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1999 05 115471 MOSES LAKE CITY COUNCIL May 11,1999 Council Present:Richard Pearce,Daryl Jackson, GrantNichols,Lee Blackwell,Wayne Rimple,RonCovey, and Bob Chapman MINUTES: Dr.Covey moved that the minutes of the April27 meeting be approved as submitted,seconded by Mr.Blackwell and passed unanimously. Mr.Blackwell moved that the minutes of the April30 special meeting be approved as submitted,seconded by Mr.Nichols, and passed unanimously. [^J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Jackson moved thatthe bills,checks,and prepaid claims issued be approved,seconded by Mr.Blackwell,and passed with Mr.Rimple abstaining fromvoting forthat portionof the billsto Moses Lake Steel Supply and Faber Industrial Supply. Vouchers audited and certifiedby the Finance Directoras required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW42.24.090,have been recorded on a listingwhich has been made available to the City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said listforthe Council meeting of May 11,1999 forthe funds listed below are approved in the amount of $383,741.33. GENERAL FUND $58,104.43 UNEMPLCOMP INS 8,044.45 STREET 2,458.486 SELF INSURANCE 16,016.95 STREET IMPROVEMENT 36.18 CENTRAL SERVICES 10,275.74 PARK &REC.IMPROVEMENT 60.30 EQUIP RENTAL-OPERATIONS 52,588.62 WATER/SEWER FUND 27,560.68 BUILD MAINT-OPERATIONS 17,090.55 W/S CONSTRUCTION 104,631.41 FIREMANS PENSION 101.00 SANITATION FUND 85,443.70 M. L YOUTH PARTNERSHIP TF 1,302.63 AIRPORT 26.21 TOTAL $383,741.33 Prepaid Claims: Prepaid claims approved by the City Manageraccording to the process established by Moses Lake Municipal Code 3.42.030 and the internalcontrol 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 $7,142.58 for all funds. ^J GENERAL $308.95 WATER/SEWER FUND 1,483.63 PARK &REC.IMPROVEMENT 5,350.00 TOTAL $7,142.58 Claims Checks:Checks 25541 through 25676 issued on April28,1999 were approved for paymentat the Council meeting held on May 11,1999 in the total amount of $323,947.41. Payroll:The payrollissued on April30,1999 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 67979 through 68173 inthe amount of $325,742.28. Payroll:The payroll issued on April30,1999 having been approved pursuant tothe ruleofthe CityCouncil set forthin Moses Lake Municipal Code 3.42.040,was paidby checks 68174 through 68190 inthe amount of $9,572.19. II.EMPLOYEE PRESENTATIONS Fire Department: Brett Bastian, Fire Marshal,was presented to the Council. III.CONSENT AGENDA Resolution - Vacate Third Avenue: A resolution was presented which sets a public hearing before the Planning Commission forthe vacation of a portion of ThirdAvenue and adjacent alleys. id tf Resolution -Accept Street and Utility Improvements -Pioneer Commercial Park 1st Addition:Aresolution //£& was presented which accepts the street and utility improvements constructed as part of the Pioneer [^J Commercial Park 1st Addition located on Sharon Avenue. Resolution - Accept Utilities - Crab Creek Brewery:A resolution was presented which accepts sewer improvements inWestern Avenue which serve the CrabCreek Brewery. Resolution -Accept Utilities -Lakeland Point:Aresolution was presented which accepts street and utility j)£^ improvements constructed as a part of Lakeland Point located on Crest Drive. Resolution -Accept Donation -Japan Air Lines:Aresolution was presented which accepts a$2,000 /0L)if donation fromJapan AirLineswhich isto be used inthe Parksand Recreation Department for facilities and programs. Action Taken:Mr.Jackson moved thatthe ConsentAgendabe approved,seconded by Dr.Covey, and passed unanimously. ;)02 13 -/(/ 5472 CITY COUNCIL MINUTES: 2 May 11,1999 IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS PUD FIBER OPTIC CABLE -VARIANCE The PUD has requested a variance to the Community Standards in order to install fiberoptic cable on existing overhead lines ratherthan place itunderground.The cost forthe overhead lines is about $300,000 compared to $3,000,000 for undergrounding the lines. EdWilliams,Customer Service DirectorforGrantCounty PUD,stated that they have been working on the fiber optic cable project for about 5 years.The fiber optic cable will connect the substations to the Bonneville Power Administration facilities northand south of the county.The extra capacity availablewith fiber optic cable will benefit PUD customers in Moses Lake. John Moore, PUDEngineer, explained that there are 121 miles of fiberoptic cable withonly 7 miles inside the Cityof Moses Lake. The $3,000,000 cost is forthe entire projectnotjustthe 7 mileswithinMoses Lake. No new poles would be required. Action Taken:Mr.Jackson moved that the variance request be granted,seconded by Mr.Rimple, and passed unanimously. CASCADE PARK -SOCCER FIELDS A letter was read from Sandy Homey,President of the Moses Lake Youth Soccer Association,which requested