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2001.05.22_000015734 MOSES LAKECITY COUNCILMay22,2001 Council Present:Richard Pearce,Ron Covey,Chris Blessing,Larry Tracy,Tom Porter,and Brent ReeseAbsent:Lee Blackwell MINUTES:Mr.Reese moved thatthe minutesof theMay 8 meeting be approved,seconded by Mr.Porter,and passed unanimously. APPROVAL OF BILLS,CHECKS,AND PREPAID CLAIMS Action Taken:Dr.Covey movedthatthe bills,checks,and prepaid claims issued be approved,seconded byMr.Porter,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,andthoseexpensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,have been recorded on a listingwhich hasbeenmadeavailabletotheCityCouncil. Claims:The vouchers included on the below listas modified by theCouncil and noted upon said listfor theCouncilmeetingofMay22,2001 for the funds listedbelow are approved in the amount of $538,670.13. GENERAL FUND $55,979.50 WATER/SEWER LEASES 3,327.50STREET50,996.23 SANITATIONFUND 43,031.95EQUIPMENTLEASES14.148.76 AIRPORT 66.00STREETIMPROVEMENT4,333.23 SELF INSURANCE 151,151.59PARK&RECIMPROVEMENT 7,914.35 CENTRAL SERVICES 53,373.40WATER/SEWER 69,418.08 EQUIPMENT RENTAL 75,056.15WATER/SEWER CONSTRUCTION 336.00 BUILDINGMAINTENANCE 9,381.17TOTAL$538,670.13 Prepaid Claims:Prepaid claims approvedbytheCityManager according tothe process established byMosesLakeMunicipalCode3.42.030 and theinternal controlpolicyapproved bythe CityCouncil has been recordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.The claims listed below are approved intheamountof$4,319.91for all funds. GENERAL FUND $1,905.37 AIRPORT 82.45PARK&REC IMPROVEMENT 16.36 CENTRAL SERVICES 610.36WATER/SEWER 1,705.37 TOTAL $4,319.91 Prepaid Claims:Prepaid claims approved bytheCityManager according totheprocess establishedbyMosesLakeMunicipalCode3.42.030 and the internal control policyapproved bytheCityCouncil has been recordedonalistingwhichhasbeenmadeavailabletotheCityCounciLTheclaimslistedbelowareapprovedintheamountof$6,209.26for all funds. O GENERAL FUND $896.68WATER/SEWER 5,313.58TOTAL$6,209.26 Prepaid Claims:Prepaid claimsapprovedbytheCityManager accordingtothe process establishedbyMosesLakeMunicipalCode3.42.030 andthe internal control policy approved bytheCityCouncil has been recordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.The claims listed below are approved intheamountof$37,563.58for allfunds. GENERAL FUND $10,373.69 CENTRAL SERVICES 320.22STREET5.50 EQUIPMENT RENTAL 25,967.24WATER/SEWER 896.93 TOTAL $37,563.58 Claim Checks:Checks 9441 through9649 issued on May 7,2001 throughMay 18,2001 were approved forpaymentattheCouncilmeetingheldonMay22,2001 in the totalamount of$1,220,800.86. Payroll:The payroll issued on May 11,2001 having been approvedpursuant tothe rule oftheCityCouncil setforthinMosesLakeMunicipalCode3.42.040,was paidby checks 19840 through20019 inthe totalamountof$54,394.02. II.EMPLOYEE PRESENTATIONS -None Ill.CONSENT AGENDA Recuest to Apply for Traffic Safetv Grant:The Police D artment re uested authorization to apply for a$4,000Washington State Traffic Safety Commission granÊnorderto purchase twomoving radar units andaportablebreathtestingmachine. Resolution -Accept Donation -Green:Aresolution was presented which accepts thedonation totheMuseumofapproximately4,000 envelopes of photographic negatives from KimGreen. Resolution -Grant Easement -Qwest:A resolution was presented which grants an easement to QwestCommunicationsfortheinstallationandmaintenanceofundergroundcommunicationslinesontheMosesLakeCommunityParkproperty. Action Taken:Mr.Tracy moved that theConsent Agenda be approved,seconded by Dr.Covey,and passedunanimously. IV.CONSIDERATION OF BIDS FUEL PROCUREMENT Cenex Harvest States was theonlyvendorto submit a bidforthefuel procurement contract.StaffrequestedauthorizationtoawardthebidtoCenex. Action Taken:Mr.Tracy moved that thebid be awarded toCenex Harvest in theamount of$.07per gallonovertheOilPriceInformationServiceCost,seconded by Mr.Blessing,and passed unanimously. 5735 CITYCOUNCIL MINUTES:2 May 22,2001 V.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGIS ORDINANCE -GATEWAYESTATES ZONING-2"°READING/PUBLIC HEARING An ordinance was presented whichwould establish the zoningfor theGateway Estates area as R-2,Single Family and Two Family Residential. The public hearing was opened.There were nocomments. Action Taken:Dr.Covey moved that the public hearing be closed,seconded by Mr.Blessing,and passed unanimously. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by titleonly. Action Taken:Mr.Porter moved that the second reading of theordinance be adopted and the Findings of Fact be accepted,seconded byMr.Reese,and passed unanimously. VI.ORDINANCES ANDRESOLUTIONS ORDINANCE -GARBAGE RATES -2ND READING An ordinance was presented which establishes newgarbage rates. Dr.Covey stated that he would like to see a separate residential rate of $5 established for seniors. There was considerable discussion bythe Council and staffwas directed toprovide information at the next meeting on the possible number of accounts thatwouldbe impacted. The ordinance establishing charges for garbage collection was read by titleonly. