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2004 05 25u 6115 MOSES LAKE CITY COUNCIL May 25,2004 Council Present: Ron Covey, Richard Pearce,Brent Reese,Lee Blackwell,Steve Shinn, and Jon Lane Absent:Dick Deane PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the Pledge ofAllegiance. MINUTES:Mr.Blackwell moved that the minutes of the April 27,2004 meeting be approved as submitted,seconded by Mr.Reese,and passed with Mr.Shinn abstaining. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Blackwell, and passed unanimously. Vouchers audited and certified by the Finance Directoras required by RCW 42.24.080,and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listingwhich has been made available to the Council forapproval. As of May 25,2004 the Council does approve for paymentvouches in the amount of $131,248.89 and prepaidclaims of $270,197.02,$41,871.85, $72,808.37, and $5,448.18. PRESENTATIONS/AWARDS Police Department: Paul Harden, Police Sergeant,and Allan Barrowman, Police Officer,were introduced to the Council. CONSENT AGENDA Acceptance ofWork -2003 Sewer Lining Project:Gelco Services has completed work for the 2003 //(sO> Sewer Lining Project.The work should be accepted and the 45 day lien period entered into. Request to Apply -School Zone Traffic Enforcement Grant:The Police Department requested //7J authorization to apply for a Traffic Safety Commission Traffic Safety Enforcement Grant.The $3,000 grant will be used to purchase a portable breath test machine and a lap top computer for traffic safety presentations. Request to AppIv -Traffic Enforcement Grant -Overtime:The Police Department requested 1/79 ^authorization to apply for an Overtime Enforcement Grant from the Washington Traffic Safety (j Commission.The funds will be used for the traffic safety enforcement campaign. Request to Sell Fireworks:Discount Display,Moses Lake Modelers,and theSand Scorpions have /&3P requested permission to sell fireworks at 1102 W.Broadway,Maiers and Kittleson Road,914 N. Stratford Road,and 317 W.Broadway,respectively. Resolution -Accept Donation -Moses Lake Clinic:A resolution was presented which accepts$800 /O Vl^ from the Moses Lake Clinic.The funds are to be used for the Parks and Recreation Department's Fun Run. Action Taken:Mr.Blackwell moved thatthe ConsentAgenda beapproved,seconded by Mr.Shinn, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS COMMUNICATION -VISION 2020 The Vision 2020 Committee requested support from the City of Moses Lake in the following areas: staff time and approximately $25,000 to design Third Avenue as a focus of the revitalization of downtown;designate a portion of the contract with the consultants to the planning and design of a signature element;commit staff time to the development of design and development guidelines to establish criteria and direction for the revitalization ofthe downtown core;designate a portion of the contract with the consultants to provide assistance to the parties involved in the discussions ,surrounding the relocation of the railroad through Moses Lake and the development of thel^_J waterfront area;commit stafftime to support the work ofVision 2020 and its subcommittees. P. J.Debenedetti,Vision 2020,distributed additional information on the request from the Vision 2020 Committee.He mentioned that Vision 2020 is also looking into the idea of signage to recognize Moses Lake's student champions.He stated that the Committee is aware of I-864 and the constraints on the city and they would like to have the efforts ofthe consultants redirected to focus on Third Avenue as it is a key component of the downtown revitalization.Some of the improvements to Third Avenue mayinclude diagonal parking,intersection bumpouts,landscaping, etc.They would also like to integrate Sinkiuse Square into the Third Avenue design and make it more pedestrian friendly. He felt that the design of Third Avenue could be completed in 60 days. He felt that once the design is completed,the property owners would be willing to begin implementing it. He mentioned that the idea of the signature element has changed from a "wall" to something more transparent.He felt that the consultants would be very helpful with that area. //o 7 /o*° 6116 CITY COUNCIL MINUTES May25, 2004 They would like staff to continue working on the design and development guidelines so that property owners can conform to those when doing improvements.Work is being done to try to relocate the railroad out oftown and now is the time to plan for the improvement of that area. He stated that many people are interested in proceeding with these projects but the problem is that most people do not have the time