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1999 07 275497 MOSES LAKE CITY COUNCIL July 27,1999 Council Present: Richard Pearce,Daryl Jackson, Lee Blackwell,Ron Covey,Wayne Rimple,and Bob Chapman Absent:Grant Nichols MINUTES:Mr.Blackwellmoved thatthe minutes ofthe July 13 meeting be approved as submitted,seconded by Mr.Rimple, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Blackwell moved that the bills,checks,and prepaidclaims issued be approved,seconded M by Mr.Jackson,and passed with Mr.Rimple abstaining from voting for that portion ofthe bills for Faber Industrial Supply and Moses Lake Steel Supply. \jouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursement claims certifiedas requiredby RCW42.24.090,have been recorded on a listing which has been made available to the City Council. Claims: The vouchers included on the below listas modified by the Counciland noted upon said listforthe Council meeting of July 27,1999 forthe funds listed below are approved inthe amount of $275,532.43. GENERAL FUND STREET STREET REPAIR/RECON EQUIPMENT LEASES 1998 REFUNDING GOB STREET IMPROVEMENT WATER/SEWER FUND WATER/SEWER CONSTRUCTION WATER/SEWER LEASES PrepaidClaims: Prepaidclaims approved bythe CityManager according tothe processestablished by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been re corded on a listingwhich has been made available to the City Council.The claims listed below are approved in the amount of$7,387.39 for all funds. 0 $63,212.75 SANITATION BILLING 179.05 965.98 AIRPORT 237.10 159.64 UNEMPL COMP INSURANCE 375.00 8,706.32 SELF-INSURANCE 1,366.84 108,424.17 CENTRAL SERVICES 11,210.94 957.36 EQUIP RENTAL-OPERATION 34,418.00 22,893.72 BUILD MAINT-OPERATION 18,607.45 2,674.85 FIREMANS PENSION 50.00 1,093.26 TOTAL $275,532.43 GENERAL $5,125.63 CENTRAL SERVICES 1,380.36 STREET 335.24 BUILD MAINT-OPERATION 11.89 WATER/SEWER FUND 534.27 TOTAL $7,387.39 u Claim Checks:Checks 692 through 892 issued on July 14,1999were approved for payment at the Council meeting held on July 27,1999 in the total amount of $564,939.28. Payroll:The payrollissued on June 25,1999 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 10245through 10499 inthe amount of$72,275.79. Payroll:The payroll issued on July 23,1999 having been approved pursuantto the rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 937 through 961 in the amount of $257,377.66 and checks 10766 through 111016 in the amount of$78,727.63. PROCLAMATION The proclamation declaring August 3,1999 as National Night Out 1999 was read in its entirety.//3A MANTA RAYS Greg Littlefield,President of the Manta Rays Swim Team,expressed their appreciation for the use ofthe /OOO pool fortheir annual swim meet.There were 421 swimmers who participated from Washington,Oregon, and Idaho.The Council was presentedwith some homemade cookiesand a Certificate ofAppreciation was presented to Jerry Thaut,Parks and Recreation Director. II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA AcceptWork -Reservoir#5 - Painting Project:Thomas Steenmeyer Company,Inc.hascompleted work on the Reservoir #5 Painting Project.The work should be accepted and the 30 day lien period entered into. Request to Serve Alcohol -Sister City Reception -Museum/Art Center:City staff requested permission to //O j serve wine during the reception for the Yonezawa Sister City representatives of the Friendship Committee on August 17,1999 at the Museum and Art Center. Resolution -Accept Donation - Spring Festival: A resolution was presented which accepts $500 from the Spring Festival to be used forthe Safe Street Program. t/wo /O'/0> 5498 CITY COUNCIL MINUTES: 2 July 27,1999 \0LI w Resolution -Accept Donation -Gavinski:Aresolution was presented which accepts a1983 Oldsmobile Delta '88 Royale from Joseph K.Gavinski and Sue Bennett-Gavinski. iF)/2>Resolution -Accept Easements -Vehrs:A resolution was presented which accepts four easements from 'Norm Vehrs for the 1999 Sidewalk Project. Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Rimple, and passed unanimously. <o\0* //o/ m 0&x IV.CONSIDERATION OF BIDS n 1999 SIDEWALK PROJECT The city received four bids for the 1999 Sidewalk Project.The low bidder has an irregularity and staff investigated the city's legal options in waiving that irregularity. Mr.Jackson stated that due to his association with the Transportation Improvement Board he would abstain from participation in this issue. James A.Whitaker,City Attorney,stated that the page thatwas left outofthe bid package is not a pagethat is required to be signed.The inadvertentexclusion ofthis pagewould not createany competitive advantage to the bidder. Action Taken:Dr.Covey moved that the irregularity be waived and the bid be awarded to Harden Construction in the amount of $212,898.50 for the 1999 Sidewalk Project,seconded by Mr.Blackwell, and passed with Mr.Jackson abstaining. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS MURPHY STREET ADDRESS CHANGES Debra Stolle,1018 W. Murphy,representing the families of West Murphy Street,has submitted a letter requesting that thechange ofMurphy Streetto Central Drivebe reversed.They have suggestedthat Central Drivebe changed to Murphy Street since there are no businesses or residences that would be affected by the name change. Joseph K.Gavinski, City Manager, pointed out that an ordinance has been passed which changes the f) addressing on Murphy Street to Central Drive. An ordinance would have to be adopted to reverse that change. Ms.Stolle stated that there are six families on Murphy Street and none were notified of the proposed change. Mr.Gavinski stated that there is no requirement for the city to give personal notice to residents when street names are changed. There was some discussion by the Council and staffwas directed to draft an ordinance which would require the city to notify property owners ofany address changes and to work with the residents of Murphy Street on the directional confusion since the direction was changed from West Murphy to North Central. ORDINANCE -BROADWAY BUSINESS PARK SOUTH ZONE CHANGE -2ND READING/PUBLIC HEARING Bob Fancher,Desert Investment,Inc.,has submitted a requestfora zone changeof the Broadway Business Park South MajorPlatand the proposed Broadway Business Park South Short Plat from Light Industrialto C-2,General Commercial and Business.The rezone is sought inorder to allow commercial uses on this property without having to request a conditional use permit. The ordinance amending Chapter 18.09 of the Moses Lake Municipal Code was read by title only. The public hearing was opened. Action Taken:Mr.Blackwell moved that the publichearing be closed,seconded by Mr.Jackson,and passed (1 unanimously. Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted and the Findings of Fact be accepted,seconded by Mr.Rimple, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -OFFICE HOURS -2ND READING An ordinancewas presented which deletes Chapter 2.90. This chapter set the office hours forthe Finance Department at 9 a.m. to 5 p.m. Withthe new utility billing system and drop box payment system,itwas felt that the Finance Department hours should be the same as allother city departments. u 5499 CITY COUNCIL MINUTES:3 July 27,1999 The ordinance deleting Chapter2.90 of the Moses Lake Municipal Code entitled "Office Hours"was read by title only. ActionTaken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell, and passed unanimously. ORDINANCE -WATER AND SEWER CONNECTIONS -2ND READING An ordinance was presentedwhichupdatesthe legal description of property whichhas been provided city water and sewer service inthe Laguna area and forwhich funds are still owning. The ordinance amendingChapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. ActionTaken:Mr.Blackwell moved that the second reading of the ordinance be adopted,seconded by Dr. Covey,and passed unanimously. ORDINANCE -DEPARTMENT OF NATURAL RESOURCES ZONE CHANGE -CORRECT LEGAL //&D DESCRIPTION - 1stREADING '' An ordinance was presented which amends Ordinance 1858 by correcting the legal description of the rezoned propertyowned by the Department of Natural Resources at Kittelson Corner. The ordinance amending Ordinance 1858 to correct a legaldescription forpropertylocated inthe Kittelson Corner area was read by title only. ActionTaken:Mr.Rimple moved that the firstreading ofthe ordinance be adopted and a publichearing and the second reading of the ordinance be set for August 10,1999,seconded by Dr.Covey,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS COF HEADWORKS BUILDING Staff requested authorization to call for bids for the replacement of the COF Headworks Building. i J Action Taken:Mr.Jackson moved that staff be authorized to call for bids,seconded by Dr.Covey,and^-^passed unanimously. /07* /a?/ VIII.REFERRALS FROM COMMISSIONS RESOLUTION -BUILD ON UNPLATTED PROPERTY -PENINSULA ELEMENTARY SCHOOL //£&-/) The Moses Lake School District has requested permission to place a portable classroom at Peninsula Elementary Schoolat2406W.Texas. The areais unplatted andzoned Public.The Planning Commission recommended that the request to buildon unplatted propertybe denied because of concerns about lack of sidewalks and the size of the parcel. The resolution allowing School District #161 to build on unplatted property was read by title only. Gilbert Alvarado,Community Development Director,statedthatsidewalksareexisting on Burress,Texas, and Tulare and the Planning Commission felt it would be beneficial to havethe property platted.He mentioned thatthe School District is proposing touse the modular unitsas permanent classroom facilities. Dr.Covey felt that since thebuilding will bepermanent in nature it would beagood idea tohave theproperty platted. Mr.Jackson pointed out that the increase in the school population means that the School District will probably be using the portable classrooms for many years and he felt the area should be platted. Action Taken:Mr.Jackson movedthatthe resolution to build on unplatted property be denied becauseof the use and size of the property,and due to the permanent nature of the building,seconded by Mr.