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Porter,and passed unanimously. Mr.Tracy wanted toknow how the city would determine who would be eligible to receive a reduced rate. James A.Whitaker,CityAttorney,stated there is statutory authority togive a reduced rate tosenior citizens but theCouncil must determine whatis to be considered a senior low-income household.Ifthe Council does not make any changes,the citywould use the definition in theSenior Citizens Services Act. ORDINANCE-RIGHT-OF-WAY USE CONTROL -2ND READING Anordinance was presented which creates regulationsforthe use of cityright-of-way bytelecommunications and cable providers. The ordinance creatingMoses Lake Municipal CodeChapter5.60 entitled"Right-of-Way Use byTelecommu- nication,Cable Providers,and Open Video System Operators"was read by titleonly. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr. Porter,and passed unanimously. ORDINANCE -AMEND 2001 BUDGET -167READING An ordinance was presented which amends the 2001 budget. The ordinance amending the2001 budget for the City of Moses Lake,Washington was read bytitleonly. Action Taken:Dr.Coveymoved that thefirst reading ofthe ordinancebe adopted,seconded by Mr.Reese, and passed unanimously. ORDINANCE -AMENDSPEED LIMITS-1"READING An ordinance was presented whichsetthe speed limitsonYonezawa Boulevard from Clover Driveto Highway 17at 30 mph and from Clover Drive to Divisionat 35 mph.The ordinance also set the speed limiton Clover Drivefrom Highway 17 toYonezawa Boulevard at 35 mph. The ordinance amending Chapter 10.10 of the Moses Lake Municipal Code entitledSpeed Limitswas read by titleonly. Action Taken:Dr.Covey moved thatthefirst reading of the ordinance be adopted,seconded by Mr.Reese, and passed unanimously. ORDINANCE -CREATE TELECOMMUNICATIONS USE FEES -1"READING An ordinancewas presented which sets the fees for the processing of franchise applications and renewals related to cable televisionand telecommunicationsproviders. The ordinance creating Chapter 5.50 of the Moses Lake Municipal Code entitled"Telecommunication Use Fees"was read by titleonly. Action Taken:Mr.Porter movedthatthe first reading of the ordinancebe adopted,seconded by Mr.Tracy, and passed unanimously VII.REQUESTS TO CALLFOR BIDS POLICE CAR VIDEO SYSTEM Staff requested authoriZation to call for bids for four police car video systems.Three of thesesystems will be paid for by the Local Law Enforcement Block Grant 5736 CITYCOUNCIL MINUTES:3 May 22,2001 ActionTaken:Mr.Blessing movedthatstaff be authorized tocall for bids,seconded byMr.Tracy,and passedunanimously. VIII REFERRALS FROM COMMISSIONS LAKELANDADDITIONIll PRELIMINARYMAJOR PLAT/VARIANCES Phil Bloom,ColumbiaNorthwest Engineering,has submitted a preliminary plat for a sixteen lot majorplat.The area is zoned R-1,Single Family Residential.A variance has been requested in order to postpone thedesignandconstructionofthecul-de-sacson Lakeland Driveand Greens Loop for fiveyears.The PlanningCommissionrecommendedthatthepreliminaryplatandvariancesbeapprovedwiththestipulationthataOcovenantrunwiththelandfortheimprovementstothecul-de-sacs within five years from the date ofpreliminaryplatapproval,and the comments of the CityEngineer be addressed. Mr.Blessing declared an appearance of fairness issue and exited the room. Gilbert Alvarado,Community Development Director,stated that this is the thirdphase of this development.The suggested covenants for the improvements tothecul-de-sacson Lakeland Drive and Greens Loop isconsistentwithwhathastakenplaceinthisdevelopmentpreviously. ActionTaken:Mr.Porter movedthattheLakeland Addition IIIPreliminary MajorPlat be approved,a variancebeapprovedtopostponetheconstructionofthecul-de-sacs on Lakeland Drive and Greens Loop for fiveyearswiththestipulationthatacovenantrunwiththelandfortheimprovementstothecul-de-sacs withinfiveyearsfromthedateofpreliminaryplatapproval,the commentsofthe City Engineer be addressed,and theFindingsofFactbeaccepted,seconded by Mr.Reese,and passed unanimously. MAIERS MAJOR PRELIMINARYPLATIVARIANCE Phil Bloom,Columbia Northwest Engineering,has submitted a preliminaryplat for a nine acre,one lot majorplat.The area is zoned C-2,General Commercialand Business.A variance has been requested to therequirementtodesignandconstructpavement,curb,and sidewalk on Clover Drive.The Planning Commis-sionrecommendedthatthe preliminaryplat and variance be approvedwiththestipulationthata covenantrunwiththelandfortheimprovementstoCloverDriveatafuturedateandthecommentsoftheCityEngineerbeaddressed. Mr.Blessing declared an appearance offairness issue and exitedthe room. Gilbert Alvarado,Community Development Director,stated that thisis in an irrigationdistrict and the irrigationwaterallotmentwillhavetobereleased. Mr.Bloom stated that the variance to the improvements to Clover Drive is being requested due to theuncertaintyatthistimeofwhetherornotCloverDrivewillevenbeextendedatthislocation.O Bob Fancher,MaiersDevelopment,statedthattheplans are toaccess thepropertyfromYonezawa andthereisnoneedforCloveratthistime.They would prefer notto make improvements toCloveruntilits final locationisdetermined. Action