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City Council Packet - 10/28/1968 TI GARD CITY COUNCIL REGULAR MEETING OCTOBER 28, 1968, 7:30 P.M. 1. ROLL CALL: Present: Mayor E.G. 'Kyle, Councilmen Floyd H. Bergmann, Robert C. Moore, Harvey L. Knauss; Fred. A. Anderson, City Attorney; Stephen M. Telfer, City Administrator; Doris Hartig, 'City Recorder. s Absent: Councilman W. ,Del`Ball; Keith C. Thompson, Director of Public Works. 2. PLEDGE OF ALLEGIANCE 3. MINUTES FOR APPROVAL, October 14, 1968. (a) Approved as submitted, 4. COMPREHENSIVE LIABILITY POLICY RENEWAL (a) City Administrator recommended comprehensive liability policy be awarded to Marsh, McLennan --D.K. MacDonald & Co. Inc. for a $500,000, single limit, all risk policy. Annual premium for 3 year policy $2,549. Administrator further stated he had received a letter from Dan Bertuleit of I.A.A. offering an addendum to his bid in that he now could offer the errors and omission coverage for additional $95.00 premium. The original bid was for $300,000. single limit, all risk policy, for a premium of $2,425. making total premium $2,520. (b) Motion by Councilman Moore to authorize City Administrator to award bid for comprehensive liability insurance, 'total premium $2,549, for one year premium on a three year policy. Motion seconded by Councilman Knauss. Approved by unanimous vote of Council present. 5.` BUREAU OF OUTDOOR & RECREATION FUNDS (a) City Administrator requested matter be set-over until such time as an additional contract has been made with Washington'County. Council, 'City Administrator and City Attorney discussed at length present status of 'Cook Park access road. Administrator stated County is considering S.W. 92nd and S.W. 94th Ave. and is in the process of obtaining new roadviewers reports. Public Hearing on road will be held by Washington County Commissioners, November 4, 1968. ' Council `expressed'dissatisfaction over delay in development of'roadway and possible loss of B.O.R. Funds. (b) Motion by Councilman Knauss authorizing Mayor and City Administrator to'draft a statement directed to Washington County Commissioners requesting positive action be taken with 'respect to obtaining entrance to Cook Park. Motion seconded by Councilman Moore. Approved by unanimous vote of Council present. 6.` ORDINANCE No. 68-74 AN'ORDINANCE SETTING HEARING WITH RESPECT TO PETITION':PROPOSING`ANNEXATION OF'LANDS;TO THE CITY OF TIGARD;IN SECTION 3, T2S, ;R1W, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, COMMONLY rDESIGNATED lTHE 11115th AVENUE ANNEXATION". DIRECTING THE GIVING-OF:NOTICE, `AND DECLARING AN EMERGENCY. Page 1 ( :) Setting of Public He;3ring November- 25, 1968, 8:00 B.M. (b) Motion to sct public hear-incl: Councilman Bergmann, seconded by Counciin.ui Moore. .pproved by unanimous vote of Council present. 7, ORDINANCE No.. 68-75 AN ORDINANCE SETTING HEARING WITH RESPECT TO PROPOSED ANNEXATION OF THE LANDS OF STANDARD INVESTMENT CO, in Sec:. 35, TIS, R1W, W.M. WASHINGTON COUNTY, OREGON AND DIRECTING GIVING OF NOTICE THEREOF, (a) Setting of Public Hearing November 25, 1968, 8:00 P.M. (b) Motion to set public hearinq: Councilman Moore, seconded by Councilman Knauss. Approved by unanimous vote of Council present. B. APPROVE 1969 LIQUOR LICENSE RENEWAL APPLICATION -(:a) City Administrator reported police department had approved license renewal applications for: Girod's Super Market Fred Meyer Inc_ Lone O.:ik Restaurant (b) Motion to approve applications: Councilman Bergmann, seconded by Councilman Moore: Approved by unanimous vote of Council present. 9,. ORDINANCE No. 68--.-- AN ORDINANCE GRANTING A ZONE CHANGE WITH RESPECT TO THE LANDS OF ROBERT T. COOPER DEVELOPMENT CO. IN Seca 35, TIS, R1W. W.M, TIGARD, WASHINGTON COUNTY, OREGON, Present Zone-R-7 (Residential) ;; Reauested Zone a --2 (Multiple dwelling) Application denied by Planningand 'Zoning,'Commission (a) Public Hearing 8:00' P,M. Those who testifiea against zone change:. Jerome Petrin, 11570"o.w. 