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City Council Packet - 06/09/1964 T I G A R'D CITY C O'U N C I L MINUTES OF RECONVENED MEETING-.JUNE 9 1964 N Council meeting reconvened June 9, 1954, at 7:30 P.M. from the previously recesses: meeting of June 8, 1964. Present: MAyor E. A. Woodard; Councilman F. J. Cooper, F. H. Bergmann; C. E. Mock, Sr; N. E. Johnson and City Attorney F. A. Anderson. The minutes of the May 25, 1954, having been reed the previous evening, June 8, 1964, the meeting proceeded into the regular order of business. be Playor Woodard. The first order of business will/Ordinance number 64-8 in regard to parking on Highway 99W at the intersection of McKenzie Street. However, I would like to ask the Council if they would be willing to set 25 feet on both sides to be the North and South distance from the corner of McKenzie Street. These distances to beinserted in the Ordinance. Councilman Bergmann: I'so move that we insert the distance from McKenzie Street both North and South 25 feet. Seconded by,Councilman Cooper. Upon call for vote the motion was passed by a majority vote, Councilman Johnson voting nay. Ordinancenumber 64-8 was read by title only. Councilman Bergmann: I move we adopt Ordinance 64-8. Motion seconded by Councilman Klock and roll call of vote resulted as follows: Councilman Cooper Aye; Councilman Bergmann Aye; Councilman Klock Aye; Mayor Woodard Aye; Councilman'Johnson Nay. Attorney Anderson: It will be necessary to read the Ordinance at ;the next meetinu inasmuch as it was notlun- animous.ly passed. This should be done at the next meeting ' June '22nd. Mayor Woodard:' In regard to surfacirn, the roads, we must put this in the minutes; I'think Councilman Johnson has a letter. Councilman Johnson: I move we accept and authorize the paving of the 'roads at the figure;`given to us by the County the total of which was ;10,188.87. Motion seconded,by Councilman Cooper and upon call for vote was unansmously approved, all Council members being present. Mayor Woodard: Again we want to bring up in regard to getting an application for the Ash Street Bridge and the Page 1 - 6-9-64 money to he set aside forpaving Ash StreeturtoFrewing Street. As you know we are entitled to $20,000.00 f°o, construiction of a bridge, we won't get that for " roba1_:ly two or three years however we must put .in cur aj.rlication by the first of July of this year in or,ler to otialifv. If Council would aj TJrove of this it would be n first step towarld getting annexation up that way. 6Ve have :a< a lot of requests for sewer and this would hell: get that through. Councilman Bergman: It would be more :important to r_ut in a light. Mayor Woodard: We would do away with the light as we probably would have to put one in at both Walnut and, Johnson. Councilman Cooper moved that the matter be tabled for the time being,but subsequently moved that Council sicrn the resolutions and send them into the State. However, upon discussion between Councilman Cooper, Magor Woodard, and. Councilman Johnson it was decided this matter should be turned over to Councilman Johnson for further develou ment. Mayor Woodard: Next on the agenda, we have to chose an auditor for the 1963-1964 audit. we have a price from Jim Savage of $950.00 and one from L.K. King of $500.00. Attorney Anderson suggested that the price of $500.00 is not a quoted figure it is an estimated fee and there is nothing that states how the fee is to he determine, by the hour. ;In the case of Mr. Savage's letter the fee is said not to exceed the figure provided no unforseen difficulties arise. Councilman Klock: We could ask for a minimum and maximum fee. Attorney Anderson: ;You could have an :indication in that range how it 'could be determined'. Councilman Johnson:' I thin: we should°) <ve a maximumand minimum. Councilman Klock: I move that we hay.-' that we have the auditors clarify their expected cost by indicating the probable cost and the maximum guaranteed range. Motion seconded by Councilman Johnson and upon call for vote was unanimously approved by Council all members being present. :age 2 '- 6-9-64 Mayor Woodard; Is there anybody in the audience who wishes to bring anything up before Council at this tirr,e. Mr. C. L. Woodard zor.: the audience zose and sroke about the party held in the Community Center the evening of May 1, ;1964, at which quite a number of juveniles were in attendance and that a quantity o£ Veer. estimated to ie 3 kegs were available for consumption. There were juveniles from the Tigard area that were involved. I knew what was taking place and im asking the Police Chief whether he wasn't aware of the situation he told me that the less lie knew about it the less he would have to do with it. I asked another member of the Community Board if this was a justified action on the part of our police to by-pass the situation. Mr. Woodard requested the Council to advise if such action on the part of the Police Dept. was justified and if the Council is going to let such action continue. Councilman Bergmann: I have some comments; first of all, the Community