Taken:Mr.Porter moved thatthepreliminary plat be approved,thevariancetotherequirementtoconstructpavement,curb,and sidewalk on Clover Dnve be approved withthe stipulation that a covenant runwiththelandfortheimprovementstoCloverDriveatafuturedate,the comments ofthe City Engineer beaddressed,and the Findings of Fact be accepted,seconded by Mr.Blessing,and passed unanimously. CRESTVIEW CHRISTIAN SCHOOL MAJOR PLATIVARIANCES Shawn McCreryof Tektoniks Corporation,representing theUpper Columbia Mission Society of Seventh DayAdventists,has submitted a majorsubdivisionfor a private elementary school and day care facilitylocatedsouthofValleyRoadandeastofCrestviewDrive.The area is zoned R-1,Single Family Residential.Theproponenthasrequestedavariancetotherequirementtodesignandconstructsidewalk,curb,and gutter onValleyRoad.The Planning CommissionrecommendedtotheCouncilthatthepreliminary platbe approvedandavariancebegrantedtotherequirementtoconstructstreetandutilityimprovementsonthesouthsideofValleyRoadwiththestipulationthatacovenantberequiredforthoseimprovementsatafuturedate,andthecommentsoftheCityEngineerbeaddressed. Mr.Blessing declared an appearance of fairness issue and exited the room. Gilbert Alvarado,Community Development Director,stated that the Planning Commission had onlya shorttimetoreviewthecommentsfromthestaffandtheyrecommendedthatacovenantberequiredforimprovementsonValleyRoad.He mentioned that there is alreadya water main on Valley Road so thatwillnotbearequirementoftheplatTheareaisalreadyservedbysewerfromeitherCrestviewDriveorPaxsonDrivesoevenifsewerwastobeinstalledonValleyRoaditwouldservenopurpose.Ithas been discoveredthatthebikepathisinsidethecitylimítsbutValleyRoaditselfisinthecounty.He pointed out thatitisa policymatteronthepartofthePlanningCommissiontorequirecovenantsforconstructionofneededstreetandutilityimprovementsinthefuture. Rhett Unger,Tektoniks Corporation,stated that theywere concerned about thecovenant for the improve-ments.Ifthatcovenant were to be called in the future,thecost of the improvements could shut down theschool.Hewould liketo see the requirement for the covenant removedbased on thefact that theutilitiesarenotneededandthefactthatValleyRoadisacountyroad.He mentionedthattheconstruction ofthe privateaccesswillbringthebikepathuptocitystandards. Gary Morgan,representingthe Building Committee for the 7*Day Adventist Church,stated thatthe churchisconcernedaboutthecostoftheimprovementsinthefuture.The covenant recommended by the PlanningCommissionisverybroadandthecostofthoseimprovementscouldbedetrimentaltotheoperationsofthechurchinthefuture. Joseph K.Gavinski,City Manager,stated that originally the county was going toconstructthebike path onthenorthsideofValleyRoadwhichisinthecounty,Because the cityhad alreadyconstructeda bikepathanthesouthsideofValleyRoadbelowthisproperty,the county ultimately decided to continue the bike pathonthesouthsideofValleyRoad. 5737 CITYCOUNCIL MINUTES:4 May 22,2001 Mr.Pearce pointedout thata covenant may not be needed for water and sewer improvements but he was concerned about future street improvements. Mr.Gavinskistated thatthe citywould not have theauthorityto enforce a covenant for improvements on a countyroad,even iftheroad is annexed at a later date. There was some discussion by the Council. Action Taken:Dr.Covey moved that thepreliminary plat be approved,the variance to the requirement to design and constructsidewalk,curb,and gutter onValleyRoad be approved withthe stipulationthat the bike path be upgraded to city standards,the comments of the CityEngineer be addressed,and the Findings of Fact be accepted,seconded by Mr.Reese,and passed unanimously. p WAL-MARTSTORES ADDITION#2 FINALPLAT Pacific Land Design has submitted the Wal-Mart Stores Addition#2 Final Plat.The Planning Commission recommended thatthe final plat be approved with the stipulation that thecomments from the City Engineer be addressed. Gilbert Alvarado,Community Development Director,stated thatall theissues have been resolved withregard to this plat Action Taken:Mr.Porter moved that the final plat be approved,the comments of the CityEngineer be addressed,and the Findings of Fact be accepted,seconded by Mr.Reese,and passed unanimously. '/ORDINANCE-LOOP DRIVEVACATION-1"READING The city has received a request from Sandra Kellerand EricAlmquist for thevacation ofthat portion ofLoop Drive adjoining CrestviewDrive.The Planning Commission recommended thatthe request tovacate this portion of Loop Drive be approved. GilbertAlvarado,Community Development Director,stated thattheCouncil shoulddeterminewhether or not thecityshould be reimbursed for one half the appraised value ofthe vacated street. Sandra Keller,631 Crestview,one of theadjacent property owners,statedthatanappraiser is working on the project and an appraised value should be available inthenearfuture.The property isabout 120'in depth and 60'in width. The ordinance vacating a portion of Loop Drivewas read bytitleonly. Action Taken:Mr.Blessing moved that the first reading ofthe ordinance be accepted,seconded by Mr. Porter,and passed unanimously. IX.OTHERITEMS FOR COUNCIL CONSIDERATION