1971 02 23^
V.J
COUNCIL MINUTES -Regular Session February 23,1971
Council Chambers 8:00 P.M.
1000
Members present:=Councilman,Robt.E.Hill,W.B.Moe,Gordon M.
Ebbert,Otto M.Skaug,Ernest V.Lindell and Michael Boyle..
Councilman,Norman W.Johnson was not present.
Mayor Otto Skaug called the meeting to order.He called for a motion to approve
the minutes of the regular meeting of February 9,1971.Councilman Moe called
attention to the omissions noted that were left out erroneously in the mailed copy
but entered into the official minutes,and made a motion to approve the minutes
including the omissions.Second by Hill.Motion carried.
REGULAR BILLS TOTAL AMOUNT PAID
GENERAL $3,227.49
LIBRARY 76.41
PARK 744.38 *
STREET '53.43
URBAN ARTERIAL 5,212.03
EQUIPMENT RENTAL 4,838.18
WATER AND SEWER 611.72
SANITATION 450.00
Motion by Boyle that the regular bills be paid.Second by Lindell.Motion carried.
SPECIAL BILLS -None
Warrant No's 5909 through 5974 in the amount of $15,213.64 were approved
for payment.
RECOGNITION OF BOY SCOUT WEEK
Boy Scouts were present and asked by the Mayor to sit on the platform according '
to their assignment.A scout was assigned to the Mayor and each Councilman
as well as City Manager and City Attorney,and were in attendance to observe
the function of the City Council at their regular meeting.
"PUBLIC HEARING -ORDINANCE -AMENDING ORDINANCE NO.433,AMENDING
RESTRICTIONS FOR UPHOLSTERY UNDER THE TITLE OF "HOME OCCUPATIONS".
(Second reading),/
/o^sr
Mayor Skaug explained the procedure of a public hearing and then opened the
public hearing to those attending the meeting.He asked for questions or comments,•
whereupon Merylee Patterson,owner and operator of Collins Upholstery,1567
Orchard Drive,off of Stratford Road,submitted and read a petition with signatures
of those protesting allowing Upholstery as a "ifome Occupation".The signatures
represented furniture businesses in Moses Lake.The petition also contained
questions and answers regarding rights of property owners (taxpayers),and.
rights of furniture stores,and questioned the qualifications of professional work
regarding upholsterers doing it in their homes.It pointed out there is a
certain fire hazard connected with upholstery and refinishing supplies for
wood-work such as lacquers,and smoking over materials such as cotton,
and a good many others,therefore,the shop rates for fire insurance are
high.The furniture store is licensed in a building paying approximately
$400to$500a month.When you allow upholstery shops in a tome it
opens the door for themto recover used furniture and sell it,hurting the
business man.Also a state law requires all furniture resold to the public
to be fumigated to protect the buyer.• . .
February 23,1971
Mayor Skaug asked if anyone else wished to be heard;there were none,
and the Mayor closed this portion of the public hearing.He was informed
also that no written protests had been submitted.The public hearing was
then turned over to the City Council.
Councilman Hill asked the Fire Chief,Russ Beeman,regarding what fire
hazards he thought were involved in upholstery as a home occupation.
Russ Beeman - That depends oi the process and the material used,then
we can give a definite answer.To his knowledge there is no great hazard.
Gordon Ebbert -The hazards Mrs.Patterson mentioned were smoking around
cotton material and the lacquer that is used for refinishing.
Otto Skaug - Is wood refinishing involved in upholstery?In my estimation
this would involve a different kind of business.
Jack Mitchell,of B.E.M.Furniture -Yes,a certain amount of refinishing
goes along with upholstery,such as refinishing exposed wood parts such
as the arms and legs of the furniture that is being recovered.
Otto Skaug - It could be and could not be considered a part of it then.
Mrs. Patterson -George Harold repairs and refinshes and also does some
upholstering -he does both.
Gordon Ebbert - I see the Planning Commission has approved this amendment.
Was this presented to the Planning Commission?
Mrs.Patterson - No,this is a new experience to me.
Gordon Ebbert -Apparently since this came before the Planning Commission,
there were no protests.
City Manager,Waggener -One of the reasons for this public hearing is that
people are rotaware of it until it gets into ordinance form and presented to
the City Council.