Center has been rented out. The state law is very explicit: , there must be a liquor license. We do not rent the Community Hall and unless we are aware of who is renting we can do nothing. The American Legion or any- body goes in and unless the complaint comes in we have no " knowledge. You stated he saw what happened clown there but we would have no cause to go in a check, if he knew there would be no juveniles he would do nothing. I .think the best thing to do since if we knew and we were to turn them in it would stop the revenue down there so the Community Center should be more careful as to who they rent it to. Mayor Woodard: Anybody else have anything to bring up; Councilman Bergmann do you have anything. Councilman Bergmann: I have no formal complaint to bring before the Council and no particular matters. Pie have the activity report, this is always on' file,in the green file in the outer room for anybody to'read. Mr. J. A. Patterson presented a>memorandum the subject of which was an outline of a;proposal for sewer service contract being a proposal for construction of an interceptor sewer line from Laron Heights subdivision number three to connect with the City's new interceptor line near the North boundry of the;City. A copy of this memorandum was ;given to all Council meirkers as well as a plan of the sewer line'. Councilman Klock: I don't see any 'bugs" we have an approach for a greater annexation I would make a motion we accept theipreliminary-drawings and proposal and>in- struct the Attorney to draw up the necessary :legal 'papers Page 3 6-9-64 an ,.ns , _ subi,t.1: :it_ to LhcO UCIi,11C 1 iot VOtl IV 4^, 'c •c_, i In th.a ciscussion on _ m ,c.n _i.c �a=: sLa, Wm,tia ..eo,ar:c t:;t, .,Fixe=_ ;,. ,:ue 1ine at am �.. to so of:1vivo ,._nn ,o t_::11rchase 1_1t:3 iiAe -.t: an\' Sl,,.__ tha_ i7 a::'; ,x.cn :Coll 0(-tc 'r. C. t . T,._ n T,i.[ t i_-; It) Inc. ai7cl a >; 1:i .t <.c tins , tt, .urc DS.L t Upon call for .oLc, l_ito rci a, t..., t r i c. ,crc with Councilman , cnw:n)n vai.Anc nc,. All. C. Inc*J �-,ers were ,;gyres^nt. Mayor W000,ard then cnll(­,.J ul On P6r. Pic tos wilo a cc rnls Council_ and advice;t theni that the xlans in spoc i`ications for expansion of the Citv's sewaoe treat-hent plant are ready to be submitted to Council for consideration. Giese documents are also be submitted to the U.S. Public no-altii Service and Oregon State Sanitary Authority. The r�lans provicie for a plcuit to treat an a ry 'loin of 100,01010 gallons a day, about 230;', of present design capacity. The organic loading has been based on a population of 5:00 plus wasts' from Nalley's being discharged within. agreed 1 The design anticipates a 90,5 reduction in bio- chemical oxygen demand as recjuired by the Board of Health. Mr. Meigs talked further on the bid form and the manner of bidding in a lump sum price. He also went into con- siderable detail with respect to some of the items in the bid and advised that the work was .supposed to be completed within 270 days after notice had been given to the contractor. He further stated the estimate for this -job was $185,000.00 plus the cost of $1500.00 for alternate number one for the new:'digestor and $5500.00 for rebuilding walls of the existing trickling filter or a total estimated cost for -the job $192,000.00. The funds are available based on estimates of contingent costs. We have remaining in the budget $200,000.00 for construction of the sewage treatment plant and this includes the pumping station. This morning I called the State Board of Health and the B.S.P.H.S. with regard,to possible things we could do if we are unable to conclude the contract with Frank T. Matthews for the interceptor sewer. The only thing you might consider and T will not try to say whether it is a lawful thing and that would be to award the contract to the next bidder, the and M.'& S. Construction, their bid was $93,875.75. I think the price that company named is still in the realm of being a fair price,for the work. I talked to Mr. Bertram and he wasn't sure what;we could do because, as he told me, they never had this pro- .' hlem of an unwilling;contractor. He said however, if Page 4 - 6-9-69 Oil you want to you can make an arrana_ement to award the job to the next lowest bidder subject to U.S. Publi.c,IIealth Service approval. The U.S. Public Health Service would need a letter from the 'City saying wing the ac•:ard was `being made to the next lowest bidder. If the City sloes recover the bid bond amount this may have to be subtracted from i the grant. If the Government does not approve giving the job to M.