\^J Chapman,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION OFF-PREMISE SIGNS IN R-3 ZONE ThePlanning Commission was presented with a request for anoff-premise sign in theR-3 Zone,Multi-family Residential.The Moses Lake Municipal Code does not allow off-premisesigns inthe R-3 Zone. The Planning Commission hassuggestedthatthe ordinance beamendedto allow off-premise signsin the R-3 Zone with certain safeguards and withthe approval of the Planning Commission.Direction from Council was requested on this suggested amendment to the sign regulations. /o^V lort \iP \m 5500 CITY COUNCIL MINUTES:4 July 27,1999 Gilbert Alvarado,Community Development Director,mentioned that the request for an off-premise sign in the R-3 Zonewas made for a lot fronting Pioneer Wayand adjacent toa C-2 zone. Mr.Rimple pointed outthat this isa unique situation because ofthe proximity ofthe C-2 zone and ifthe ordinance ischanged it would impact all the R-3 zoned property in thecity. There was some discussion by the Council and it was the consensus that off-premise signs should not be allowed in the R-3 Zone. Action Taken:Mr.Jackson moved that the request for off-premise signage in the R-3 Zone be denied,/r> secondedby Mr.Blackwell,and passed unanimously.(|) YONEZAWA BOULEVARD -ROUNDABOUTS Staff requested direction from theCouncil on theuseofroundabouts onthe proposed Yonezawa Boulevard at the Division,Clover,and Maiers Street intersections.Roundabouts have proven effective in decreasing the number and severity oftraffic accidents.The benefits of roundabouts include the slowing oftraffic by 10 to 15 mph atthe intersections and,because there are no traffic signals involved,there are no complica tions during power outages. Gerry McFaul,City Engineer,stated that Moses Lake isshowing an increase in accidents atstop lights from excessive speed and the running ofthe red lights.There area number ofadvantages to roundabouts as they require vehiclesto slowdown going through the intersections. Mr.Rimple was concerned overthe fact that the roundabouts aresingle lanes and Yonezawa isa four lane. He felt thatwith the amountoftraffic thatwill be usingYonezawa atwolane roundabout would work better. Mr.McFaul pointed outthat thecity hassufficient right-of-way for atwo lane roundabout but the proposal was for aonelaneroundabout toallow peopletogetusedto driving through them. He mentioned thateven the 20 year growth projections wouldnotexceed the capacity ofa singlelane roundabout. Mr.Blackwell statedthathe isin favor ofthe roundabouts as he has lived inan areawherethey are used and they work very well. Mr.Jackson pointed out that there is a move to get away from signalization because of the cost of installation and maintenance. Action Taken:Mr.Blackwell moved that staff pursue the idea of roundabouts on Yonezawa Boulevard and hold a public meeting on the subject,seconded by Mr.Chapman,and passed unanimously. DRIVEWAY VARIANCE -NOBACK/IVERSON Jim Noback and Patricia Iverson have requested a variance of the Community Standards to allow the installation ofa 27'driveway on the east side of their property at 541 E.Sharon.This property is within 200' of an intersection and Community Standards provide fora 20'wide driveway. Gerry McFaul, City Engineer,stated that the requested driveway cut will have to be reduced by 5'so that itwill match the existing handicapped ramp. He mentioned that the sidewalk inthis area will be 10'wide across the full width of this property which makes for a 26'setback from city right-of-way. Mr.Noback stated that the 5' reduction is not a problem.The driveway would be 27' wide on his property to provideenough space to parkhisvehicles on his lot.They are requesting the extradrivewaywidthatthis time because of the sidewalk project being constructed by the city inthis area. Action Taken:Mr.Jackson moved that the request fora 22'curb cut, a 27'driveway, and 30'setback be approved,seconded by Mr.Blackwell,and passed unanimously. DRIVEWAYVARIANCE -BILL'S MARKET A varianceto the driveway standards has been requested for Bill's Market locatedat2224W.Broadway. The request is to replacea 30'wide driveway with a 50'wide driveway whichwill be located next to the northeast property line,within 40'ofastreet intersection andwithin 16'ofthe adjacentdriveway onthe same lot.There are currently four curb cuts on this