LAKESIDEDRIVE PAVING Lanette May,1357 W.Ivy,stated that she would like tosee LakesideDrive paved toat least IvyStreet rather thanstopping at Columbia Avenue.She was concerned aboutthedust caused by theschool buses and thetraffictoandfromtheCrabCreekBrewery. GaryG.Harer,Municipal Services Director,stated that originallyitwas the intent toimprove Lakeside to Ivy but the city needed additional right-of-way on the south side of Lakeside Drive.The property owner,Mr. Bernhardt,wanted LakesideDriveto be extended toprovide access tohis property but since thatwouldcreate a "Y"intersection,the staff suggested he access his property at a different point.Since he is not yet ready to develop his property he was not willingto provide that right of-way. There was some discussion by theCouncil and staffwas directed toagain contact Mr.Bernhardt. Arley Dabney,1354 Columbia,requested thatthestreet be improved toat least theend of IvyStreet. Emery Carvo,1346 Columbia,stated that he has put up with the dust for 46 ½years and ithas gotten worse since the Crab Creek Brewery was developed.People speed throughthisarea on theirway to the brewery. He feltthatthedust problem would be alleviated if Lakeside Drivewere to be paved. AMBULANCESERVICE AGREEMENT A draft agreement between the city and the Hospital Districtwas presented.This agreement is in regard to theasset purchase and sale of Samaritan's ambulance service equipment and supplies.Adraft agreement to provide co-management of Samaritan Ambulance Services was also presented.Authorization was requested for theCity Manager tosign the agreements. Joseph K.Gavinski,City Manager,stated that based onthe Council's decision to proceed withthe provision of ambulanceservice bythe city,theagreements were drafted.The agreements provide for Samaritan to transferits assets tothe city,for jointmanagement oftheambulance service during the transitionperiod,and the elimination of lease payments to the city by Samaritan.The Board of Directors of Samaritan has authorized thehospital administrator to execute the agreements.The citywillhave to obtain a permit from the EMS Council to operate theambulances.The mino hanges involvethe pieces ofproperty the cityis not interested in.For instance,thecityis not interested ir:.a paging service.By eliminatingthis service,the amount the city pays to Samaritan would be reduced by about $40,000. There was some discussion bythe Council. ActionTaken:Mr.Tracy movedthattheCity Manager be authorized to signthe agreements,seconded by Dr.Covey,and passed unanimously. 5738 CITYCOUNCIL MINUTES:5 May 22,2001 MULTI-AGENCYCOMMUNICATIONCENTER AGREEMENT The Multi-AgencyCommunicationsCenter has suggested changes tothe inter-local agreementwith thecity.Authorization was requested for the City Manager to signtheamended agreement. Joseph K.Gavinski,CityManager,stated that thechanges provide for theCityofMoses Lake tohave a seatontheboardoftheMulti-Agency CommunicationsCenter. Action Taken:Mr.Porter movedthattheCityManager be authorizedtosigntheagreement,seconded byMr.Tracy,and passed unanimously. DRAFT COMPREHENSIVE PLAN The Planning Commission has completed theirreview of the Draft Comprehensive Plan.The CommissionhasrecommendedthattheDraftComprehensivePlanwithspecifiedchangesbeadopted.The Draft PlancontainsthemandatoryelementspursuanttoRCW36.70A.070 and reasonably meets thepublic participationrequirementsnotedinRCW36.70A.035. Mervin Dexter,owner of property at the corner of E.Broadway and Highway 17,which he is leasing toIrrigators,Inc.,wouldlikeittoremain intheindustrial designation. Gilbert Alvarado,CommunityDevelopment Director,stated thatletters were sent to property ownerswhichmaybeaffectedbyproposedlandusechanges.The area Mr.Dexter is talkingabout has been designatedasanindustriallanduse.He mentioned that theFindings of Fact have not yet been finalized for Councilapproval.He pointed out thatthe changes recommended bythe Planning Commissionhave been placed atthefrontofthedocumentsotheCouncilcanseethoseimmediately. There was some discussion and theCouncildecided toreview thedraft plan and make a determination atthenextmeetingastothenextstep. ASPI/UCHIDAIGATEWAYESTATES ANNEXATION-FIRE PROTECTION The cityadoptedan ordinanceonMay8,2001 which annexed property commonly known as the"ASPI/UchidaAnnexation".The annexation also tookin theGateway Estates area.The ordinance became effective onMay21,2001.Grant County Fire District #5 willcontinue to collect taxesinthisarea untilthe end of2002.Bystate law the Council can require Grant County Fire District #5 to continueto provide fire protection andsuppressionservicesuntilthecitybeginsreceivingthetaxesfromthisarea.Direction was requested fromCouncilonwhetherornottorequireGrantCountyFireDistrict#5 tocontinuetoprovide fire protection andsuppressionservicesforthisarea. Action Taken:Mr.Tracy movedthatGrantCounty Fire District#5 be required to providefire protection andsuppressionservicesforthe"ASPI/Uchida/Gateway Estates Annexation"until the city begins receiving thetaxesfromthisarea,seconded by Mr.Reese,and passed unanimously. SOROPTIMIST INTERNATIONAL-SELF-HELP FUNDS Soroptimist International is requesting $10,000from theSelf-Help Fund to reconstructthree entrance signstotheCityofMosesLake.Staff has reviewed therequest and has no objections to the project. Judy Warnick,representing Soroptimist,stated thatthesigns have been a project of the clubfor about 25 years and it is now timetoup-date theexisting signs. There was some discussion and itwas pointedoutthatifthe Self-Help Funds are used,the project must becompletedbyDecember31,2001. Action Taken:Dr.Covey moved that Soroptimist International be given $10,000from the Self-Help Fund toreconstructthreeentrancesignsfortheCityofMosesLake,seconded by Mr.Porter,and passed unani-mously. DRIVEWAYVARIANCE-JACK IN THE BOX Jack in theBox is requesting a variance of thedriveway standards in order to constructa driveway within5'of an interior lot line at theirsite at Five Corners.The intent is to locate thedriveway as far back from theintersectionaspossible.The twodriveways will have islands torestrict leftturnsin and outon Wheeler RoadandleftturnsontoFifthAvenue. Gary Harer,MunicipalServices Director,stated thatupon reviewing theproposed Jack inthe Box restaurantatFiveCorners,staff was concerned about theaccesses because theyare so close to Five Corners.OnWheelerRoadonlyrighthandtumswillbeallowedforbothingressandegress.On FifthAvenue the accesswasmovednearertothepropertylineinordertominimizeconflictswithtrafficattheintersectionofFifthAvenueandElderStreetItwasagreedthatrightandleftturnsintothesitewillbeallowedbutonlyrightturnsoutofthesite.Traffic willbe directed by the use of islands in the center of the driveways.Signage willbeprovidedonsiteconcerningtherightturnonlyrequirements. Action Taken:Dr.Covey moved that thevariance request be approved,seconded by Mr.Tracy,and passedunanimously. CONCESSIONAIRES LICENSE The Parks and Recreation Department has proposed a license tobe used by concessionaires operating inthecity's parks. Jim Whitaker,CityAttorney,stated that thislicense would allowconcessionaires to sell at events inthe city'sparks. Joseph K.Gavinski,CityManager,stated that thecity has triedtoencourage non-profit groupstoprovide thistypeofserviceateventsintheparksbutitisdifficulttokeeptheminterested.So thecity is looking to privateenterprisetoprovidethisservice.Itwas felt thata more formal agreementwas needed fortheprofit makinggroupsthanthenon-profit groups. 5739 CITYCOUNCIL MINUTES:6 May 22,2001 ActionTaken:Mr.Reese movedthatthe Concessionaires License be approved,seconded by Mr.Porter,and passed unanimously. X.PUBLICQUESTIONS AND COMMENTS -None XL COUNCILQUESTIONS AND COMMENTS -None XII.CITYMANAGERREPORTS ANDCOMMENTS AGCCT MEETING Joseph K.Gavinski,CityManager,reportedthat theAGCCT meeting scheduled for May 31 in Coulee City has been cancelled. YONEZAWA BOULEVARD Joseph K.Gavinski,CityManager,stated that Yonezawa Boulevard willbe open by June 1,2001. WHEELER ROAD ANNEXATION-FIRE ASSETS Joseph K.Gavinski,City Manager,reported that thecity and Grant County Fire District#5 met inarbitration and after a day and a half oftestimony,the Board decided the city had established an increase in its fire protection responsibility.Therefore,there is a corresponding reduction on the part of Grant County Fire District #5,The meeting was adjourned for 45 days to allow the District and the cityto get together and determine the asset distribution. Joseph K.Gavinski,CityManager,distributed information received from theAssociation ofWashington Cities concerning funds thecitywillreceive from the state as a result of the I-695 Backfill. SUN DAZE Mr.Pearce stated thatthe Council had been given the listofevents for the June 16,2001 Sun Daze festival sponsored by the Moses Lake Business Association. The regular meetingwas recessed at 10 p.m.and the Council met in an executive session todiscuss real estate and arbitrationwithGrant County Fire District#5.The executive session was ad ourned at 10:40 p.m. and the regular meeting was reconvened.The regular ngWas adjou ATTE äypor lEirfance Director O BEFORE THE PLANNINGCOMMISSION/CITY COUNCIL OF THECITYOFMOSESLAKE,WASHINGTON INTHE MATTEROF THE LAKELANDADDITION FINDINGSOF FACT,CONCLUSIONS,AND DE-IIIPRELIMINARYMAJOR PLAT CISION 1.HEARING BEFORE THE PLANNINGCOMMISSION. 1.1 _Date.A public hearing was held upon proper notice before the Commission on April 26,2001. 1.2 Proponent.Lakeland Development is theproponent of thisplat. 1.3 Purpose.The proponent has submitteda plat for property which is legally described upon theplatCitystaffhasconfirmedthepropertydescribedontheplatisthepropertysubmittedforplatting. 1.4 Evidence.The Commission considered thefollowing materials in reaching its decision: A.The submittedplat B.Testimony from the proponent. C.Written comments from various parties. 2.FINDINGS OF FACT BYTHE PLANNINGCOMMISSION. Based uponthe evidence presented to them,theCommission makes thefollowing findings of fact: 2.1 The proponent is the owner of theproperty. 2.2 The property is currently zoned R-1,Single Family Residential. 2.3 There were no negative comments from the public.O 2.4 The project is consistent withadjacent development. 