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2000 11 285678 MOSES LAKE CITY COUNCIL November 28,2000 Council Present: Richard Pearce,Chris Blessing,LarryTracy,Tom Porter, Ron Covey,Lee Blackwell, and Brent Reese MINUTES:Mr.Blackwell moved that the minutes ofthe November 14 meeting be approved,seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Blackwell movedthat the bills,checks,and prepaid claimsissued be approved,seconded K^J by Mr.Porter,and passed unanimously. Vouchers audited and certifiedby the Finance Directoras required by RCW42.24.080,and those expense reimbursement claims certifiedas required by RCW42.24.090,have been recorded on a listingwhich has been made available to the City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said listforthe Council meeting of November 28, 2000 for the funds listed below are approved in the amount of $334,907.66. GENERAL FUND STREET EQUIPMENT LEASES STREET IMPROVEMENT WATER/SEWER WATER/SEWER CONSTRUCTION WATER/SEWER LEASES Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake MunicipalCode 3.42.030 and the internal control policy approved by the City Council has been recorded on a listingwhich has been made available to the City Council.The claims listed below are ap proved in the amount of $352,540.58 for all funds. GENERAL FUND $78.71 WATER/SEWER 50.00 STREET IMPROVEMENT 332,490.61 WATER/SEWER CONSTRUCTION 19,921.26 TOTAL $352,540.58 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listingwhich has been made available to the City Council.The claims listed below are ap proved in the amount of $4,265.45 forall funds. GENERAL FUND WATER/SEWER AIRPORT ClaimChecks:Checks 7109 through7342 issued on November 13 through November 22,2000 were ap proved for paymentat the Council meeting held on November28,2000 inthe total amountof$1,096,129.78. Payroll:The payroll issued on November 22,2000 having been approved pursuant tothe rule ofthe City Council set forth inMoses LakeMunicipal Code 3.42.040,was paid bychecks 17852through 18015inthe total amount of$1,567.99. II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA -None IV.CONSIDERATION OF BIDS POLICE CARS {^_J Bids were received for one police vehicle.Staff recommended that the bid be awarded to Discovery Ford. Action Taken:Dr.Coveymovedthatthe bid for one police vehicle be awarded to Discovery Ford in the amountof $24,864.39,seconded by Mr.Blackwell,and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS HUMANE SOCIETY The Moses Lake-Grant County Humane Society,Inc.submitted a request for $27,300 as the city's contribution for the Animal Shelter for 2001. u &19,678.20 SANITATION FUND 8,454.55 31,041.70 AIRPORT 187.00 14,308.81 SELF INSURANCE 529.00 178.00 CENTRAL SERVICES 22,897.52 52,228.69 EQUIPMENT RENTAL 56,858.20 118,728.18 BUILDING MAINTENANCE 6,900.04 2,917.77 TOTAL $334,907.66 $2,865.74 CENTRAL SERVICES 898.37 17.22 EQUIPMENT RENTAL 414.12 70.00 TOTAL $4,265.45 /D/7 2/026 ]l IO(°l && 5679 CITY COUNCIL MINUTES:2 November 28, 2000 Marilyn Bertram,representing.the HumaneSociety,statedthattheyare requesting anincreaseinthe funds from the city,which will matchwhat will be received from the county.She mentioned thatthe numberof animalscared foratthe shelter has increased considerably. Fred Rhodes,Finance Director,Humane Society,pointed outthatthe funds from the city are a fee for service. The Humane Society has the only facility that provides a place for unwanted animals in Grant County. Heexplainedthat the cost per animal goes down each year but because the number of animals being cared for increases,total cost tooperatethe shelterkeeps going up. Hementioned thatoverhalfof the operating costs ofthe Humane Societycome from the operation ofthe Calico Cat. There was some discussion by the Council. Action Taken:Mr.Blessing movedthatamount offunding provided tothe Humane Society be increased to $27,300 per year,seconded by Mr.Tracy,and passed unanimously. SINKIUSE SQUARE -IMPROVEMENTS The Moses Lake Business Association has established a committee to explore the possibility of adding improvements to Sinkiuse Square,including sculptures by local artists,a gazebo for displaying public notices,more interesting landscaping,anda fountain.Funds for the improvements will come from private donations and the city. LeeAnn Pauley,representing the Moses Lake Business Association,stated that theyarelooking for funding between $2,000 and $5,000. Dr.Covey pointed outthatSinkiuseSquare was developedatthe requestofthe downtown merchantswho feltthatincreased parking would bring additional shoppers tothe downtownarea. Hewanted to knowifthe proposedimprovements would require the removalof any of the existing parking