the City Council to reconsider its decision to postpone the development of new soccer fields in Cascade Park.The Moses LakeYouth Soccer Associationiscomprisedofabout60 teams with600 players and provides opportunities to play soccer inthe spring,summer,and fall.Additional soccer fields would enable tournaments to be held in Moses Lake. Joseph K.Gavinski, City Manager, pointed out that the Council has rejected all the bids received forthe soccer fields in Cascade Park.Since that time, the city has been notifiedthat Shirley Kvamme and her family have offered a substantial donation to the city towards completion of the soccer fields at Cascade Park.There is some funds available inthe budget due to lowerbidsthan anticipatedonthe lighting project at Larson Playfield and the sale ofthe loton Lakeside Drive.Ifthe Councilisinterested ingoingahead with the soccer fields,the project would have to be rebid.He pointed out that the donation from the Kvamme ^^^ family would be made inmemory of Dr.Leiv Kvamme.f) Margaret Amara,Registrar,Moses Lake Youth SoccerAssociation,stated that there is about 800 children inthe association. There were over70 kindergartenchildrenenrolledinsoccerthis year. Allthose children hadto be accommodated on the field at Midway School. Allthe 60 teams practiceMondaythrough Friday on the School District grounds. The three additional fields at Cascade parkwill helpalleviatethe crowding at the present time.She pointed out that each year more childrenenrollin soccer teams. There was some discussion bythe Council,whichwas in favorofthe project. Action Taken:Dr.Covey moved that staff be authorized to callforbids forthesoccer fields at Cascade Park, seconded by Mr.Nichols, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS L\^>ORDINANCE -FRANCHISE -WENATCHEE VALLEY CLINIC -2nd READING Anordinance was presentedwhichgrantsa franchise totheWenatchee Valley Clinic to permanently locate their private communication line under Juniper Drive. The ordinance granting toWenatchee Valley Clinic the right and franchise to use and occupydesignated streets and other public places and ways of the Cityof Moses Lake,Washington, to construct,maintain, repair,renew,andoperatea communication line inconduit,within andthrough certain portions ofthe City of Moses Lake,Washington was read by titleonly. Action Taken:Mr.Blackwell moved that the second reading ofthe ordinance be adopted,seconded by Mr./^ Jackson,and passed unanimously.\) ORDINANCE -UTILITY SYSTEM DEVELOPMENT CHARGES -1st READING An ordinance was presentedwhich adds waterandsewer system developmentcharges for a 10"meter. The ordinance amending Chapter 3.62 of the Moses Lake Municipal Code entitled "Utility System Development Charges"was read by titleonly. Gary G.Harer,Municipal Services Director,stated thatGenie Industries had requesteda 10"meter and since the ordinance only went to an 8"meter,an addition to the ordinance was needed. There was some discussion by the Council on the need or reason why Genie woulddesire a 10"meter. n 5473 CITY COUNCIL MINUTES: 3 May 11, 1999 Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr. Blackwell,and passed unanimously. ORDINANCE -ADDRESSES AND STREET NAMES -1st READING An ordinance was presented which changes the name of Belmont Street to Yonezawa Boulevard and changes the existing Yonezawa Boulevard to Jones Street.The ordinance also changes Murphy Street between Grape Driveand Paxson Road to Central Drivealong with some minor clean up items. The ordinance amending Chapter 12.32 ofthe Moses Lake Municipal Code entitled "Addresses and Street ^J Names"was read by title only. Action Taken:Mr.Jackson moved that the first reading of the ordinance be adopted,seconded by Mr. Nichols,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS 1999 SIGNAL PROJECT Staff requested permission to call for bids for the 1999 Signal Project.This project includes installation of a new signal at the intersection of Pioneer Way and Sharon Avenue,adding a left turn signal at the intersection of Pioneer Way and Third Avenue,and coordinating the signals in the downtown area and Stratford Road. This project will be partially funded by a $300,000 TIB grant. Gary G.Harer,Municipal Services Director,explained the project. Action Taken:Dr.Covey moved that staff be authorized to call for bids,seconded by Mr.Nichols, and passed with Mr.Jackson abstaining. VIII.REFERRALS FROM COMMISSIONS ORDINANCE -LANDSCAPING -1ST READING An ordinance was presented which establishes landscaping regulations for the City of Moses Lake. The ordinance creating Chapter 18.57 ofthe Moses Lake Municipal Code entitled "Landscaping"was read [j by title only. Gilbert Alvarado,Senior Planner,pointed out that this is a new,stand alone ordinance which regulates landscaping inthe city. Action Taken:Dr.Covey moved that the firstreading of the ordinance be adopted and a public hearing