'Grt,,...,ury ,..,dd: Leonard Dicker, 11420 S.W, 94th Gerald Swank, 9445 S.W. Center Street Those who testified for zone change: John Fredricks Realtor, representing Mr. Cooper Public Hearing Closed (b)', Motion to adopt: Councilman Bergmann, seconded by "Councilman Moore. Motion to adopt ordinance failed to pass;by unanimous vote of Council present. 10. ORDINANCE No. 68-76 AN ORDINANCE AUTHORIZING`THE MAYOR AND CITY RECORDER TO EXECUTE ON BEHALF OF THE CITY 'A CERTAIN AGREEMENT BETWEEN THE`CITY OF 'TIGARD AND PARMERS`UNDERWRITERS ASSOCIATION`AND ^EORGIA PACIFICCORPORATION_ CONCERNING S,idER SERVICE. (a) D:otiov to .:dopa: Councilman' Bergmann, seconded by citi,ra�T.m n Knausla. agP 2 Approved by unanimous vote of Council present. 11. SALE OF SURPLUS EQUIPMENT - Sewage Treatment Plant, Multilith Machine and APECO copy machine (a) City Administrator stated City did not receive any bids on surplus equipment. He requested Council authorize City staff to negotiate the disposition of equipment on whatever basis they can secure beat price.` (b) Motion by,Councilman Bergmann to authorize City Administrator to negotiate for the disposal of equipment. Seconded by Councilman Moore. Approved by unanimous vote of Council present. OTHER BUSINESS A. City Attorney requested guidance from Council regarding Davidson zone change litigation. Council discussed matter after meeting in closed session. B. City Administrator stated letter had been received from BENOL Corp. requesting credit on expired building permit 67-51 for Plaza Gardens Apts. taken out in March of 1967. New plans have now been re-submitted and Adn;ini.strator requested Council authorization to retain plan checking fee of $326.25 paid in March 1967 and credit building permit feea'of $553.50 to new plans recently submitted. Council discussed setting a policy to retain plan checking fee and refund building permit fee in the form of credit only. Motion by Councilman Moore establishing a policy that building permit fees shall be refunded in the form of credit and plan checking fees shall be retained by City for services performed. 'Motion seconded by Councilman Bergmann: Motion passed by a vote of 3 t 1. - Councilman Knauss voting "NAY a. Meeting adjourned 8:40 P.M. Ci Recorde / ATTEST: Mayor •Com' i til: October 14, 1968 MEMO TO: City Council FROM: City Administrator RE: Bids on Comprehensive Liability Insurance The City has received three bids on Comprehensive Liability Insurance as per the bid specifications drawn by Fred. Anderson. Fred, and I have had the opportunity to sit down together and review the bids, weighing in each case the coverage offered with respect to the specifications and the premium. After study of the three bids (see attached summary sheet) , I make the following recommendations: 1. The City Council award the contract for Comprehensive General,Liability Insurance coverage to Marsh 6 McLennan D. K. MacDonald and Company, Inc, on the basis of their premium of $2,549.00 for $500,000.00 single limit - all risks coverage. As you can see from the attached summary, the premium cost difference between Option "C" $300,000.00 single limit - all risks coverage versus Option "D" $500,000.00 single_limit - all risks coverage, is only $161.00. I am recommending the $500,000.00 policy at the $161.00 premium - increase in lieu of the $1,000,000,00 umbrella coverage with as additional premium cost of $3,113.00. k 2. The City Council and staff should continue to weigh the liability risks encountered in a rapidly growing governmental agency with the premium costs of a supplementary,umbrella policy such as