spaces. Ms. Pauley stated that perhaps4 parkingspaceswould be removed.She mentioned that the merchantsshe has talked to would like to see Sinkiuse Square used for activities and events to draw people to the downtown area. There was some discussion bythe Council anditwas suggested thatthe Parksand RecreationDepartment work with the Business Association to come up with a planto be considered at the next Council retreat. INTERLAKE ROAD CONSTRUCTION Maiers Development Corporation intends to further develop the property on Interlake Road known as Ralph's FirstShort Plat.There is a covenant for street improvements to Interlake Road at this location.The Department of Transportation willbe improving a portionof Interlake between Peninsula Driveand Wapato Drive.That leaves about 330'inthe middle that remains to be improved.The request is forthe city to join the Department ofTransportation and Maiers Development Corporation so that Interlake can be improved the full length between Wapato Drive and Peninsula Drive. Bob Fancher explained the project and requested the city's participation for the completion of Interlake Road. Gary Harer, Municipal Services Director,stated that the improvements would include curb, gutter, and sidewalk and the extension ofwaterand sewer mains.The costofthese improvements is approximately $175 per foot.The 330'of improvements would cost the city about $60,000.There is a covenant on property adjacent to Maiers'propertythat could be called in. Ifthe covenant is called inthe costto the city would be lowered to about $45,000. There was some discussion and theCouncil felt itwould be more efficientto do the entire road atone time, provided the city has funds forthe project. Joseph K.Gavinski,City Manager,stated that the construction costs would come from the Street Improvement Fund which has sufficient funds at this time. ActionTaken:Mr.Blackwellmoved that the city participate inthe development of Interlake Road and that the existing covenant for Interlake Roadbe called in,seconded by Mr.Porter,and passed unanimously. SAND DUNES WASTEWATER TREATMENT PLANT The Sand Dunes Wastewater Treatment Plant Facility Plan was presented forCouncilapproval.The plan evaluates the existing and future plant loading,existing treatment, groundwater evaluation,treatment alternatives,proposed alternative, and project implementation. Gerry McFaul,City Engineer,stated thatthe facility plan was a requirementbythe Departmentof Ecology during the last permitting process.Three years agothe DOE decidedthatthe plantwas inefficient because of nitrate discharges and recommended that the plantbe closed down and a new plantconstructed. He mentioned that the plant is only 16 years old and is not yet paid for.The nitrates are surfacing in the Potholes area and contributing to the increase in plant life.The CleanWater Act allows a maximum of 10 ppm of nitratesbutthe DOE wants the cityto reduce itsnitratesto less than 8 ppm of total nitrogen,which includes nitrates and nitrites.The consultant hired by the city,Varela and Associates,to draw up the plan, n n n ^J U 5680 CITYCOUNCIL MINUTES:3 November 28, 2000 reported thatitwill costthe city $24 million to upgrade the plant and perform otherworkrequired ofthe city. The improvements would increasethe cost ofsewer from $24 permonthto $41 per month.In talking with DOE aboutthis project,the DOE has implied thatthey want the cityto increase itssewer costs to the $41 permonth,provide additional information underthe Environmental review,andthe city must disinfect its wastewater so thatthe coliform will stop about 1,000 from the plant.The coliform currently does notgo beyond the city's property atthe plantand the staff objects to spending the $1 million itwouldcost for the disinfection equipmentwhenitwill notaffectthedowngradient waterquality.The Department of Health also reviews this plan and is requiring an expensive engineering evaluation forthe reclamation of water. He stated that staff is requesting approval of the submitted plan,which does not include disinfection or additional evaluation. Mr.Pearcewanted to know ifthe cityhas any recourseorcouldobtainrelieffrom any of the bureaucratic mandates. Joseph K.Gavinski,CityManager,stated that becauseofthe nitrogen problemthe cityisfacedwiththe $41 per month sewer charge. The increase in sewer rates is a result of AKART (all known and reasonable technologies)tosolvethe nitrate problem.The argumentiswhatisreasonableandthatbringsinthe ground waterstandardsand anti-degradation issues. The position ofthe DOE isthatthereshouldbe nochangeto the compositionofthe aquiferandthat even ifthe methods used bythe cityareefficientandless expensive, ifitdoes