to dedicate to Vision 2020.He feltthat any help the Committee could get from city staff would be an asset. Karen Wagner,ChamberofCommerce,stated that the Board ofDirectors endorseswhat has been presented. Jaycee Daschle,member ofVision 2020,requested help from the city tokeep this project going.f^> BillWalton,Moses Lake BusinessAssociation,stated that the business owners on Third would like to see something happen and would like direction on how improve their buildings. Sarita Riley stated that she is in favor of this project and that additional monetary and personnel support is needed to proceed with the Vision 2020 project. Ralph Kincaid,Vision 2020,stated that there is now a plan and now is the time to move forward with a project. Joseph K.Gavinski,City Manager,pointed outthat there is stillabout $34,000 remaining to be paid on the contract with Leland Consulting.This is hotel/motel tax money which must be used to enhance tourism to the city.Much of the desired improvements cannot be paid for with these funds.He felt.that the only thing the funds might be used for is the signature element. There was some discussion by the Council. Mr.Gavinski pointed outthat the contract with the consultants was to be completed by December 31,2003 but the city has been honoring the work that has been done after that date.Ifthe Council wishes,the consultants can be placed on notice that the contract needs to be renegotiated to meet the requests of Vision 2020. Action Taken:Mr.Blackwell moved that this item be tabled until the Committee has further discussions with the City Manager on the structure ofthe contract with the consultants,seconded by Mr.Shinn,and passed unanimously. SIGN IN RIGHT-OF-WAY -CATHOLIC CHURCH Our Lady of Fatima Catholic Church has requested permission to place a directional sign in city right-of-way on Valley Road,225'east of Grape Drive. n There was some discussion by the Council. Action Taken:Mr.Pearce moved thatthe request be approved,seconded by Mr.Lane,and passed with Mr.Blackwell opposed as he felt there was not adequate information presented on the location and design of the sign. fCtf?ORDINANCE-JAMES CHEVROLET ANNEXATION/ZONING-PUBLIC HEARING-1stREADING An ordinance was presented which provides for the annexation of approximately 12.74 acres of property on Road L NE,Lot 3,Sparks Short Plat#2.The property is proposed to be zoned C-2, General Commercial and Business. The ordinance annexing property commonly known as the James Chevrolet property, to the City of Moses Lake,Washington,and incorporating the same within the corporate limits ofthe City of Moses Lake,and which provides forthe assumption of existing indebtedness was read by titleonly. The public hearing was opened. Darald Welch,11819 Nelson Road,wanted to know whether the county or the city would provide police and fire service. Joseph K.Gavinski,City Manager,stated that the city would provide all services to the area once the property is annexed. Action Taken:Mr.Shinn moved that the public hearing be closed,seconded byMr.Reese,and f"^ passed unanimously. Action Taken:Mr.Pearce moved thatthe first reading ofthe ordinance be adopted and the second reading and a public hearing be set for the July 13 meeting,seconded by Mr.Reese,and passed unanimously. I05#ORDINANCE -MCCONKIE/JORGENSEN ANNEXATION/ZONING -PUBLIC HEARING - 1st READING An ordinance was presented which provides for the annexation of approximately 10.71 acres of property on Nelson Road located east of the LDS Church.The property is proposed to be zoned R-1,Single Family Residential. u u 6117 CITY COUNCIL MINUTES May 25,2004 The ordinance annexing propertycommonly known as the McConkie/Jorgensen property,to the City of Moses Lake,Washington,and incorporating the same within the corporate limits ofthe City of Moses Lake, and which provides forthe assumption of existing indebtedness was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Shinn moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Shinn moved that the firstreading of the ordinance be adopted and the second reading and a public hearing be set for the July 13 meeting, seconded by Mr.Lane,and passed unanimously. ORDINANCE -ABANDON EASEMENT - CRESTVIEW HEIGHTS - 1st READING/PUBLIC /Of3 HEARING An ordinance was presented which abandons an easement located on Lots 8 and 9, Block 2, Crestview Heights Major Plat,405 and 409 Crestview Drive. The ordinance abandoning an easement in Crestview Heights was read by title only. Mr.Shinn pointedout that he owns property within 300'of this proposed abandonment butdidnot feel it would create a conflict of interest. The public hearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Shinn