be set for June 8,seconded by Mr.Rimple,and passed unanimously. ORDINANCE -GANTENBEIN ZONE CHANGE -1st READING/RESOLUTION - BUILD ON UNPLATTED PROPERTY Jim Gantenbein has requested a zone change for Tax #1723 located at 1411 Lakeside Drive from R-3, Multi-family Residential,to C-2,General Commercial and Business.The Planning Commission recom mendedthat the zone change be denied as the siteis surrounded by residentiallyzoned property and would not be in the best interest of the public. Mr.Gantenbein also requested permission to build on unplatted property.The Planning Commission recommendedthatthe request be denied and the property be platted. Gary G. Harer,MunicipalServices Director,stated that the site is surrounded by residentially zoned property and the existing business can be operated at this location with a conditional use permit.The Planning Commission recommended that the request to build on unplatted property bedenied due to the size ofthe property,existing easements,and the lack of fully improved streets. The ordinance amending Section 18.09.020 ofthe Moses Lake Municipal Code was read by title only. Jim Gantenbein stated that when he bought the property three years ago he was told it was zoned commercial but he has no problems with the recommendations from staff on how to handle development [)ofthis property. Action Taken:Mr.Chapman movedthat the firstreading of the ordinance be denied and the Findings of Fact be accepted,seconded by Mr.Nichols, and passed unanimously. There was some discussion by theCouncil on whetherthe property should be platted and itwas pointed out that a record of survey would not bring to lightany easements currently existing on the property. The resolution allowing Cecil J.and Cheryl L.Gantenbein to build on unplatted property was read by title only. Action Taken:Mr.Chapman moved that the resolution be denied,seconded by Mr.Jackson,and passed unanimously. //&>/ 5474 CITY COUNCIL MINUTES: 4 May 11,1999 It was pointed out that the city owns a piece of property adjacent to Mr.Gantenbien's property and it may be advantageous to the city to join with Mr.Gantenbien in the platting of the property.Staff was also directed to contact the owners of the other tax parcels in the area to see if they would be interested in platting. RESOLUTION -BUILD ON UNPLATTED PROPERTY -WEBER Ernie Weber has requested permission to build a 12'wide by 24' long and 12' high carport to house is RV on Tax #4679.The Planning Commission recommended that the request be granted with the stipulation that the structure not exceed 12' in height or 12' x 24' in size with no walls,that a record of survey be required, and that a covenant run with the land forany future street and utility improvements. Mr.Weber stated that with a transit and an existing property pin located on the rear of his property he felt he had located his property lines within a few inches.He mentioned that the Department ofTransportation property abuts his and the DOTwillbe marking their property forthe future construction of the interchange. Because of these conditions,he requested that he not be required to have a record of survey done. Mr.Chapman wanted to know if staffwould have a major concern with the building setbacks. Gilbert Alvarado,Senior Planner,stated that staff does not feel there would be a problem with setbacks based on the site plan submitted.The staff is unaware of any easements that may be located on the property. Dr.Covey wanted to know how close the structure would be builtto the property line. Mr.Weber stated that itwould be approximately 12' from the property line. The resolution allowing Ernest E.and Deborah I.Weberto build on unplatted property was read by title only. Action Taken:Mr.Chapman moved thatthe resolution beamended to eliminatetherequirementfora record of survey and the resolution be adopted,seconded by Mr.Nichols, and passed with Mr.Jackson and Dr. Covey opposed. PIONEER COMMERCIAL PARK 1st ADDITION FINAL PLAT Phil Bloom,Columbia Northwest Engineering,has submitted a final plat for a 10 lot major plat located on ^^^ Pilgrim Street,abutting Sharon Avenue.The Planning Commission recommended that the final plat be f) approved. Action Taken:Mr.Jackson moved that the final plat be approved and the Findings of Fact be accepted, seconded by Mr.Blackwell, and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION 1999 SIDEWALK PROJECT All property owners affected by the sidewalk project on Monroe Street,Sharon Avenue,and Skyline Drive were contacted about the project. A neighborhood meeting held on April28,1999 was attended mostly by residents of Monroe Street who did not want sidewalks constructed.Staff has requested additional input from the residents on whether or not to install the sidewalks and the configuration ofthe sidewalks. Gary G. Harer, Municipal Services Director,stated thatthere are 20 homes on Monroe