not cost the full $41 per month they are not sufficient. There was some discussion by the Council. The public hearing was opened. Mac McLanahan, former city employee,stated that Craig Riley is a very difficultperson to deal with. ActionTaken:Mr.Blackwellmoved thatthe publichearingbe closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Porter moved that the plan be accepted,seconded by Blackwell, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -2001 BUDGET -SECOND READING/PUBLIC HEARING An ordinance was presented which adopts a budget for the year 2001. The ordinance adopting the budget forthe City of Moses Lake,Washington forthe year of 2001 was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Blessing,and passed unanimously. Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. ORDINANCE -IMPOUNDED VEHICLES -2ND READING An ordinance was presented which provides the process for the release of impounded vehicles. The ordinance creating Chapter 10.40 of the Moses Lake Municipal Code entitled "Vehicle Impounds After Certain Arrests and Citations"was read by title only. Joel Martin,1539 Daniel, felt that this ordinancecould become a burden on the low income personswhose cars are impounded. There was some discussion by the Council. i )Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Dr. ^•^Covey,and passed unanimously. RESOLUTION -PERSONNEL RULES.POLICIES.AND PROCEDURES A resolution was presented which updates certain provisions regarding personnel rules, policies, and procedures. The resolution setting personnel policies,compensation,and benefits,was read by title only. Action Taken:Dr.Covey moved that the resolution be adopted,seconded by Mr. Porter,and passed unanimously. /O/O /OJ7 /O90? •OH" llfr lltlS 5681 CITY COUNCIL MINUTES:4 November 28,2000 RESOLUTION -ACCEPT DONATION -WAL-MART A resolution was presented which accepts a $1,000 donation from the Wal-Mart Foundation which is to be used for the Special Olympics Program. The resolution accepting a cash donation of $1,000 from the Wal-Mart Foundation was read by title only. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Porter, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS DESERPOINT FIRST ADDITION MAJOR PRELIMINARY PLAT Phil Bloom,Columbia Northwest Engineering,has submitted a preliminary plat for a one lot major plat located at the intersection of Yonezawa Boulevard and Clover Drive.The area is zoned C-2,General Commercial and Business.The Planning Commission recommendedto theCouncil that the preliminaryplat be approved along with the following variances: 1.A varianceto the requirement to construct curbs,gutters,sidewalks,and fire hydrants on Highway 17. Highway 17 is a state highway and is currently constructed to state standards. 2. A variance to the requirementto install fire hydrants every 300'on Yonezawa Boulevard and Clover Drive.The Council previously granted a variance allowing the installation of fire hydrants every 1,000'. Mr.Blessing declared an appearance of fairness issue and exited the room. Gilbert Alvarado,Community Development Director,stated that the city received comments from the Department of Transportation on the Determination of Non-Significance issued by the city.The DOT requested thatthe city require the developerto provide a transportation study as partof this project.The city did not feel a traffic study was appropriate forthis project and did not require such a study. Mr.Bloom requested that the requirement to construct sewer on Highway 17 also be waived.x~s Action Taken:Mr.Porter moved thatthe preliminary platbeapproved,the following variances beapproved: 1.A variance to the requirement to construct curbs,gutters,sidewalks,and fire hydrants on Highway 17. Highway 17 is a state highway and is currently constructed to state standards. 2. A variance to the requirement to installfire hydrants every 300'on Yonezawa Boulevard and Clover Drive.The Council has previously granted a varianceallowingthe installationof fire hydrants every 1,000'. 