property. ActionTaken:Mr.Jackson moved thatthe request be removed from the table,seconded by Mr.Rimple,and passed unanimously. Gerry McFaul,City Engineer,stated that Bill's Market wants the twodriveways.The cityis willing to allow a 40'wide driveway rather than the two that has been requested. Larry Larson,representing the owners of Bill's Market,explainedthe request to the Council. Mr.McFaul stated that one of the issues is too many curb cuts. He pointed out that a 50' curb cut iswider than a standard street. He mentioned thatthe city's concern istrafficon West Broadway, notthe gas station. n n 5501 CITY COUNCIL MINUTES:5 July 27,1999 Mr.Chapman suggested eliminating one ofthe curbcuts into the gas pumps. Mr.Larson stated that problems could occurwhen therearetrucksentering and leaving through a single curb cut. Action Taken:Mr.Jackson moved thatthe 30'curbcutonthe east end ofthe property be increasedto 40', seconded by Dr.Covey,and passed unanimously. VARIANCE REQUEST -WESTERN AVENUE -CRAB CREEK BREWERY //#•? {^_J Jerry Keith,Crab Creek Brewery,has requested avariance to the Community Standards in order to pave a portion of Western Avenue without curbs, gutters, or sidewalks. Gerry McFaul,City Engineer,statedthatstaffwas concerned with non-standards streets being constructed and the precedent it would set. Phillip Keith,representing CrabCreek Brewery,pointed outthatWestern Avenue isnotonthe city'sstreet improvement plan.It iscurrently a gravel road without sidewalks,curbs,orgutters.Anywaterrunoffpools intoa lowareaon his property andthey have todealwith it.Hedidnot feeltherewouldbe any pedestrian traffic along Western Avenue as patrons of the business would arrive by car.The proposal is to pave Western from Broadway totheedge oftheirproperty inthe first phaseandthencompletethe improvements to the end of their property. Mr.Rimple wanted to know ifthis is similarto what was done by Mr.Brotherton on MilwaukeeAvenue. Mr.McFaul stated that Mr.Brotherton was more interested in adding asphalt forthe convenience of this forklift operators. Mr.Jackson pointed out thatthis area is railroad right-of-way and he wanted to know ifitis subject to city regulation. James A.Whitaker, City Attorney,stated that the city regulationswould apply to any dedicated street even ifitis locatedon a pre-existing railroad right-of-way.He pointedoutthatthe railroad right-of-way has been vacated and is no longer subject to inter-state regulations. u Gilbert Alvarado,Community Development Director,stated that Western Avenue is a dedicated street. Mr.Jackson pointed out that Mr.Brotherton's operation on Milwaukee Avenuewas primarily an agricultural use rather than a restaurant. Mr.Rimpledid not see any difference between Mr.Brotherton'srequest and Mr.Keith's request as the city allowed a private individual to pave a city road. Mr.Alvarado pointed out there was also a request to build on unplatted property with Mr.Brotherton's request and the paving had already been done priorto coming to the city for permission. Mr.McFaul pointed out that the city could be held liable forany problems or accidents that occuron a street that is not built to city standards. Mr.Jackson wanted to know the occupancy of the building. Mr.Keith stated that maximum occupancy of the building is 2,300. Mr.Chapman suggested that the construction of sidewalks,curbs, and gutters be waived butthe paving be required to be to city standards. Joseph K.Gavinski,City Manager,pointed out that it is city policy that streets without utilities will not be included on the Street Improvement Plan. Mr. Keith mentioned that he had extended sewer down Western Avenue to his property. Mr.Gavinski stated that if utilities are in place in Western Avenue,the street could be placed on the Street N Improvement Plan for future improvements. There was some discussion by Council and staff was requested to add Western Avenue to the Street Improvement Plan. Mr.McFaul stated that ifthe adjacent property owners are willingto participate in the cost of the improve ments,the street would move to the top of the list on the Street Improvement Plan. No action was taken by Council on the request to pave Western Avenue. )W p> \\°p ino /oi(* 5502 CITY COUNCIL MINUTES: 6 July 27,1999 VARIANCE REQUEST -UNDERGROUND UTILITIES -PUD The PUD will be replacinga section ofexisting overhead distribution linesalong Reisner Road fromCentral Driveto Dale Road and along Grape Drive from Valley Road to Dale Road.The PUD is requesting a variance to the requirement that these distribution lines be placed underground. Ron R.Reese,Distribution Chief Engineer,stated that these two lines were built in 1955.The load has increased to the pointwhere the existing conductors are inadequate and they need to be replaced with largerconductors.Since the lineis nearly45 years old,the