Otto Skaug -asked Mrs.Patterson - Where do you operate your business?
Mrs.Patterson -On Orchard Drive off ofStratford Road -1567 Orchard Drive.
Gordon Ebbert - I don't quite thoroughly understand the protest against an
upholsterer doing the work in his own home, and don't count me'in favor of or
against/I am merely asking a question at this time.Can't there be higher
qualified people doing it in their homes,,or is it the competition with other
•Similar businesses ?
•Mrs.Patterson -Anyone that is really a qualified person will stand back
of their work.A few of these people have taken a County Extension Class
and then consider themselves qualified upholsterers.I teach Upholstery
in the Home Improvement class at the College 4 hours each week,and
people attending this class often classify themselves as qualified and make
it competitive for those in that business.
Bill Moe -Have you read the Ordinance in its entirety?
Mrs.Patterson -Not until I read it in the paper.
Bill Moe - There are quite a number of restrictions set down.Perhaps it
would be a good idea if you would review some of these restrictions.For •
example,no window display,no structural alteration to accommodate the
occupation,shall not occupy more than 25%of the residence's floor area
including storage,and only members cf the family can take part of this.
Mrs.Patterson -The restrictions do not include fire hazards and insurance
coverage;this is a dangerous thing,it has been very trying to obtain coverage
for upholstery businesses.
Bob Hill -Do you know what prompted the Planning Commission to make this
change in the ordinance ?
H
February 23,1971 ±00/
City Manager,Waggener -There were people doing this in their home and the
Building Department questioned the right to do so.Also in answer to zoning
restrictions.The ordinance actually defines home occupations and where
home occupations can be located.Home occupations are not allowed in an
R-lZone.
Mrs.Patterson -Also some of these people have two jobs.They recover a
piece of furniture they pick up;how are they going to fumigate this piece of
furniture.The state law requires fumigation for resale.
Otto Skaug -They could not escape that by merely being a "home occupation".
Mrs.Patterson -If they are going to do this in their home,what price is their
]license against the price of our license?
Otto Skaug -The same -$35.00 per year.
Jack Mitchell -When this came up before the Planning Commission,they
perhaps did not consider neighbors.I don't want anyone recovering furniture
near my property,and I am sure others don't care for it either.That's why
I am against it,it opens the door for anything.
Otto Skaug -In R-l Zone it precludes operation of such a business.
Mrs.Patterson -What is an R-lZone?
City Manager,Waggener -Single Family Dwelling.area so classified.~~
Bill Moe -Would like to hear how the people here feel about other uses
classified as home occupations such as barbers,custom florists,dress
makers.Is it only the upholstery you are concerned about,or everything
it provides in the classification?
Mrs.Patterson -When opening homes for businesses,even one starts th«
ball rolling.
Otto Skaug - As it is the word "upholstery"has been inserted to be allowed
in "home occupations".
^-J Bob Hill - It might be well to point out the fire hazard,wood-work and
cabinet shops are in that category.„•
•%Otto Skaug -They are excluded -definitely not allowed in home occuoations.
Bob Hill -Isn't the fumigating process raising a question,and asked Mrs.
Patterson if all her work required fumigation.
Mrs.Patterson -Only that put up for resale.
Gordon-Ebbert -Whose job is it to police the fumigating part of it?
City.Manager,Waggener -That is a state law,if a piece of furniture is
recovered and then put up for sale,fumigation is required.
Gordon Ebbert -This ordinance would not preclude the sale?
City Manager,Waggener -No,it would not,but the ordinance precludes
fumigation.
Bill Moe -Asked to have the first section of the Ordinance read.
Bob Hill -moved that the public hearing be closed.Second by Lindell.
Motion carried.
lj Bob Hill moved to delay any action until the first meeting in March pending
a report from the Fire Department to the extent of.fire hazard there might be
associated with 'upholstery'as a home occupation.Second by Boyle.
Motion carried.
RESOLUTION NO.517 -ACCEPTING DEED FROM GRANT COUNTY -PENINSULA
DRIVE RIGHT OF WAY FOR PUBLIC ACCESS TO WELL NO.10.