moved that the first reading of the ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. ORDINANCE -ABANDON EASEMENT - LINGG ADDITION ALTERATION PLAT -1st READING/PUBLIC HEARING An ordinance was presented which abandons an easementlocated on the LinggAddition Alteration Plat. The ordinance abandoning an easement in Ling Addition Alteration Plat was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Lane,and passed unanimously. Action Taken:Mr.Pearce moved that the firstreading of the ordinance be adopted,seconded by Mr.Blackwell,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 2004 BUDGET -1st READING An ordinance amending the 2004 budget was presented. The ordinanceamending the 2004 budget for the Cityof Moses Lake,Washington was readbytitle only. Action Taken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr. Blackwell,and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -MOSES LAKE AUTO WRECKING -1st l&b A READING A resolution was presented which allows Paul and Eunice Carpenter to placea structure atTax #1779, the Moses Lake Auto Wrecking site, 3645 E.Broadway.The building is the former used K^J carsales office for Moses Lake Ford. The resolution allowing PaulS. and Eunice M.Carpenterto build on unplatted property was read bytitle only. Action Taken:Mr.Shinn moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. REQUEST TO CALL FOR BIDS -None /O/S /o/o 6118 CITY COUNCIL MINUTES May 25,2004 REFERRALS FROM COMMISSIONS lO?^PARKS. RECREATION AND OPEN SPACE PLAN -ADDENDUM The Parks and Recreation Department has provided Addendum #1 to the Park,Recreation,and Open Space Plan which addresses the discrepancies and bridges the gap between the Parks and Recreation Comprehensive Plan and the city's Growth Management Plan. Spencer Grigg,Parks and Recreation Director,explained the proposed changes. Mr.Blackwell was concerned that the school property was not included in the inventory of park (**} property. Mr.Grigg explained that during school hours the property is not available for recreational use by other than those attending the school. Mr.Shinn felt that the report is flawed because it does not include the 3,000 acre ORV park,the Moses Lake School District property, and the fact thatthe Parks and Recreation Commission have recommended the upper ratio of park land to population because the county has no parks.He did not feel it was the responsibility of the city to consider the county population,even though the county has no parks and the county residents use the city's parks. Mr.Grigg pointed outthat the 3,000 acre ORV park is not developed space and for that reason was not included in the amountofdeveloped space shown inthe addendum.Itwas recognized thatthe school district property is, at times,available for recreation but pointed out that it was highlighted that theyare not always available.He mentioned that several city parks adjoin school playgrounds. He pointed out that because county residents use the city parks,the addendum is recommending the upper end ofthe minimum standards set by the National and Recreation and Park Association for core parks. Mr.Reese felt that staff hd done a good job on the addendum. Action Taken:Mr.Pearce moved that the Addendum #1 to the Park,Recreation,and Open Space Plan be adopted,seconded by Mr.Lane. Mr.Pearce and Mr.Lane felt that the addendum is very well done and compliments the comprehensive plan. The motion passed with Mr.Shinn and Mr.Blackwell opposed.f^ OTHER ITEMS FOR COUNCIL CONSIDERATION fD?$~COMPREHENSIVE PLAN AMENDMENT Ida Horn, Highland Holdings,has requested an amendment to the Comprehensive Plan for a land use designation change in the area ofthe South Campus complex located eastof Highway 17 and south of Nelson Road.Since the request was received after the March 31 deadline for Comprehensive Plan amendments,the Council mustdeterminewhetheror notstaffshould proceed with this request to amend the Comprehensive Plan. Gilbert Alvarado,Community Development Director,stated that the city has a March 31 deadline to receive requests to amend the Comprehensive Plan but there is a provision that allows Council to override that deadline.He mentioned that there are few amendments to the Comp Plan at this time and this request could be included without burdening staff. Russell Horn,1475 Nelson Road,requested that this amendment be considered in the 2004 Comprehensive Plan amendment cycle. Action Taken:Mr.Shinn moved that the request by Highland Holding be considered in the 2004 Comprehensive Plan amendment cycle,seconded by Mr.Blackwell,and passed with Mr.Reese opposed as he did not want to lose the golf course. jlbpif SEWER