existing poles also need to be replaced. Both of these areas are fully improved with city streets and utilities and allthe services are overhead. Action Taken:Mr.Jackson moved that the variance request be approved,seconded by Mr.Chapman,and passed unanimously. Qp MUNICIPAL AIRPORT IMPROVEMENTS -GRANT AGREEMENT Authorization was requested forthe City Managerto sign the $33,000 grant agreementwiththe Department of Transportation,Aeronautics Division for improvements to the MunicipalAirport. ActionTaken:Mr.Rimple moved thatthe CityManagerbe authorized tosignthe grantagreement,seconded by Mr.Blackwell,and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS -None WEEDS Mr.Rimple expressed concern about the proliferation of weeds in the city. Joseph K.Gavinski,City Manager, distributed a letter from Lila Vogt requesting thecity give some attention to the weedy parking strip and empty lots along West Broadway. He mentioned that the city has hired a part-time person duringthe summer to help inthe code enforcement operations of the city but ittakestime to get around to all areas ofthe city. It was pointed out that some ofthe weeds are considered noxious weeds and are the responsibility ofthe ^-s^ Grant County Noxious Weed Control Board.(] ICE RINK Mr.Chapman wanted to know the reasons forthe decision to not pitsetthe ice rink. He pointed out that pit setting the ice rink would provide additional wind protection. Gerry McFaul, City Engineer,stated that one of the reasons given by the consultant for not pit setting the ice rink is the problem with drainage. He mentioned that there willbe higher plexiglass which willoffer 3' to 4'more wind protection. Joseph K.Gavinski,City Manager,stated that staffwill prepare a report for theCouncil on the pros and cons of pit setting the ice rink and the costs for the development ofthe ice rink. XII.CITY MANAGER REPORTS AND COMMENTS ENGINEERING PROJECTS REPORT Joseph K.Gavinski,City Manager,presented the Council with the list of projects the Engineering Division currently has scheduled.He mentioned that an additional engineer has been added to the city staff. n jQO I NON-CONFORMING USES Joseph K.Gavinski,City Manager,presented a reportshowingthe potential non-conforming uses within the city's limits as well as the designated non-conforming uses. GilbertAlvarado,Community Development Director,explained that the non-conforming residential uses in ri the commercial zones could be taken care ofthrough the conditional use process since residential uses are — a conditional use in the commercial zones.The greater problem comes with the commercial uses in residential zones. Mr.Rimple mentioned out that most of the non-conforming uses do not create any problems for the city. It isthe non-conforming uses that continually have healthand safety violations thatareaconcerntothe city and should be eliminated. Mr.Gavinski pointed outthatthecitycandealwithjustthose non-conforming uses withthe healthandsafety violations,specifically the mobile home parks.Hementioned thattherehasbeenimprovementsinthe parks in the last two weeks. He mentioned that the city has obtained ordinances from both Spokane and Kennewick which deal with non-conforming uses and which puts the burden ofcompliance onthe property owner rather than the city. 5503 CITY COUNCIL MINUTES:7 July 27.1999 Mr.Chapman requested that staff draft anordinance dealing with the non-conforming manufactured home parks inthe city. BOYS AND GIRLS CLUB Joseph K.Gavinski,City Manager,reported on the success of the lunch program conducted by the Boys and Girls Club at McCosh Park. GROWTH MANAGEMENT i^J Joseph K.Gavinski,City Manager,presented a letter from the Department of Community,Trade and Economic Developmentdealing with Growth Management. Hementioned thatthe mediation between Grant County andthecity will takeplace onFriday,July 30.1999 atCity Hall.The mediator from the Department of Community,Trade and Economic Development will be Nan Hendrickson. Hementioned thatDune Lake Farms has requested they be included in the City ofMoses Lake's UGA and if the county can justify its inclusion the city would haveno objections. Mr.Gavinski stated thatthecity will alsoattend the meeting at Royal City andtheoneat Coulee City that the county is holding on Growth Management. 