3. A variance to the requirement to construct sewer on Highway 17. and the comments of the City Engineer be addressed,and the Findingsof Factbe accepted,seconded by Mr.Tracy, and passed unanimously. SHADY NOOK MOBILE HOME PARK SHORT PLAT -VARIANCE Phil Bloom,Columbia Northwest Engineering,has submitted a one lot preliminary short platforthe Shady Nook Mobile Home Park.The site is locatedon BalsamStreet and 7th Avenue. As part ofthe preliminary platapplication,the proponent is requesting a platvariance fromthe requirements to design and construct Balsam Street to city standards.The Planning Commission recommended thatthe variance be granted with the stipulation thata covenant runwiththe landforfuturestreet and utility improvements on Balsam Street. Gilbert Alvarado,Community Development Director,stated that the property owner, Loris Harrell,had requested avariance forthe constructionofsidewalkalongSeventh Avenue.Sidewalk alreadyexists along Seventh except for about 40'.The variance request was withdrawn and Mr.Harrell will be constructing the ^_ remaining 40'of needed sidewalk on Seventh Avenue. This preliminary plattakes in the existing non-(j conforming mobilehome parkas wellas vacant property.Any expansion of the parkintothe plattedarea will have to meet current mobile home park standards. Mr.Bloom stated that this is a re-submittal of a platthat has expired. ActionTaken:Mr.Porter moved that the variance request be granted withthe stipulation that a covenant run with the land for the improvements at a future date, seconded by Mr.Blackwell,and passed unanimously. n 5682 CITY COUNCIL MINUTES:5 November 28,2000 RESOLUTION -BUILD ON UNPLATTED PROPERTY -UNITED METHODIST CHURCH w-w _^y A resolution was presented which would allowthe United Methodist Church, to buildon unplatted property, Tax 3322,located at 746 Ironwood.The proposal is to construct an addition to connect the existing sanctuary and education building.The addition would contain office space and conference rooms.The site is zoned R-2,Single Familyand Two Family Residential.The Planning Commission recommended that the request to build on unplatted property be granted with the stipulation that a covenant run with the land for construction of street and utility improvements in the future. Gilbert Alvarado,Community Development Director,stated that when the existing buildings were originally \^_J constructed,there was a plat proposed but never completed.The Commission felt that,because all existing improvements have been installed in this area except for sidewalks,there would be no need for platting if a covenantwere provided for sidewalk construction at a future date. Neil Gwen,representing the church, did not feel there would be any advantageto platting since the intent is to simply connect the two existing buildings. The resolution allowing the Methodist Church of Moses Lake to buildon unplatted property was read by title only. Action Taken:Mr.Tracy moved that the resolution be adopted,seconded by Mr.Porter, and passed unanimously. ORDINANCE -FARMER DRIVE REZONE -1ST READING >/<?£ The City of Moses Lake is requesting a zone change forthe residential properties which fronton the street commonly known as Farmer Drive from Heavy Industrial to a R-3,Multi-family Residential.The Farmer Drive propertieswere annexed on April 26,2000and simultaneously zoned Agricultureper Municipal Code requirement.The city rezoned the propertiesto Heavy Industrial on July 11,2000.Asa resultallresidential uses in the area became non-conforming,because residential land uses are prohibitedwithin industrial zoning districts. As a result of a home owner wishing to construct an addition to his home located inthe Heavy Industrial Zone, the Council and Commission became concerned that these property owners may be burdenedwithunreasonable procedural requirementsunderthe non-conforming uses regulations.The Commission considered a rezone to the residentialpropertyalong Farmer Drive and recommended to the Council the rezone be approved. (^J The ordinance amending Section 18.09.020 ofthe Moses Lake Municipal Code was read by title only. Action Taken:Mr.Blackwell moved thatthe first reading ofthe ordinance be accepted,secondedby Mr. Reese,and passed unanimously. ORDINANCE -SIGN REGULATIONS -1ST READING Anordinance was presented which establishes newregulations for signswithin thecity limits.Theordinance wasdrafted bya committee consisting of Planning Commissioners,representatives from sign companies, and city staff. Gilbert Alvarado,Community Development Director,distributed a copy ofthesign ordinance and explained thatthechanges requested bythe Council atthe study session have been incorporated into the ordinance. The ordinance deleting Chapter 18.56 oftheMosesLakeMunicipal Codeentitled "SignsandBillboards"and creating Chapter 18.58 ofthe Moses Lake Municipal Codeentitled "Signs"was read by title only. Action Taken:Dr.Covey moved thatthe first reading oftheordinance be accepted,seconded byMr.Porter, and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION STREET CONSTRUCTION PROJECT 2000 -ACCEPTWORK Basin Paving Company has completed the 2000Street Construction Project.This project consisted of paving the parking lot at the Vista Drive Ballfields and the Cascade Park Soccer Fields,full street i j improvements at7th Avenue and Columbia Avenue,and