MAIN EXTENSION/ASPI Staff reviewed the construction plans for the ASPI property located east of Patton Boulevard and north of Highway 17.The submitted sewer plans for this property was for a gravity sewerfor the ^^^ majorityof the ASPI propertybut was not able to service the surrounding areas.This design would \\ have resulted in one or two lift stations to serve the outerareas ofthe ASPI property as well as the surrounding area.Staff has recommended that the city construct a gravity sewer extending north of Market Street,under Highway 17,and north to Gateway Estates.This plan will eliminate the Gateway lift station,the need for future lift stations in the area,extends city sewer into the UGA, and eliminates future onsite sewer systems. Gary G. Harer, Municipal Services Director,explained the background of the project. There was some discussion by the Council. Action Taken:Mr.Shinn moved that staff be directed to proceed with the gravity sewer system for the ASPI property,seconded by Mr.Lane,and passed unanimously. 6119 CITY COUNCIL MINUTES May 25,2004 2004 PAVER PROJECT The bid for the 2004 Paver Project will be opened on June 2,2004.The reason for the late bid opening is because of uncertaintyconcerning Walgreens schedule and other propertyowners who may not wish to participate inthe project.The problem with a bidopening this late inthe year is that the projectwill be shut down because of winterweather. Staff is requesting that this project be delayed to spring when a lower bidcouldbe expected and the weather will not be a factor. Gary G.Harer,Municipal Services Director,explained thatWalgreens will notbe constructing their building this yearandthere areother property ownerswho areundecided about participating inthetjpaverprojectatthistime.With those uncertainties anaddendum wassentoutreducing the project —/byabout $100,000.Also,another property owner may wish todo his own pavers which will reduce the projectby another $100,000.Because of these uncertainties, staff is recommending that the project be delayed until the springof 2005. He mentioned that all the propertyowners are under compliance for substandard sidewalks except for Walgreens. Tom Heath,Washington Trust Bank,wanted to know if it will be considered again in the spring if itis delayed at this time,especially in lightof possible budget reductions. Joseph K.Gavinski, City Manager, stated that staff would recommend that the projectbe delayed until2005. He pointed out that the Council can review the project at any time and either proceed, delay,or deny the project. There was considerable discussion by the Council. Action Taken:Mr.Pearce moved that the 2004 paver project be revised to include those property owners who wish to be in the project,seconded by Mr.Shinn. Shane Kennison,404 Division,stated that he would like to have the project proceed at this time in case itis not financially feasible in the future. It was mentioned that Shane Kennison,Washington Trust Bank,GMAC,and Key Bank were requesting to complete their projects this year. There was additional discussion by the Council. The motion passed unanimously. (~J RESTROOMS FOR PARKS Staffrequested authorization to purchase the restrooms from CXT, Inc.underthe state contract for the Knolls Vista Park,the Civic Center Park,the Lakeview Park,and the Lower Peninsula Park. Since the city is purchasing four restrooms,CXT, Inc.has agreed to lower the price of each restroom by $1,500.Staff also requested direction from Council on the location of the restroom at KnollsVista Park.The second option for placementofthe restroom is more convenientfor the user but the cost for utilities is approximately $20,000 more. GaryG. Harer,Municipal Services Director,pointed out that there is playground equipmentadjacent to the option 2 location of the restroom and,if option 2 is selected,a sidewalk should be constructed from Central Drive to the restroom.The sidewalk is not included in the additional $20,000 needed for the placement of the restroom at the option 2 location.The sidewalk would cost an additional $3,000 to $4,000. Joseph K.Gavinski,City Manager, pointed out that option 2 is the best location forthe restroom, even though it is more expensive. There was some discussion by the Council. Action Taken:Mr.Blackwell moved that staff purchase the four restrooms from the state contract (CXT,Inc.)without going to bid,inthe amount of$297,352.98 and the KnollsVista Park be located at the option 2 site,which is adjacent to the Knolls Vista School property,seconded by Mr.Shinn, and passed unanimously. SAGE VISTA 1st ADDITION PRELIMINARY PLAT -APPEAL The Community Development Department received an appeal to