Resolution No.517 was read by title only.The area in question belongs to ^°'
the County through tax foreclosure.Rich Weaver,City Engineer,commented
with this and a certain amount of property that property owners have offered
to deed to the City we will have a full width standard size right of way.
Motion byHillto adopt the resolution.Second by Moe.Motion carried.
1558 February 23,1971
ji REQUEST TO CALL FOR GASOLINE BIDS
A letter was read from the Finance Director,Charles Davenport,requesting
permission to join with the Moses Lake School District #161 and the Moses
Lake Port District for the purpose of bidding the purchase of the annual re
quirements cf gasoline for the City of Moses Lake.The bid opening has been
scheduled for March 2,1971 at the Administration Office of the School District.
This is an annual bid requirement which we have joined with the other two agencies
and resulted in substantial savings to the City.The bid tabulation should be
available for Council consideration at their regular meeting of March 9,1971.
Motion by Ebbert to grant the request for purchase cf gasoline.Second by {**
Lindell.Motion carried.j
CASCADE PARK -PROGRESS REPORT
\\Aletter was read from Wm.R.Skeels,Park &Recreation Director,stating
that the Inter-Agency Committee for Outdoor Recreation has been working
closely with us in securing our 55-year lease for Cascade Park.They have
petitioned the Dept.of Natural Resources to forward a copy of the lease to
the Bureau of Outdoor Recreation for their approval before we sign the lease.
As reported earlier,the Inter-Agency Committee has approved our development
project , but the Bureau of Outdoor Recreation is holding up on their percentage
of the matching monies until the lease is completely straightened out.
We have been authorized by the IAC and the BOR to proceed with some con
struction work in Cascade Park and can proceed with the detailed engineering
plans that we planned to do with our own crews.After the engineering,we
are authorized to do actual construction if we would take the gamble that we
would get the funds.Also we have received a waiver authorizing us to nego
tiate with the Department of Natural Resources for the new lease and still be
eligible to apply for 75%matching funds to help pay for said lease.
Otto Skaug asked - Are you at this moment optimistically inclined toward the
project entirely?
Bill Skeels - I see no doubt -everything is going to work out the way we want
it to work.We are working with three agencies,two are State and one Federal
and they all have their regulations and we have to deal with each of them through
the Inter-Agency Committee.
$
n
STATE BOARD OF HEALTH REGULATIONS CONCERNING PUBLIC WATER SUPPLIES
City Manager,Chet Waggener,stated that the State Board of Health on
December 10,1970,adopted revised regulations concerning public water
supplies.One of the new requirements is that communities prepare Compre
hensive Plans.The Water and Sewer Study authorized by the City Council on
March 25,1969,and accepted on December 8,1970 conforms with those re
quirements .He wanted the Council to be aware cf the fact that had we not
done it when we did,we would be required to do so now.Long range plans
have been done by other cities,but there are many that will be required to do so.
URBAN ARTERIAL PROTECTS -PROGRESS REPORT
n\°\Aletter was read from Richard L.Weaver,Public Works Director,stating r~v
)that the City is fairly well advanced with the construction of Pioneer Way I |
Phase II Project,and well into the design of next year's Urban Arterial i >
Projects and our Phase II-A Pioneer Way Project for Landscaping.The Id
Public Works Director then proceeded to show slides taken on the various
phases of work during construction,which included PioneerWay Phase II,
Milwaukee Alley (LID #24),Northshore Drive (LID#25)and Broadway Overlay,
projects.He noted there were a few design construction errors, suchas loca
tion of some catch basins;this is why some of the streets are being torn up
because of fixing some of these errors.Also three of the traffic signal-arms
February 23,1971
were located in the wrong place.
He stated that the project is near enough to the final settlement on all
items to give a general run-down on costs as follows:
+1.2%
+3.3%
+5.6%
+10.1%
-7.7%
3.
PIONEER WAY PHASE II
Engineers Estimate Project
a.Bid Price
b.Overrun
c.Change Orders
d.Increases In Work
Total Project Cost
L.I.D.24
a.Engineers Estimate
b.Bid Price
c.Underrun
Total Cost
L.I.D.25
a.Engineers Estimate
b.Bid Price
c.Underrun
Total Cost
$813,888.50
783,553.06
9,182.40
26,031*41
43,737.19
$862,504.06
$26,672.00
27,748.30
2,146.50
$25,601.80
$12,918.52
12,505.50
1,608.90 -12.87%
$10,896.60
Washington State Highway Department Project
Section I
a.Engineers Estimate $49,892.43
b. Bid Price 43,507.75
c.Underrun 11,103.45
4.