paving the alleys at the post office and behind ^-^Skaug's Carpet.Paving the alley behind Skaug's Carpet was originally delayed until after the phone company andthe PUD installed their underground conduit.Sincethe phonecompanyandthe PUD have delayedthe conduit installation until next year,staffdeleted paving the alley from the project. Action Taken:Mr.Blackwell moved thatthe work be accepted,seconded by Mr.Porter,and passed unanimously. LPS CHURCH -NOTICE OF INTENT TO ANNEX The LDS Church has submitted a Notice of Intention toCommence Annexation Proceedings for property located immediately adjacent to the city limits on Nelson Road. The Planning Commission has recommendedthatthe Notice of Intent toCommence Annexation Proceedings be accepted. /os^/ /DJ? /osf /IMM )\rt l//o 5683 CITY COUNCIL MINUTES:6 November 28, 2000 Action Taken:Dr.Covey moved thatthe Notice of Intention to Commence Annexation Proceedings be accepted and staff be directed to draw simultaneous adoptionof proposed zoning indebtedness,seconded by Mr.Blackwell, up the petition which shall include the requirement for the regulations and the assumption of allor any portion of existing and passed unanimously. SUMMER CONCERT SERIES -CONTRACT I Council authorization was requested for the City Manager to sign the agreement with Burke Marketing/Promotions forthe production of the 2001 Moses Lake Summer Concert Series. Action Taken:Dr.Covey moved that theCity Manager be authorized tosign thecontract,seconded by Mr. Blackwell,and passed unanimously.j SCHOOL RESOURCE OFFICER -CONTRACT Council authorization was requested for theCity Manager tosigntheagreementwith theMosesLakeSchool District wherebythe citywould supplya Police Department employee as a SchoolResource Officer. Action Taken:Mr.Porter moved thattheCity Manager be authorized to sign thecontract,seconded byMr. Tracy, and passed unanimously. JCrf NEPPEL CROSSING -CHRISTMAS LIGHTING Jerry Thaut,Parks and Recreation Director^reported that to take on the project ofputting lights on the trees along Neppel Crossing wouldcost the city.$1,433 for personnel and$500 in lights peryear. Action Taken:Mr.Blackwell movedthatthisitembe removed from the table,seconded by Mr.Tracy,and passed unanimously. Mr.Thaut explained that some of the costs are fortraffic control since the crews will have to use a bucket truck to install the lights. SallyMacLanahan,SoroptimistInternational,gave the Council some backgroundonthe lighting ofthetrees on Neppel Crossing.She stated that Soroptimist would be willing to contribute $100 a year forlights fora certain periodoftime.She mentioned that forthe past fouryears the Job Corps has placed the cord holders on the trees.She recommended that the lights not be placed clear to the top ofthe trees,that way a bucket truck would not be needed for the installation ofthe lights. There was some discussion. Action Taken:Mr.Reese moved that the city take on the project of lighting the trees on Neppel Crossing, seconded by Dr.Covey,and passed unanimously. ICE SKATING RINKCONSTRUCTION The Council has previously put on hold the construction of the Olympic sized ice skating rink. Inthe 2001 budget there has been allocated $280,000 for this project. Jerry Thaut, Parks and Recreation Director,distributed informationwhich shows the minimum amount of work required forthe projectand the costs.He pointed out that itwill cost $332,146 forthe minimum amount of work and requested Council direction on whether or not to proceed with this project. Joseph K.Gavinski,City Manager,stated that if Council wishes to proceed with the ice skating rink, additional funds will have to be budgeted tor the project. There was some discussion by the Council and no action was taken. X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS \g LIMITED PARKING -THIRD AVENUE Mr.Blessing stated that he had received a request to limit parking to two hours on Third Avenue from Pioneer Way to Elder Street. There was some discussion by the Council about the parking on Third Avenue. Joseph K.Gavinski,City Manager,stated that two hour parking is already in place on Third Avenue. Mr.Porter statedthat he has been contacted by downtown businessownerswho have no employee parking. There employees are parking on the streetwhich creates problems because parking is limited two hours. He felt that,since the parking at Sinkiuse Square is seldom full,one solution may beto lease some ofthose parking spaces to business owners for employee parking. n n n 5684 CITY COUNCIL MINUTES:7 November 28,2000 Mr.Gavinski mentioned that parking in Sinkiuse Square is also limited to two hours but that in previous discussions on parking, it was the consensus that