the Sage Vista 1st Addition ^y Preliminary Plat approved with conditions bythe Planning Commission on April 15,2004.Two separate appeals were filedwithin the appeal period specified under MLMC 20.11,entitled Appeals. The appeals were filed by David Lambert who resides at 1317Virginia Streetand Shawn Fisk who resides at 1314 Virginia Street.Both Mr.Lambert and Mr.Fisk have appealed the Planning Commission's recommendation to require a pedestrian publicaccesseasement from Carolina Drive to Valley road and a cul-de-sac at the end ofVirginia Street in the eventthe street is not completed by the Ridgecrest Plat. Gilbert Alvarado,Community Development Director,stated that the complete record has been provided to the Council and all parties of record have been notified.He pointed out that at the last closed record appeal the Council allowed the appellants,proponents,and staff to state their positions.He mentioned that the parties of record who are not part ofthe appeal cannot provide testimony. /OYS ///y /Mi* 6120 CITY COUNCIL MINUTES May 25, 2004 James A.Whitaker, CityAttorney,remindedthe Council thatwhat will be heard is arguments from the appellantdirected toward the record that is believed to sustain his appeal. This is a closed record matterand he recommended that a time limit be set for the participants. The Council determined that a 5 minute time limit should be set for testimony from all parties. Shawn Fisk,1314 Virginia,stated that the appeal concerns the walking path from Carolina Street to Valleyand the cul-de-sac at the end of Virginia Street. The walking pathwill not help alleviate traffic inthis neighborhood.They wouldliketo have Carolina Street connect toValley Road since there iscurrentlyonly one ingress and egress to the development.He feltthat the one access will create a traffic hazard.The other part ofthe appeal isthe cul-de-sac attheendof Virginia Street /^ ifitdoes not connect throughthe Ridgecrest development to Crestview Drive.Herequested that Virginia Street be required to connect to Crestview Driveinorder to provide an additional access point. Jim Keyes, Columbia Northwest Engineering, stated that the layoutof the platwas discussed with the city staff and the original proposal to connect Carolina Street to Valley was removed at the request of the city. He mentioned that the street has been staked and the contract let for the construction of the remainder ofVirginia Street to Crestview Drive. He stated that if the Council determines that another access is needed onto Valley Road, itshould not be requiredon this plat but on the next plat to be developed to the west. Mr.Shinn stated that he has had conversations concerning this platbut nothing about the items on appeal and does not feel he has a conflict of interest. He wanted to know why there was no access to Valley Road from this plat. Gary G.Harer,Municipal Services Director,stated that in looking at the conceptual plans it was determined that a signal was required at Paxson and Valley and an access to Valley Road would be provided from the next development tothe west. There aretwo accesses intothis development, one from Paxson Driveand one from Crestview Drive. Valley Road currently has an ADT of about 7,000.He mentioned that the main access to Cascade Valley isValley Road.The majorityof the trafficfrom Cascade Valley will be using Valley Road to getto and from CascadeValley. An access onto Valley Road for the Sage Vista 1st Addition will be a minor convenience for the property owners and will be a major hindrance to the traffic on Valley Road.Any access from this area onto Valley Road should be considered during review of the development of the property to the west of this plat. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the decision of the Planning Commission be affirmed and the preliminary plat be approved,seconded by Mr.Lane,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS fOoS AWC ANNUAL CONFERENCE Joseph K.Gavinski,City Manager,reminded the Council that the AWC Annual Conference on is on June 15 -18 in Ocean Shores. //3?AMBULANCE SERVICE Dave Helms,Fire Chief,reported on an incident between the city's Fire Department and Grant County Fire District#5.At the scene of an accident the city had the patient in its care when Grant County Fire District#5 preempted the city's position and transported the patient to the hospital. Mayor Covey stated that he was concerned about patient care and the conflicts between the city and Grant County Fire District #5. There was some discussion. Jim Whitaker,City Attorney,stated that there is a hearing on June 3 to consider the relationship between the city and Grant County Fire