12) 17.36 (14.1) 34.56 (16) 138.32 (20) 24.68
19770 Times Publication- Notice to Prospective Bidders 25,004.42
Payroll 24,885.16
Total General Fund 49,889.58
SEWER FUND - U.S. NATIONAL BANK
Check No.
19717 Public Employees Retirement Fund - Social Security 553.16
(101) 276.58 (612) 276.58 (612) 687.40
19718 U.S. Bank - Federal Withholding (614) 246.00
19719 State of Oregon - Payroll Withholding (619) 10.30
19721 Oregon Admin. Assoc. - Payroll Withholding (609A) 375.00
19723 Tigard Credit Union - Payroll Withholding (609A) 90.00
19724 Washington Co. Credit Union - Payroll Withholding
19727 Traveler's Ins. - Employees Retirement 189.70
(104) 64.33 (608) 125.37 (108) 61.98
19729 Oregon Dental Service - Dental Ins. (107) 152.65
9736 State of Oregon _ Employment Division
19738 SAIF - State Compensation 656.20
(102) 633.72 (615) 22.48 (202) 8.84
19761 S.W. Office Supply - Printing (270) 45.90
3250 Theron L. Martin - Travel & Subsistance
Page 3
Bills Payable
October 11, 1976
i 'WER FUND - U.S. National Bank (cont.)
..neck No.
3251 Unified Sewerage Agency (753-755.1) 24,048.14
27,125.27
Payroll 2,909.26
Total Sewer Fund 30,034.53
BANCROFT ASSESSMENT FUND - U.S. NATIONAL BANK
Check No.
4151 First National. Bank - Coupons (11) 468.75
STATE TAX STREET - U.S. NATIONAL BANK
Check No.
19717 Public Employees Retirement Fund - Social Security
(101) 276.58 (612) 276.58 553.16
19719 State of Oregon - Payroll Withholding (614) 246.00
19723 Tigard Credit Union - Payroll Withholding (609A) 584.10
19724 Washington Co. Credit Union - Payroll Withholding (609B) 90.00
19727 Travelers Ins. Group - Employees Retirement (104) 64.33
19729 Oregon Dental Service - Dental .Insurance (108) 61.98
19736 State of Oregon - Employment Division (107) 152.65
19738 SAIF - State Compensation
(102) 633.72 (615) 21.20 654.92
19739 A-Boy West - Misc. Plumbing Supplies
(220) 4.90 (240) 1.58 6.48
1.9760 Stark St. Lawn & Garden - Parts & Repair Lawn Mower (240) 42.28
19762 Don Thomas Petroleum - Gas (210) 78.87
19764 Tigard Lumber & Bldg. Supply - Misc. Lumber Supplies
(220) 40.50 (240) 25.24 65.74
19766 Valley Communica,*.ions - Radio Maint. Agreement - Sept. (291) 24.50
4156 Tualatin Valley Paving - Asphalt (220) 62.25
4157 Barbur Blvd. Rentals - Post Hole Digger rental (214) 50.00
4158 Case Tractor & Equip - Backhoe Repair (240) 230.50
4159 Doug's Auto Parts - Misc. Auto Supplies
(210) 5.26 (220) 55.16 (240) 5.72 66.14
4160 Fred Meyer - Peat Moss (220) 20.97
4162 Miller's Automotive - Repair Rear-end truck (210) 156.50 '
4164 Tigard Water District - Park Irrigation (260) 395.50
4165 Tigard Sand & Gravel - Large Rock (220) 34.30
4166 Traffic Safety Supply - Signs (220) 150.30
3,791.47
Payroll 2,819.43
F Total State Tax Street 6,610.90
t
Page 4
Bills Payable
October 11, 1976
ham`'
W- EDERAL REVENUE SHARING FUND - U.S. NATIONAL BANK
Check No.