2.5 The development is consistent with the Comprehensive Plan. 2.6 The constructionofthecul-de-sacs at thistimewould place an unnecessary hardship on thedeveloperinthatextensionofthestreetsareproposedinthenearfuture. 3.CONCLUSIONS BYTHE PLANNINGCOMMISSION. From theforegoing findings of fact theCommission makes the followingconclusions: 3.1 The Planning Commission ofthe CityofMoses Lake isvested withthe authoritytorecommendtotheCityCounciltheadvisabilityofapprovingaplat. 3.2 The plat is properly before theCommission for its recommendation. 3.3 Itis proper at thistimefor the Planning Commission tomakea recommendationon thisplat. 3.4 Itis in thebest interests and welfare ofthecity's citizens to plat theproperty as proposed. 4,RECOMMENDATIONOF THE PLANNING COMMISSION. Onthe basis oftheforegoing findings offact and conclusions,itisthe recommendation of thePlanningCommissionoftheCityofMosesLaketotheCityCounciloftheCityofMosesLakethattheplatbeapproved. 5.FURTHER HEARING BEFORE THE CITYCOUNCIL. 5.1 _Date.Apublic meeting was held upon proper notice before the Council on May 22,2001. 5.2 Proponent.Lakeland Development is the proponent of thisplat 5.3 Purpose.The proponent has submitted a preliminary plat for property legallydescribed upontheplatCitystaffhasconfirmedthepropertydescribedontheplatisthepropertysubmittedforplatting. 5.4 Evidence.The Council consideredthe followingmaterials in reaching its decision: A.The submitted plat. B.Testimony from theproponent. C.Written comments from various parties. 6.FURTHER FINDINGS OF FACT BYTHE CITYCOUNCIL. No further evidence was presented tothe City Council.The City Council adopts those findings of fact made previously by thePlanning Commissionas its own. 7.FURTHER CONCLUSIONS BYTHE CITYCOUNCIL. From the foregoing findings of fact theCouncilmakes the following conclusions: 7.1 The CityCouncil of theCityof Moses Lake is vested with theauthorityto make a decision on a preliminary plat. 7.2 The plat is properly before theCouncil for its decision. 7.3 Itis proper at thistimefor the CityCouncil tomake a decision on thispreliminaryplat 8.DECISION. The CityCouncil oftheCityofMoses Lake agrees withtherecommendationofthe Planning Commis- sion and approves thepreliminary plat. BEFORE THE PLANNINGCOMMISSION/CITY COUNCIL OF THECITYOFMOSESLAKE,WASHINGTON INTHE MATTER OF THECRESTVIEW CHRIS-FINDINGS OF FACT,CONCLUSIONS,AND DE-TIANSCHOOL PRELIMINARYMAJOR PLAT CISION 1.HEARING BEFORE THE PLANNINGCOMMISSION. 1.1 IDate.A public hearing was held upon proper notice before theCommission on March29,2001. 1.2 Proponent.The Upper Columbia Mission Society ofSeventh Day Adventists is theproponentofthisplat. 1,3 Purpose.The proponent has submitted a platfor property which is legally described upon theplat,Citystaff has confirmed theproperty described on the plat is the property submittedforplatting. 1.4 Evidence.The Commission considered the following materialsin reaching its decision: A.The submitted plat B.Testimony from the proponent. C.Written comments from various parties. 2.FINDINGSOF FACT BYTHE PLANNING COMMISSION. Based upon theevidence presented tothem,the Commission makes the followingfindings of fact: 2.1 The proponent is theownerofthe property. 2.2 The propertyis currently zoned R-1,Single Family Residential. 2.3 A schoolis allowedas a conditional use in the R-1 Zone. 2.4 The variance was approved as thestreet is in the countyand thereis no immediate need forimprovements. 2.5 Conditions were placedonthevarianceto provide for normaldeveloper improvements at suchtimeasthestreetmaybecomepartofthecity. 2.5 The requirement fora covenant for theimprovements ata future date isconsistentwithpreviousPlanningCommissiondecisionsingrantingvariances. 2.6 There were no negative comments from the public. 2.7 The development is inthe public interest 2.8 Itis likelythebicycle path willneed to be replaced in the near future. 3.CONCLUSIONS BYTHE PLANNINGCOMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission of theCityofMoses Lake isvested withtheauthoritytorecommendtotheCityCounciltheadvisabilityofapprovingaplat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 It is proper at thistime for thePlanning Commission to make a recommendation on thisplat. 3.4 Itis in the best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATIONOF THE PLANNINGCOMMISSION. On the basis oftheforegoing findings of fact and conclusions,itis therecommendation ofthePlanningCommissionoftheCityofMosesLaketotheCityCounciloftheCityofMosesLakethattheplatbeapproved. 5.FURTHER HEARING BEFORE THE CITYCOUNCIL. 5.1 _Dgg.A public meeting was held upon proper notice before the Council on May 22,2001. 5.2 Proponent.The Upper Columbia Mission Society of Seventh DayAdventists is the proponent ofthisplat. 5.3 Purpose.The proponenthas submitted a preliminaryplat for propertylegally described upon the plat Citystaff has confirmed thepropertydescribed on theplatis theproperty submitted forplatting. 5.4 Evidence.The Council considered thefollowing materials in reaching its decision: A.The submitted plat B.Testimonyfrom the proponent. C.Written comments from various parties. 