City Council Packet - 06/22/1964 �a
June19, 1961
Mayor L. A. Woodard
Councilman F. J. Cooper
Councilman F.,H. Bergmann
Councilman N. S. Johnson
Councilman C. S. Klock Sr.
City Attorney Fred A. Anderson
Jp Mr. G. R. 'Meigs, Stevens & Thompson i
AGENDA: MEETING =W�pq�y���y+g196
2 TiVa'gJ[[81 I iL OrVYLV Lr L
Report 49f C L213SC 11k8Y!
Haaem t-0n,ftWsgk property
i
x Matthp contract
1� eaw rii Interceptor Contract
\ $ra :f Paterson Sewer for Study ,
Wil.lock 'Annexation Proposal
Ordinance on Parking 99W & McKenzie
Selection of Auditor
mak; Any Other Important Business That May Be
e.
Brought Before Council
CITY RECORDER
..........
T I G A R'D CITY COUNCIL
MINUTES OF MEETING JUNE 22, 19b4
Present: Mayor E. A. Woodard; Councilrian F. ,J. Cooler;
F. H. Bergmann C. E. Klock, Sr.; N. L do:mson:
and City Attorney F. A. Anderson; in addition
Mr. G. R. Meigs of Stevens and Thompson
The meeting was called 'Lo order by Mayor Woodard at 7:30 Y.M..
The minutes of the meeting of June 8th of the Tigard City
Council and of the Budget Committee were read and upon
call for corrections or omissions the following were offered:
Councilman Cooper advised that onthemotion as indicated
in the second last paragraph on page two that he voted nay
therefore the vote on the motion is changed to show his
dissenting vote.
Attorney Anderson: I believe the minutes should `clearly
indicate that this was a budget meeting. I think it is
set forth perhaps in the body of the minutes but I noticed
the caption .chows`-"Tiaarrl City Council", Poli mic,llt have
trouble finding the Budget Committee Meeting Minutes. I
suggest therefore you add to the title of Tigard City
Council "and Meeting of the Budget Committee There
being no further corrections the minutes were ordered to
stand approved as read.
The minutes of the meeting of June 9, 1964, which,was a
reconvened meeting,from the recessed meeting .of June 8,
1964, were then read. Upon call for corrections or
omissions the following was offered:
Attorney Anderson: On page four at the` first'starting
paragraph on that page; my understanding was that the pro-
posal contained several provisions concerning the acquisition
of the line by the City and I would respectfully suggest
that this wording be made ''the City would have the option
to purchase the line on specific terms." As it now is stated
it could give °the wrong impression.
With this correction the minutes were ordered to stand
approver as read.
The minutes of the meeting of June 11th,. 1964, being a
special meeting werethen read and there being no corrections
or omissions offered the minutes stand approved as read.
Mayor Woodard: The City Attorney has not brought along
the easements for the Willock property.' In order to get
Page -1 = 6-22-64
the sewer up Brookside tract to pet the Trunk line to
Derry Dell we would have to have this easement from
Willock..- I would ask if the members of the Council would
be satisfied if Willocic, kaould sign the easement over to
us for that work.
Councilman Klock: I make a motion we accel-t the easements
at no cost to the City. Motion seconded by Counci1m an
Johnson and upon call for vote was unanimously unproved b,,�
Council all memlbers being present.
Mayor Woodard: The City Attorney has submitted a resolution
with respect to the refusal of Frank T. Afatthews Inc. the
low bidder to formalize the contract for the construction
of the Fanno., Creek Interceptor Sewer Line and to award
the contract to the M. & S. Construction Co.
The City Recorder was asked to read the resolution, the
original of which is attached hereto and made a part of
the minutes the same as if copied herein in full.
CouncilmanCooper: I move we accept this resolution as
read. Motion seconded by Councilman Bergmann.
On the question on the 'motion Councilman Johnson asked;
"Paragraph C; I would like to know why this is in here".
Attorney Anderson: It %s in here because I think- we
have not given up. I suggest we defer it because I
have a -tenative -arrangement to go over the.matter with
his lawyer within a week. I discussed it with him and
there might be some action we can take on the bond. We
should not take any position on this 'legally until we
learn{our position'_from the State Sanitary and the'Fed-
eral Government. I would believe that that"is within
the consideration as to what they think about our second.
low bidder and I would like to see how it lines up with
the Case Law. I am not in position to tell you now,
not having the full facts in connection with that point. 0
He made a bonafide mistake and the contract had a variance
from his proposal and that is his added excuse. I would `
like to get it clear whether he has a :case or not.
Councilman. Klock: His time has 'ended?
Attorney Anderson: When it came to my;attention that the
120 days was not in keeping with the addendum I made a
contract that was in keeping and he has had more than ten
days since then. We have a letter in the file saying he
declined to sign the contract. I dropped a letter (to
M & S) 'extending the time which they would accept 'the
contract.We have submitted to the Federal and State
people the required'materials including an opinion as
Page 2 '- 6-22-64
to our legal position for making the award to the second
bidder. The reason for this Resolution at this time is
'you won't have any regular meeting this month and that
antici sated hawng this clearet? this r.onth. This could
be considered at a slec .al meeting.