19717 Public Employee Retirement Fd. - Social Security
(15) 60.96 (21) 165.91 (612) 226.87 453.74
19718 U.S. Bank - Federal Withholding (613) 364.80
19719 State of Oregon - Payroll Withholding (614) 278100
19721 Oregon Admin. Assoc.- Payroll Withholding (619) 9.10
19723 Tigard Credit Union - Payroll Withholding (609A) 301.72
19727 .. Traveler's- Ins. Group - Employees Retirement
(15) 31.26 (21) 76.28 (608) 145.69 253.23
19729 Oregon Dental Service - Dental Insurance
(15) 14.88 (21) 47.08 61.96
19736 State of Oregon - Employment Division
(15) 19.55 (17) 36.86 (21) 31.51 87.92
19738 SAIF - State Compensation
(15.) 25.21 (17) 103.63 (21) 37.58 (615) 21.68 188.10
19750 J.K. Gill - Office Equipment (18) 472.13
19762 Don Thomas Petroleum - Gasoline (16) 447.84
19763 J. Thayer - Office Supplies (21) 13.91
19769 Multnomah County - Office Supplies (21) 7.74
4159 Doug's Auto Parts - Misc Auto Supplies (16) 37.69
4161 Manufacturer's News Inc. - Directory (15) 22.10
4163 Science Year Book - Book (15) 7.95
4167 Vic• Alfanso Ford - Ment Lever (16) 3.71
3,011.64
Payroll 2,174.11
Total F.R.S. Fund 5,185.75
Total Bilis Payable 59,401.55
September Payroll 32,787.96
$92,189.51
1
CITY OF TIGARD
MEMORANDUM
TO: Honorable Mayor and City Council
DATE: October 11, 1976
FROM: Director of Public Works
SUBJECT: Bid Award - Asphalt Overlay of Existing Street Surfaces.
Gentlemen:
Bids for supplying all necessary manpower, equipment and materials for
placement of an asphaltic concrete overlay on designated City streets
were received and opened on Thursday, October 7th at 3:00 P.M.
It is the recommendation of this office that the low bid of Cascade
Construction Company, Inc. in the amount of $15.25 per ton in place
be accepted and that the Mayor and City Recorder be authorized to enter
into an agreement with Cascade Construction Company, Inc. as provided
in the bid proposal.
Theron L. Martin
Agenda Item 13
Bid Opening 3:00 P.M. October 7 , 1976
STREET RESURFACING PROGRAM
Bids were duly opened at 3 :00 P.M. October 7 , 1976 at City
Administrator's Office, Tigard City Hall.
The following bids were received:
Bid
Bond
Received Bid
Tualatin Valley Paving Co. Yes Unit Price Per
21880 S.W. Farmington Rd. Ton - $21.36
Beaverton Or. 97005
Oregon Asphaltic Paving Co. Yes Unit Price Per
1220 S.E. 190th Ave. Ton - $23.44
Portland, Oregon, 97233
Cascade Construction Co. Inc. Yes Unit Price Per
P.O. Box 4267 Ton - $15. 25
f Portland, Or. 97208
i -
�C
Doris Har tig - City corc:er
,4
y
f�
L`
MEMORANDUM
To: City Council
From: Dick Bolen
Subject: NPO #3 concern regarding proposed interim development
policies for Bull Mountain,
Date: October 11, 1976
The attached letter and resolution are in result to
proposed interim development policies for Bull Mountain by
a county citizen advisory committee. The NPO is concerned
about the transportation policies and their attached letter
explains this. The NPO appeared at the Planning Commission
meeting of October 5th and the attached draft resolution is
recommended for Council adoption by the Planning Commission.
James L. McCreight, Chairman
Washington County Planning Commiss • n
County Courthouse
Hillsboro, Oregon 97123
Dear Mr. hicCrei ght :
This letter was drafted by the members in attendance at the
September 29 , 1976, meeting of Neighborhood Planning Or ;anizat.ion
(NPO) =3 for the Derry Dell/Foot of Bull Mountain Nei-nborhood,
a City of Tigard citizen planning body composed of both city and
county residents. Firstly, I would like to express the apprecia-
tion of the members of NPO #3 to the staff of the Vashington
County Planning Department for making available to this body the
interim development policies proposed for the Bull Mountain area.
We especially appreciate receiving this document early enough to
allow sufficient time for a response to your commission . The
western boundary of NPO "3 is the 1'oot of Bull Mountain , running
from 135th on the north to Beef Bend Road near its intersection
with Pacific Highway on the south . This common planning boundary
necessitates the coordination of planning activities between Bull
Mount.an and NPO #3.