6.FURTHER FINDINGSOF FACTBY THE CITYCOUNCIL No further evidencewas presented tothe CityCouncil.The CityCouncil adopts thosefindings offact made previouslyby the Planning Commission as its own. 7.FURTHER CONCLUSIONS BYTHE CITYCOUNCIL. From the foregoing findings of fact the Council makes the followingconclusions: 7.1 The CityCouncil oftheCity of Moses Lakeis vested with theauthority tomake a decision on a preliminary plat 7.2 The platis properly before the Council for its decision. 7.3 It is proper at thistimefor theCityCouncil tomake a decision on thispreliminaryplat 8.DECISION. The CityCouncil ofthe Cityof Moses Lake agrees with the recommendation ofthePlanning Commis- sion and approves the preliminary plat ted:May 22 1-O ichard Pearce,Mayor O BEFORE THE PLANNINGCOMMISSION/CITY COUNCIL OF THECITYOFMOSESLAKE,WASHINGTON INTHE MATTER OF THE MAIERSPRELIMI-FINDINGS OF FACT,CONCLUSIONS,AND DE-NARYMAJORPLAT CISION 1.HEARING BEFORE THE PLANNINGCOMMISSION. 1.1 _D_ate.A public hearing was held upon proper noticebefore theCommission on April26,2001. 1.2 Proponent.Maiers Development Corporation is the proponentof thisplat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon theplat.City staff has confirmed theproperty described on theplat is the property submittedforplatting. 1.4 Evidence.The Commissionconsideredthefollowing materials in reaching its decision: A.The submitted plat. B.Testimony from theproponent. C.Written comments from various parties. 2.FINDINGSOF FACT BYTHE PLANNINGCOMMISSION. Based upon theevidence presented tothem,the Commission makes thefollowing findings of fact: 2.1 The proponent is the owner of theproperty. 2.2 The property is currently zoned C-2,General Commercial and Business. 2.3 There were no negative comments from thepublic.O 2.4 The project is consistent withadjacent development. 2.5 The development is consistent with theComprehensivePlan. 2.6 The constructionof CloverDrive at thistimewould place an unnecessary hardship on thedeveloperinthatrelationofCloverDriveinthefutureisapossibility. 3.CONCLUSIONS BYTHE PLANNINGCOMMISSION. From theforegoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission oftheCityofMoses Lake is vested withtheauthority torecommendtotheCityCounciltheadvisabilityofapprovingaplat. 3.2 The plat is properly before the Commission for its recommendation. 3,3 Itis proper at thistimefor the Planning Commission to makea recommendationon thisplat. 3.4 Itis in the best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis ofthe foregoing findings offact and conclusions,itis therecommendation ofthePlanningCommissionoftheCityofMosesLaketotheCityCounciloftheCityofMosesLakethattheplatbeapproved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 _Dat_e.A public meeting was held upon proper notice before theCouncil on May 22,2001. 5.2 Proponent Maiers Development Corporation is theproponent of thisplat 5.3 Purpose.The proponent has submitted a preliminary plat for property legallydescribed upontheplatCitystaffhasconfirmedthepropertydescribedontheplatisthepropertysubmittedforplatting. 5.4 Evidence.The Councilconsidered thefollowing materials in reaching its decision: A.The submitted plat. B.Testimony fromthe proponent. C.Written comments from various parties. 6.FURTHER FINDINGS OF FACT BYTHE CITY COUNCIL. Nofurtherevidence was presented tothe CityCouneit The CityCouncil adopts thosefindings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BYTHE CITYCOUNCIL. Fromtheforegoing findings of fact the Council makes thefollowingconclusions: 7.1 The CityCouncil of theCity ofMoses Lake is vested withtheauthority to make a decisíon on a preliminary plat. 7.2 The plat is properly before the Council for its decision. 7.3 It is proper at thistimefor theCity Council tomake a decision on this preliminaryplat. 8.DECISION. The CityCouncil ofthe CityofMoses Lake agrees with therecommendationofthe Planning Commis- sionand approves the preliminary plat. ted:May22,200 Richard Pearce,Mayor O O BEFORE THE PLANNINGCOMMISSIONICITYCOUNCIL OF THECITYOFMOSESLAKE,WASHINGTON INTHE MATTER OF THE ZONINGFOR GATE-NO.ZC 01-1WAYESTATESDIVISIONS1AND2 FINDINGS OF FACT,CONCLUSIONS,AND DE-CISION 1.HEARINGBEFORE THE PLANNINGCOMMISSION. 1.1 .D_aate.A public hearing was held upon proper noticebefore theCommission on April 12,2001. 1.2 Proponent The CityofMoses Lakeis the proponent of thiszone change. 1.3 Purpose,The proponent has requested a zone change of property legally described asfollowsfromAgriculturetoR-2,Single Family and Two Family Residential. Gateway Estates Division 1 and Gateway Estates Division2 1.4 Evidence.The Commission considered the following materialsin reaching its decision. A.The request bytheproponent for thezone change. B.Comments from thepublic. 2.FINDINGS OF FACT BYTHE PLANNINGCOMMISSION. Based uponthe evidencepresented tothem,thePlanning Commission made thefollowingfindingsoffact: 2.1 The property is platted. 2.2 The zone change is consistent withthe Comprehensive Plan. 2.3 The zone change is in thepublic interest and will benefit thepublic welfare. 2.4 The R-2 Zoning is consistent with the existinghousing inthearea being rezoned. 2.5 The R-2 Zoning willcause the least disruption tothe citizenslivingin the area. 2.6 The area abuts an R-3 zone. 2.7 There were no negative comments concerningthe R-2 zoning. 