offered under_Option "G" of the specifications. As you are aware, Chapter 627 Oregon Laws of 1957 limits the = liability of any public body on claims arising,under the act from any single occurrence to'$300,000.00. The statute, however, does not limit the liability of officers,,agents, and;'employees of governmental units. In other words, a serious occurance caused by:the negligence of an employee of the:City, acting within the scope of his employment,' could':give rise to a judgment or claim greater than the City's G;$300,000.00 'liability limit. This would leave the employee with the possibility of having to privately settle any share of the judgment in excess ' of the $300,000.00 limit. At the present°time"the scope of the City's operations and its number of employees does not present 'enough opportunity or risk to warrant the expenditure of $3,113.00 for an 'additional $1,000,000.00 worth of umbrella protection. It is for this reason that I'have elected to recommend that you purchase the $500,000.00 policy, thereby, obtaining an additional $200,000.00 coverage over the statutory limit for the additional $161.00 premium. 3. Should you elect: to award the bid to the Marsh & McLennan firm, our existing comprehensive liability coverage would be cancelled and any premium paid, refunded, on a prorated basis. I would then recommend that you direct metoreview all other ), City insurance policies with an aim towards consolidation. page,2 Policies that cannot be consolidated should perhaps be altered to'provide_for uniform expiration dates, thereby, providing easier analysis and budgeting. 4 i z z Baa O o o zz 0 0 0 o +a ' W a W m v r+ a 0 q>+ r ut 0 C4 1 U w ro > x 4 E A4: q v>• o. rn �n w o � N W U z v o W N o z, H 2 a c H fA q>+ H H R"i M O O O. 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N N W CD o•.n ro . > : $0 �4,N v ar•�, ai u .H:yJ O 44 - 019 a'w10 O.d W H W ro0 ae`ti oy 5 O -40 1 731 > a O H N Zal Z70 3 U �H v U C v h H� � y Q October 23, 1968 TO: Tigard City Council FROM: Tigard Planning & Zoning Commission ( SUBJECT: Zone Change Request: Cooper Development Company A request for a change from R-7 to A-2 on a 4.88 acre site located at 11585-11595 SW Greenburg Road and'11785-11830 SW 95th Street (Map '#l$1 35DC, Tax Lots 2900, 2800, 3900, 4000) Planning and Zoning Action: The Commission and the City Staffrecommenddenial of this application at this time. There is great City Staff concern about the inadequacy of Greenburg Road and of the utilities serving the area. The City Engineer has pointed out problems with the existing sewer service which is now used to capacity and which has particular problems'during' the rainy season. The fire department has also expressed concern about the already reduced water pressure in the area and its effect "on city-wide fire ratings. Reconsideration of the zone change should be made when the road and utility problems have been alleviated. With access shown on 95th and on Greenburg the property is felt to be more suitable for higher density development, than under the previous application (denied January, 1968) when access was only on Greenburg Road. It is also in an area which is forecasted for higher density. Granting the zone change,now however would only aggravate existing problems and;burden rthe entire neighborhood. (The A-2 zone will permit a maximum of 160 units on a 4.8 acre piece of property) i �2tY Tour Ooke5 R '► i R tt -0 �� 9-7 I . f` a II R-7 N It .T 2500 o R.7 -1 - - 21- 90 oSACID ,oa A-2 C9°l un:%under �..' I m Constiruation� ; ) x 4�0p yf00 4400 An application by the 'Coopei' Development Co. for a zone change from the R-7 (single sfamily residential to the A-2 (Multi family residential) of the properties located at 11565 and 11595 SW 'Greenburg Road and,11785 and 11830 SW`95th'Street.