Councilman Klock: It merel., states ^:ha� rl. & S. will
receive the contract with the contingencies, that won't
cause us trouble.
Attorney Anderson; We would have to wor': out that Heal
wlt'll M. & S.
Councilman Johnson: Will we have a clear cut deal with
the State Sanitary.
Attorney Anderson: The only problem unresolved is what
the attitude of the Public Health Service will be bases
on their feeling as to whether we should resolicite or
award the contract to the second bidder. On Ash Street
M. & S. have agreed to do that portion of tine work first
so as not to create anv problem there.
A call for vote on the motion resulte,.a in unanimous
approval by Council all members being present anct tae
Resolution was therefore accepted.
Attorney Anderson: I have I believe, forwulaLed'a legal
premise on which the awardis to ',.�e given to the low
udder.
Mayor Woodard:
Anyone in the audience wis}:i to bring any th i ng ul' . (No
response) We will Have reports from the Councilmen.
Councilman Bergmann: I have no formal business to bring
before the Council unless saiteone' has somethinc to rinc
up.
Councilman Cooper then brought up some questions with
respect to the`parkinc of the Police car and following
general discussion Counci ligan Klock moved: I would make
a motion that this remain within Councilman Bergmann's
jurisdiction to have 'the car parked where he 'sees fit
providing li.t is wi.thi;n the City of L'l.i.its o_ t`ie City o
Tigard when not in rise. Motion seconded ny Councilman
Johnson. ' Upon call for vote roll call of vote iesul"-ed
as follows: Councilman Bergmann, Klock and Johnson voting
yes; Councilman Cooper and Mayor Woodard voting no.
Councilman Cooper then l.ointed out that Council regulations
state that Citi- cars are not to be used for private tran-
sportation to and frc;m work. At this tine Councilman
Cooper also read two comr.lain._ letters one from Mr. Dreezen
Page 3 - s6-22-64
o; erator of the Green Valley Tavern aria hr.. Walter Lawson,
operator of.tile Town Tavern with resl ec.. i:o conduct or
Patrolman Goodr.i.c'n in and around their establishments.
Discussion fol.lol-led the reading of --hese letters after
wait} Councilman Klock stated; inasmuch as those letters
are directed against tate police Department and Councilman
Bergmann is in charge of the Police Department, -z wr�uld
make a motion that chose complaints be turned over to the
Councilman in charge of the Department to make a r> ort
to the Council. on it. Motion seconded by Councilman
Johnson. Further discussion followed after which the
vote on the motion was caller] for and I:,assed majority
members of Council, Councilman Cooper voting No.
Councilman Johnson brought up the question of the paving
not being done on 95th and Mayor Woodard advised it was
necessary to order rings for the manholes and as soon as
they were received the rings would be inserted and the
paving around the manholes would be accomplished.
Mayor Woodard: We have before us Ordinance 64-8. This
Ordinance was then read by the Mayor by Title only.
Councilman Klock: ' I'move we accept Ordinance 64-8.
Motion seconded by Councilman Bergmann. Upon call for
- vote Councilman Johnson voted No, Mayor Woodard, Councilmen
Cooper, Bergmann and I:lock voted Yes'. The Ordinance was
therefore adopted.` -
Mayor Woodard then read a letter which he had prepared for
the people to submit at the Metzger Sewer Plant_meeting
at Hillsboro for that_evening. Does the Council feel it
is alright to send this letter to tile:people and let them
take it along to the meeting.
Councilman Klock: I make a motion we accept the letter
for submission to the people involved. Motion seconded by
Councilman Bergmann and upon call for vote was unanimously
passed by Council, all members being present.
Mayor Woodard asked Councilman Johnson if he`'would'get
ahold of the County, Engineer and try to get the billing
for the street work;
Councilman Cooper moved to adjourn. Motion seconded by
Councilman Johnson and unanimously approved ,by Council.
Adjournment taken at 9:00 p.m.
Respectfully submitted,
PCITeREC'0VRDER
'.MAYOR
Page 4 6-22-64
June 22, 1964
t
To WHOM IT MAY CONCERN:
:M
The polic; of the city Council of the City of Tigard is to
cooperate to the fullest extent with the people of the surrounding
'*
: areas for the purpose of working out solutions to the problems of
mai..
the total community.
,? It is recognized that primarily the problem of development
M of the entire area is that of providing sanitary setter service
and disposal facilities. With this in mind, the City of Tigard
r�r
hes now pending for construction the Fanno Creek Interceptor Sewer
Line which generally parallels the Fano Creek drainage from tb
t? North boundary of the City to the disposal plant. The capacity of
this lino is,projewcted to be sufficient to accommodate, as and
when desired, all area lying between the corporate'limits and 121st
Street, and generally bounded on the East by Greenburg Road and on
the West by S. W. FFainutAvenue.
A proposal is presently being considered which contemplates
provision forsower service to a large segment of this area in the
vicinity of Laron Heights, and if the plans materialize a connec-
tion with the Fanny Creek Interceptor Lina will be provided.
It should be- understood that the City of Tigard is vitally
e} interested in working with the residents of the surrounding area
s,
:and will do everything reasonably within its pater to encourage
" 4a nne=t on or to otherwise cooperates for they solution of the
n
problems of our costtnity.
r E. A. Woodard - Haayor