3.CONCLUSIONS BYTHE PLANNINGCOMMISSION. From theforegoing findings offact theCommission made thefollowingconclusions: 3.1 The Planning Commission of theCity of Moses Lake is vested withtheauthoritytorecom-mend tothe City Council the advisability of the proposed change inzoning. 3.2 The rezone request oftheproponent is properly before theCommission for its recommen-dation. 3.3 It is proper at thistimefor thePlanning Commission to make a recommendation on thisrezonerequest. 3.5 It is in thebest interests and welfare of the city's citizens torezone the property as proposed. 4.RECOMMENDATION OF THE PLANNINGCOMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of thePlanningCommissionoftheCityofMosesLaketotheCityCounciloftheCityofMosesLakethattherequestforarezoneofthispropertybegranted. 5.FURTHER HEARING BEFORE THE CITYCOUNCIL. 5.1 JDate.Apublic hearing was held uponproper noticebefore the CityCouncil onMay22,2001. 5.2 Proponent.The Cityof Moses Lake is the proponent of this rezone. 5.3 Purpose.The CityCouncil considered the request for a rezone. 5.4 Evi_dde_nnce.The City Councilconsidered thefollowingmaterials in reaching its decision: A.The applicationof theproponent forthe rezone. B.The history ofthe property. C.Comments from the public, 6.FURTHER FINDINGS OF FACT BYTHE CITY COUNCIL. No further evidence was presented totheCityCouncil.The CityCouncil adoptsthose findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITYCOUNCIL. From theforegoingfindings offact theCityCouncilmakes thefollowingconclusions: 7.1 The CityCouncil ofthe Cityof Moses Lake is vestedwith theauthoritytomake a decision on a proposed change inzoning. 7.2 The rezone request of the proponent is properly before the Council for its decision. 7.3 It is proper at thistimefor theCityCounciltomake a decision on thisrezone request 8.DECISION OF THE CITY COUNCIL The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and grants thezone change request. ated:May 22,2001 Richard-Piarce,Mayor O O BEFORE THE PLANNINGCOMMISSIONICITYCOUNCIL OF THECITYOFMOSESLAKE,WASHINGTON INTHEMATTER OF THE WAL-MARTSTORES FINDINGS OF FACT,CONCLUSIONS,ANDDE-ADDITION#2 FINALPLAT CISION 1.HEARING BEFORE THE PLANNINGCOMMISSION. 1.1 _Date.A public meeting was held upon proper noticebefore theCommission on May10,2001. 1.2 Proponent.Wal-MartReal Estate Business Trust is the proponent ofthisplat. 1.3 Purpose.The proponent has submitted a platfor propertywhich is legally described upon theplatCitystaffhasconfirmedthepropertydescribedontheplatisthepropertysubmittedforplatting. 1.4 Evidence.The Commission considered thefollowing materials in reachingits decision: A.The submittedplat. B.Testimony from the proponent C.Written comments fromvarious parties. 2.FINDINGS OF FACT BYTHE PLANNINGCOMMISSION. Based upontheevidence presented tothem,the Commission makes the followingfindings of fact: 2.1 The proponent is the owner of theproperty. 2.2 The property is currently zoned C-2,General Commercial and Business. 2.3 The plat is in the public interest. 2.4 The development is consistentwith existingdevelopmentin the area. 3.CONCLUSIONS BYTHE PLANNINGCOMMISSION. From the foregoing findings of fact the Commission makes the followingconclusions: 3.1 The Planning Commission of theCityof Moses Lake is vested withthe authorityto recommendtotheCityCounciltheadvisabilityofapprovingaplat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 It is proper at thistimefor the Planning Commission to make a recommendation on thisplat 3.4 Itis inthe best interests and welfare ofthecity'scitizenstoplat theproperty as proposed. 4.RECOMMENDATION OF THE PLANNINGCOMMISSION. On the basis ofthe foregoing findings offactand conclusions,itistherecommendation of the PlanningCommissionoftheCityofMosesLaketotheCityCounciloftheCityofMosesLakethattheplatbeapproved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 IDatg.A public meeting was held upon proper notice before the Council on May 22,2001. 5.2 Proponent.Wal-MartReal Estate Business Trust is the proponent of thisplat. 5.3 Purpose.The proponent has submitted a finalplat forpropertylegally described upon theplatCitystaffhasconfirmedthepropertydescribedontheplatisthepropertysubmittedforplatting. 5.4 Evidence.The Council considered thefollowing materials in reaching its decision: A.The submitted plat. B.Testimony from theproponent C.Written commentsfrom various parties. 6.FURTHER FINDINGS OF FACT ISYTHE CITYCOUNCIL. No further evidence was presented tothe CityCouncil.The CityCouncil adopts those findings offact made previously by thePlanningCommission as its own. 7.FURTHER CONCLUSIONSBYTHE CITYCOUNCIL. From theforegoing findings of fact the Council makes the followingconclusions: 7.1 The CityCouncil of the CityofMoses Lake is vested withtheauthority to make a decision on a final plat 7.2 The plat is properly before the Councilfor its decision. 7.3 It is proper at thistimefor the CityCouncil to make a decision onthis final plat. 8.DECISION. The CityCouncil ofthe Cityof Moses Lake agrees with therecommendation of thePlanning Commis- sion and approves the final plat