the Police Department would not look to enforce the parking restrictions on Third Avenue or at Sinkiuse Square unless complaints were received. There was some discussion by the Council and staffwas requested to provide a report on parking in the downtown area. XII.CITY MANAGER REPORTS AND COMMENTS DECEMBER COUNCIL MEETING KJ /009 Joseph K.Gavinski,City Manager,mentioned thatthe second Council meeting in December is scheduled for December26. Council direction was requested on whether or not to change the meeting date. Itwas the consensus of the Council that the second meeting in December be scheduled for the 28th. PARKING Joseph K.Gavinski,City Manager,distributed some history on the issue of angle parking in the downtown area. //A*~ REWARD /033 Joseph K.Gavinski, City Manager,stated that $2,500 has been offered as a reward forinformation leading to the arrest and conviction of those responsible for the armed robbery at the AM/PM Arco located at Kittleson Corner. Action Taken:Mr.Blackwell moved that the reward offer be continued,seconded by Mr.Reese,and passed unanimously. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,stated that the city will receive $299,191.99 in sales tax revenue and $29,334.46 from transient rental income on November 30,2000. AGCCT MEETING Joseph K.Gavinski,City Manager,reminded the Council ofthe AGCCT meeting on Thursday,November 30, at Quincy. The regular meeting was recessed at 10:45 and the Council met in an executive session to discuss land acquisition.The executive session was adjourned at 11:15 p.m.The regular meeting was adjourned at 11:15 p.m. KJ ATTEST:Mayor Finance Director u u u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE DESERTPOINT FIRST ADDITION PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS,AND DE CISION HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public meeting was held upon proper notice before the Commission on November 16, 2000. 1.2 Proponent.Maiers Development Corporation is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the plat. City staff has confirmed the property described on the platis the property submitted for platting. 14 Evidence.The Commission considered the following materials inreaching its decision: A.The submitted plat. B.Testimony from the proponent. C. Written comments from various parties. FINDINGS OF FACT BY THE PLANNING COMMISSION. Based uponthe evidence presentedto them, the Commissionmakes the following findings of fact: 2.1 The proponent isthe owner of the property. 2.2 The property is currently zoned C-2,General Commercial and Business. 2.3 There were no negative comments. 2.4 The platis inthe publicinterest and will benefit the publicwelfare. 2.5 The plat is consistent with the Comprehensive Plan. CONCLUSIONS BY THE PLANNING COMMISSION. Fromthe foregoing findingsof factthe Commission makes the following conclusions: 3.1 The Planning Commission ofthe Cityof Moses Lakeis vested withthe authority torecommend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 It is properat this time forthe Planning Commission to make a recommendation on this plat. 3.4 It is inthe best interests and welfareof the city's citizens to platthe property as proposed. RECOMMENDATION OF THE PLANNING COMMISSION. Onthe basisofthe foregoing findings of factandconclusions,itisthe recommendationofthe Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the platbe approved along with the following variances: 1. Variance to the requirement to construct sidewalk, curb, gutter and fire hydrants on Highway 17 2.Variance to construct fire hydrants every 300' on Yonezawa and Clover Drive FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on November28,2000. 5.2 Proponent. Maiers Development Corporation is the proponent of this plat. 5.3 Purpose. The proponent has submitted a final plat for propertylegallydescribed uponthe plat. Citystaff has confirmedthe propertydescribed onthe platisthe propertysubmitted forplatting. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent.-^ C. Written comments fromvarious parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidence was presentedtothe City Council.The City Council adopts those findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL. Fromthe foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authorityto make a decision on a final plat. 7.2 The plat is properly before the Council for its decision. 7.3 Itis proper at this time forthe City Council to make a decision on this final plat. 8.DECISION. The City Council ofthe City ofMoses Lake agrees with the recommendation of the Planning Commis sion and approves the final plat. Dated:November 28,2000 ^>^ ichard Pearce,Mayor _£2^n^v. n