The NPO members find the proposed development policies to be
generally compatible with their adopted neighborhood plan with
the exception of two policies relating to traffic circulation .
These policies are found unacceptable as interim policies in that
they pose the threat of future traffic impacts on the residential
streets in NPO -3 while also having the potential of restricting
future traffic circulation planning options when a fully detailed
plan is completed for the Bull P.Sountain area.
The policies of concern to NPO r3 in order of priority are:
A. ADDITIONAL ACCESS AND EGRESS TO THE BULL MOUNTAIN AREAS
SHALL -BE ENCOURAGED IN CONJUNCTION WITH NEW SUBDIVISIONS.
B. MURRAY BLVD. , IF EXTENDED, SHALL BE LOCATED WEST OF BULL
?+FOUNTAIN AND DESIGNED TO CONNECT 1tiITH 9910 IN THE VICINITY
OF SIX CORNERS.
The first policy directly conflicts with the NPO plan in that
ai,y ui.1`ect connections between Bull P:;ount.ain road and 121st-
Gaarde are not recommended. A traffic circulation analysis con-
ducted by Carl Buttke, Consulting Engineer for the City of Tigard,
found that as development continues to occur in this area an add-
itional 500 to 1200 cars daily would be placed on 121st - Gaarde
as a result of such a connection. The NPO is aware that bath the
proposed Ames and Edwards Developments could include a link bet-
ween Gaarde-121st. The NPO's primary concern with these connections,
from a traffic standpoint, is that they will palce an additional
burden upon Gaarde and 121st streets which Mr . Buttke' s report
demonstrates will be tarring in excess of 8,000 vehicles per day
by 1990.
Page 2
MThe N70's concern regarding policy A, leads to their concern
for the s: ._.ond policy . The results of Air. Buttke ' s traffic
analysis ..rows that the existing neighborhood street system :till
be heavily loaded with traffic as the residential development of
this area ,,ontinues. It therefore becomes evident that additional
street facilities may be necessary to carry the traffic flows
which are anticipated. For this reason the NPO has been looking
into a link between Pacific Highway and Sebolls Ferry which ;got?ld
both serve as a direct route into and out of the subject residen-
tial areas and also remove through traffic from the local residen-
tial streets. The NPO has requested CRAG to look into the need
for such a facility and the?-r preliminary analysis has determined
that 9, 000 to 12,000 vehicles per day could be channeled off from
the existing local street system to utilize such a facility . In
addition, the CRAG transportation planners have concurred with the
NPO assumption that such a facility would serve a collector func-
tion to the adjoining residential areas, thereby further reducing
the traffic on local residential streets: Gaarde, 121st , Walnut
and Bull Mountain Road.
The NPO is particularly concerned that they have spent a good
deal of time, effort and public money in developing their plan
and the work done by the Citizen Advisory Committee shows an
apparent disregard for both the conclusions reached regarding
traffic circulation and especially the data base developed in the
process of completing this plan (primarily a 42 page traffic
circulation analysis by a consulting traffic engineer) . Particu-
larly, the ramifications of the county adopting the above stated
y policies relating to traffic circulation have far reaching impacts
upon the residential area comprising NPO 73 which mast be recognized
if orderly planning is to prevail in this portion of the county.
In conclusion, the NPO finds that these two interim development
policies conflict with the NPO #73 plan and also have the potential
of precluding further planning options in attempting to deal with
the traffic circulation problems which will result with continued
development of this area. If the purpose of the county 's adopt-
ing these interim development policies is to provide for orderly
growth while avoiding development which might preclude future
planning options, for development of a detailed plan , then the
adoption of the traffic circulation policies will not accomplish
this. If the policies are adopted as presently written develop-
ment could occur in locations where future street connections may-
h? necessary (specifically the Ames and Edwards properties) . The
.:rC therefore requests the Washington County Planning Commission
to consider adopting all but the traffic circulation related
policies and requests the staff to conduct further study in this
area. A good deal of base information has been developed by the
City of Tigard and CRAG. This information could certainly benefit
the effort to develop interim growth policies which will not be
counterproductive to meeting future traffic circulation needs.
Sincerely,
-Dick Klumpke
Chairman