District #5.The issues may become moot depending on a decision from the Department of Health. CITY MANAGER REPORTS AND COMMENTS Ot lQ5f WHEELER ANNEXATION -FINAL DECISION Joseph K. Gavinski, City Manager,stated that the Supreme Court's decision on annexation procedures in the State ofWashington has become final. With this final decision the Grant County Fire District #5 owes the citystatutory costs and attorney fees inthe amount of $532.93. /Qlnfi BUILDING ACTIVITY REPORT The Building Activity Report for April 2004 was presented. n ~ 6121 CITY COUNCIL MINUTES May 25,2004 2004 CHIP SEAL PROJECT/STREET REPAIR AND MAINTENANCE ISSUES Joseph K.Gavinski,City Manager,stated that the reports from the Municipal Services Department point out that the city's streets are deteriorating and that additional funds for street repairs would be needed.He pointed out that the city has covered the losses due to I-695 with reserve funds but those reserve funds are exhausted and there are now few funds allocated for street maintenance. This lack of funds is beginning to show in the deterioriation of the streets.He mentioned that before I-695 was passed the city received about $450,000 and the city now receives about $83,000 for street repairs.He pointed out that even through the Municipal Services Department is requesting additional funds for street repairs,there are no funds available.He mentioned that the city's financial situation is tight because the sales tax revenue has not improved,the city is limited in its property tax receipts,the interest earnings have not increased,the I-695 money is lost,and the city has used up its reserves. The regular meeting was adjourned at 10:15 p. Ronald R.Cone,Finance Director ^J u o BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE APPEAL OF THE APPROVAL OF SAGE VISTA 1st ADDITION NO.-PLAT APPEAL 04-1 FINDINGS,CONCLUSIONS,AND DECISION 1.A closed record hearing was held upon proper notice before the City Council on May 25,2004.These matters are before the City Council on appeal.The appellants are Shawn Fisk and Dave Lambert. 1.1 The plat approval of Sage Vista 1st Addition appealwas a closed record appeal ofthe approval conditions No.4 and No.5 of Attachment A of Sage Vista 1st Addition approval by the Planning Commission to Hayden Enterprises,LLCto permitthe internalstreet system ofthat platto be approved as submitted without allowance of a direct street connection from Carolina Street to Valley Road. 1.2 The parties to this appeal are: 1.2.1 The appellants raisingthe same issue are Shawn Fiskand Dave Lambert. 1.2.2 Hayden Enterprises,LLC is the respondent. 1.3 Evidence.The CityCouncil consideredthe following evidence in connection with the closed record appeal of the approval of approval conditions No. 4 and No. 5 of Attachment A of Sage Vista 1st Addition approval: 1.3.1 The record from the open record hearing beforethe Planning Commission consisting of all written materials submitted to the Planning Commission and all exhibits entered by the Planning Commission. 1.3.2 The City Council heard the argument of Shawn Fisk and John Keyes, representing Hayden Enterprises,LLC on the hearing record. 2.FINDINGS AND CONCLUSIONS. Based upon the evidence presented to them,the City Council makes the following findings and conclusions: 2.1 There are appropriate provisions for vehicle traffic in approval conditions No. 4 and No. 5 of Attachment A of Sage Vista 1st Additionapproval.The appellants having presented no argument which established the Planning Commission acted contrary to the evidence provided to it on this issue. 2.2 There is no basis to modifythe decision of the Planning Commission as respects approvalconditions No.4 and No. 5 of Attachment A of Sage Vista 1st Addition approval. 2.3 The decision of the Planning Commission as respects approval conditions No. 4 and No.5 of Attachment A of Sage Vista 1st Addition approval is neither arbitrary nor capricious and is supported by the record. 2.16 Approvalconditions No.4 and No.5 of Attachment A of Sage Vista 1st Addition approval and the approval ofthat platis supported by the evidence inthe record ofthe proceeding beforethe Planning Commission. The Planning Commission's approval ofthe platwith approval conditions No. 4 and No. 5 ofAttachment A of Sage Vista 1st Addition approval should be sustained. Page 1 of 2 3.DECISION. From the foregoing findings and conclusions,the City Council makes the following determinations and decisions: 3.1 The approval conditions No. 4 and No. 5 of Attachment A of Sage Vista 1st Addition approval and the approval of that plat is sustained and the appeal is denied. Ronald C.Covey Mayor Page 2 of 2 ^ n