2000 BABE RUTH WORLD SERIES Joseph K.Gavinski,City Manager,distributed a letter from Randy Boruff,which stated thatif itbecomes necessary torequest guarantees from the city,profits derived from the 2000 Babe Ruth World Series would be donated back to the cityinan amount sufficient to cover the payment ofthe guarantee. Itwas the consensus ofthe Council that the city would notguarantee any portion ofthe $40,000 required to sponsor the 2000 Babe Ruth World Series. COLUMBIA RIVER SUGAR Joseph K.Gavinski, CityManager,stated that currently the sugar company owes the cityover $50,000 in waterand sewercharges.The sugar company is making some payments on the bill and when the federal i i loan is approved the amount should be paid off in full. SISTER CITY Joseph K.Gavinski, CityManager,stated that the Sister Citydelegation will be visiting Moses Lake and a reception has been planned forAugust 17 at the Museum and ArtCenter. On August 18 the Sister City Statue will be dedicated at City Hall and there will also be a ribbon cutting at Yorrezawa~B©ul^vard. The regular meeting was adjourned at 9:40 p.m.\\f\\\\\/) ATTEST:Mayor U /00 7 /C?> im //3 b /JOf u u u /City Council BEFORE THE PLANNING COMMISSION OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE ZONE CHANGE FOR DESERT INVESTMENT,INC. NO.ZC 99-4 FINDINGS OF FACT,CONCLUSIONS,AND DE CISION HEARING BEFORE THE PLANNING COMMISSION. 1.1 1.2 1.3 1.4 Date. A public hearing was held upon proper notice before the Commission on June 24, 1999. Proponent. Desert Investment,Inc.is the proponent of this zone change. Purpose. The proponent has requested a zone change of property legally described as follows from Light Industrial to C-2,General Commercial and Business Broadway Business Park South MajorPlat and That portion ofthe south halfofSection 14,Township 19 North,Range 28 East,W.M., Grant County,Washington,described as follows: Commencing atthe monument atthe centeriineintersectionof East BroadwayAvenue and Block Street located northerly of the most northerlycorner of PenhallurickAddition No. 2; thence South 36°20'02" East along the centeriine of said Block Street,a distance of 390.13 feet;thence south 36°18'01"East along the centeriine of said Block Street,a distance of 752.86 feet;thence North 53°41'57"East a distance of 40.00 feet, to a pointon the north easterly right-of-way line of said Block Street and the True Point of Beginning;thence continuing North 53°41'57"East a distance of 374.11 feet;thence North 36°17'23"West,a distance of 157.76 feet to a pointon the southeastboundaryofthe Broadway Business Park South Major Plat as filed underAFN 1042456,Book 19 of Plats,Pages 1and 2, Records of Grant County;thence South 53°42'37"West along the southeast boundary line of said Broadway Business Park South Major Plat,a distance of 374.14 feet, to a point on the northeasterly right-of-way lineof said BlockStreet;thence South 36°18'01"eastalongsaid right-of-way,a distance of 157.84 feet, to the true pointof beginning. Evidence. The Commission considered the following materials in reaching its decision. A. The application of the proponent forthe zone change. B.The lack of comments from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based uponthe evidence presented tothem, the Planning Commission made the following findings of fact: 2.1 The proponent is the owner of property legally described above. 2.2 The property involves both platted and unplatted parcels. 2.3 The zone change is in the public interest. 2.4 The zone change will benefit the public welfare. 2.5 There were no negative comments from the public. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of factthe Commission made the following conclusions: 3.1 The Planning Commission of the Cityof Moses Lake is vested withthe authorityto recom mend to the CityCouncil the advisability of the proposed change inzoning. 3.2 The rezone request of the proponent is properly before the Commission forits recommen dation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this rezone request. 3.5 Itis in the best interests andwelfare of the city's citizens to rezone the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission of the Cityof Moses Lake to the CityCouncil of the Cityof Moses Lake thatthe request for a rezone of this property be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. Apublic hearing was held upon propernotice beforetheCityCouncil on July 27,1999. 5.2 Proponent.Desert Investment,Inc. is the proponent of this rezone. 5.3 Purpose.The City Council considered the request for a rezone. 5.4 Evidence.The City Council considered the following materials in reaching its decision: A.The application of the proponent for the rezone. B.The history of the property. C.The lack of comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. Nofurther evidence was presented to the CityCouncil. The CityCouncil adoptsthose findings offact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL. From the foregoing findings offact the CityCouncil makes the following conclusions: 7.1 The City Council of the Cityof Moses Lake is vested with the authority to make 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 Itis proper at this time for the City Council to make a decision on this rezone 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 the zone change request. Richard Pearce,Mayor n n n