5.
-25.52%
Total Cost $32,404.30
Section II
*
a.Engineers Estimate $100,346.92
b.Bid Price •109,816.40
c.Overrun 4,494.25 +4 .1%
d.Increase in work 8,679.93 +7.9%
e.Change Orders 3,690.27 +3.4%
Total Cost $126,680.85 +15.4%
Total Project (state Highway Projects)
a.Engineers Estimate $150,239.35
b.Bid Price 153,324.15
c.Underruns 6,609.20 .-4.3%
d.Change Orders .3,690.27 +2.4%
e.Increase In Work 8,679.93 +5.7%
Total Cost $159,085.15 +3.8%
Urban Arterial Board Project
a.Engineers Estimate $624,058.63
b.Bid Price 589,975.11
c.Overruns 19,547.25 +3.3%
d.Change Orders .22,341.14 +3.8%
e.increase In Work 35,057.26 +5.9%
Total Cost $666,920.76 +i3:o<&
The 1971 projects are listed as follows:
Pioneer Way,Phase II-A
Wheeler Road
Locust Lane
Fifth Avenue
Alder Street
PIONEER WAY PHASE II (Retainage Percentage)
A letter was read from Richard L. Weaver, Public Works Director,stat
ing that McAtee and Heathe,prime contractor on this job has proceeded
with the contract and the deficiency item list sufficiently that,under the
terms of RCW 60.28.010,he recommended that the City Council specify
that the amount of the moneyfor retainage be lowered to 5%.
101%
155$
1560
y3
February 23,1971
Bill Moe inquired about the problems involved in broken glass due to the
road construction.
Otto Skaug --The damage is covered by required insurance carried by the
Contractor.Two such damage cases have been taken care of and one is
partially taken care of.
City Manager,Waggoner -Claims that have come through have been sent
on to McAtee and Heathe.
Motion by Hill that the retainage be lowered to 5%.Second by Moe.
Motion carried.
COMMITTEE STRUCTURE FOR PLANNING STANDARDS
f
A letter was read from the City Manager stating that Val Rupeiks presented
a progress report to the City Council on January 26,1971,regarding the City
of Moses Lake "701"Planning Program,at which time he suggested the follow
ing committees be formulated:1.Residential;2.Commercial;3.Industrial;
4.Central Business District;5.Arterial Street;6. Community Facilities.
Committees should have City Council and Planning Commission representation,
and in some instances,citizen members.For example,the Central Business
District Committee should include a property owner fran the CBD. The Chamber
of Commerce should be represented on the Community Facilities Committee,
and probably on the Commercial Committee. Also suggested that a representa
tive from the County be on the Community Facilities Committee.
The City Manager added that this is a follow-up on Val Rupeiks report and
expect his next visit will be within the next month,and requires some action
on our part to have these committees formed and present at his next meeting.
Six committees should represent from 25 to 40 people.
Bill Moe -Would you suggest that the Councilmen provide several names
that could be considered?
City Manager - It might be well to consider this,and that the City Council
meet in a study session.You might want to include the Planning Commission
members in the Session.
The Council concurred to meet on March 2,1971 for a Study Session and
ask the Planning Commission to meet with them on that date regarding
formulation of those particular committees .
RESOLUTION NO.518 -ACCEPTING EASEMENT FROM BURLINGTON NORTHERN,
INC.
This property is located on the Northeast Corner of Highway 17 and Wheeler
Road/and acquired for access road purposes,with the provision the City_
landscaped this area.The easement was granted to the City for $1100.
Motion by Moe to adopt the resolution accepting the easement.Second by
Boyle .Motion carried .
There being no further business before the Council,Boy Scout,Nathan Kerkes,
made motion to adjourn the meeting.Second by Boy Scout Mathew Locey.
Meeting adjourned at 9:55 P.M.
ATTEST:
>ity Clerk,Charles Davenport