& S. you will have to advertise for new bids. If the award goes to the next lowest 'bidder it is possible you could get a grant increase to cover the additional increased cost. _Mr. ,lensen thinks there may be somemoneyavailable in the next month or so. The grant increase is determinedbythe Oregon State Board of Health. The stipulation by the first of July, the State will not hold the City to that requirement so the thing that might be possible; if you wanted to award to M. & S.; I_went up and talked to Mr. Lombard who was the estimator and asked him if the City were to award this job to you, would you take it, and he said yes, he thought they would, take the job. We can't hold any of these bidders to this job if they do not want to be held. They would not begin the work until later in the summer and no sooner than the first of August. If we advertise all"over again we will not be able to award a contract any sooner than August first. However, if you do decide to readvertise the job I think it takes a considerable element of uncertainty out of it because you will have a brand new bid; you will get bid prices comparable or a little bit higher because everybody is busy and if they take on the job they want to make a little money. I can't tell you how disappointed I-am; I don't think any of us here had any control over it. I think the thing to do is todecide what we are going to do and do it. Mayor Woodard: I think the best thing would be to take the next lower bid and try to get the extra grant.. Attorney Anderson: At a previous meeting this matter was discussed and I wrote: a letter to Mr. Matthews and said that his lclaim:of error had been reviewed and he would receive a contract for execution in due course. At the last regular meeting was authorized and I did submit a contract by certified mail for execution. I wrote him on the 28th of May; I have heard nothing from him except by the"grape-vine'.'- but he would have,a reasonabletime and I don't see anything in the contract saying how long he has to sign., His attorney wants to have a"conference about it tomorirow, I assume he has in mind we ought to 'let Mr. Matthewsoutof it. rMatthews was out here making tests and perhaps he has concluded he may be more willing to lose his bid bond than he would lose if he_performs. - Page 5 - 6-9-64 There are one or two legal angles; he has had sufficient time to execute the contract and is does conform to the invitation; he hasn't objected to the form but to find some way to '`weasel" out of it. If: the City wants to reserve its legal rights under this bid bond another letter should be written stating to the effect that he has had sufficient time to ricin the contract and that his bond will be forfeited if he. doesn't sign within a day or two. We have no definite declination from him, his first letter was not in positive terms. I think the next sten is to demand that he ,fulfill his obligation an cion uc within limited time or ais bond will be Por.foi_eJ and a copy should be sent to Itis surety, S would suggest ,.hat you might want to decide on the bond ton. Mavor Woodard: I would sucTgost the Ar.tarney be instructed to ao ahead under. those I:rocedures ane, clear up this one contractor so if be is not going to acco3-t the job we can at least ao ahead and contract with the next lowest bidder. Attorney Anderson: You may want to have another meeting and decide what action -Jou want to take; maybe'b that time we can have our answer from Wash.inaton. Mr. Meigs: We have a line .i:ncludcd in this contract that goes up Ash Street being developed by Jim Willock. Part of the contract document reads that line he comllei.ed by the 15th of July and the Cita. has Indic Lea that line would be in and ready for service the first:. of A%,ust. That line is not eligible for Federal work, we are going tohaveto decide what we will do about it. Attorney Anderson: Can you bid :it sepazatel,? Mr. Meigs: We can set un a little contract to build that Sine up,Ash Street. Attorney Anderson: I will know tomorrow what the attitude of the 'contractor is; incidently I will report to you tomorrow night (addressing the Mayor) 'what the results of my conference are. There is one thing I would like to say that in our easements we have until' November first for our construction; we are going to have.no condemnation cases. I have been'able :to get an option and a deed -From_` everyone of the recalcitrants; I don't;have all the deeds, I do have all the documents from the people who were not going to sign. Mayor Woodard: As soon as'I find out from the Attorney I'- will give each of you people a call_ Let's pay the bills. Page 6 '- 6-9-64 ,i 11101 1:1 I !; I I A, ill 20,0219FAMINAMB slam Councilman-Treasurer Coorer then read the } il.l.s al:tor which he moved the 1,i1ls be accente(l and Xaa id. rhe motion was seconded by Cournci.lrnan Johnson. Upon call 'or vote- the motion was unanimously approved. All members being present. Councilrian Klock moved for adjournment, motion so condee, b.,, Councilman Johnson and unanimously approved. by Council. Adjournment taken at 10:25 P.b;. Rec_.Ctfullystbrnittcd, City R Corder ATTEST .'•layor x, Page 7 - 6-9-64 June 5, _1964 Mayor E. A. Woodard Councilman F J. Cooper Cotulf'. lm�a F. Ii. tlargmanax Councilman N. z. Johnson Councilman C. E. Klock Sr. City Attorney Fred A. Anderson AGENDA: A+�ETING JUM 8f ±1964 TIGARD CITY CAS IL Parking Ardis f Surfacing Ro f// esoiu a and Ash Street .far x.964--1965 Audit APPci � udi a s / Y Bi11 Y A r Important Rosiness That May me €:fare The council CITY RECORDER A fC r i t 3 h