Street and 13 or 65% indicated they were opposed to the installationof sidewalks as itwould interfere withtheir landscaping and they would haveto provide snow removal. He mentionedthat the sidewalkwould beinstalled incity right-of- way, which the home owners are currently using as partoftheir frontyards. He pointed out that sidewalks are not just forthe benefit of the adjacent property owner but forthe benefit of the entire community.The reason the city requested a TIB grant forthis sidewalk project was the concern of the city forthe safety of children having to walk to school inthe street.The city also requested input from the residents affected by the projecton the placement of the sidewalk.The majorityof the residents indicated theywould preferthe sidewalk next to the curb. Mr.Chapman feltthat inspiteofthe opposition ofthe residentson Monroe Streetto sidewalks,thesidewalks should be installed.The sidewalk project was initiated because of safety issues. Mr.Nichols was also in favor of the sidewalk project as proposed. Action Taken:Mr.Chapman moved that staff be directed to call for bids on the project as proposed with Option A sidewalks,which places the sidewalk next to the curb,seconded by Mr.Nicholas. The projectincludes sidewalks on both sidesof Monroe,bothsides ofSharon, and one side ofSkyline. The sidewalk will have to be adjusted so that there is 5'of sidewalk behind any existing obstacles such as mailboxes,stop signs,etc. The motion passed with Mr.Jackson abstaining. n n 5475 CITY COUNCIL MINUTES:5 May 11,1999 X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS PLANNING COMMISSION The Planning Commission membership has been increased to nine members and with the concurrence of the Council,the Mayor appointed DeanI.Kastanis,W.Todd Lengenfelder,Tom Heath,and Howard Wagner to fill the vacancies. /0OA [^J CITY COUNCIL u <J Mr.Nichols announcedthathe will notbe running for re-election.Hementionedthathe has enjoyed histime on the Council and expressed his appreciation to the staff. XII.CITY MANAGER REPORTS AND COMMENTS REQUESTTO USE CITY RIGHT-OF-WAY -WHITEBIRD Randy Zielinski,WhitebirdConstruction,whoare remodelingthe oldPenney's store at 102ThirdStreet, has requested permission to blockoffthe sidewalkon the Division Street side ofthe buildinginorderto tie some new roofdrainsintothe citystormsewer. The workwill take aboutone week and will probably occurduring the week ofJune 21,1999. Joseph K.Gavinski, City Manager,stated that they will also need to block off some of the parking spaces. Mr.Nicholsstated that he would have no objection so longas the work does nottake place during Spring Festival. Action Taken:Dr.Covey moved that the request be granted withthe provisionthat adequate insurance is provided to cover the city and that itnot take place during Spring Festival,seconded by Mr.Blackwell, and passed unanimously. INVESTMENT REPORT Joseph K.Gavinski, CityManager, reportedthat the city received $62,048.23 in investment income forApril 1999. BUILDING ACTIVITY REPORT Joseph K.Gavinski, City Manager, distributed the buildingactivity report for April 1999. THREE PONDS Joseph K.Gavinski, CityManager,stated thatthe citywill be meeting withthe Department ofTransportation Wetlands Bank Oversight Committee on May 12,1999 from noon to 3 p.m.They would like to have an elected official present during at least part of the meeting. Mr.Jackson volunteered to attend the meeting. NON-CONFORMING USES Joseph K. Gavinski, City Manager,stated that information on the non-conforming uses in the city will be available at the Council's first meeting in June. GROWTH MANAGEMENT Joseph K.Gavinski, City Manager, stated that the city has received a letter fromGrantCounty dated May 5,1999 which refines their proposals regarding revenue sharing. He distributed a draft letter to the Grant County Commissioners in response to their most recent proposals. The Council discussed the need fora definitionof "resource based industry". The Council reviewed the letter and discussed the areas of conflict with the county. Itwas determined that the letter should be signed by the entire City Council. DISTRICT COURT LEASE Joseph K.Gavinski, City Manager, stated that he had sent a letter to the Grant County Commissioners concerning the useof the Council Chambers by DistrictCourt. He requested a new lease be signed orthe District Court vacate the premises by June 10,1999. The regular meeting was recessed at 9:30 p.m.and the Council met in an executive session to discuss litigation.The executive session was adjourned at 10 p.m. and the regular meeting was reconvened. ;oo<? //SA /ooz /O30/} )O Z'Cp /D?o )&> ^ 5476 CITY COUNCIL MINUTES:6 May 11,1999 WHEELER ROAD ANNEXATION Joseph K.Gavinski,City Manager,advised the City Council to stay the previous annexation proceedings for properly along the Wheeler Corridorand begin new annexation proceedings with the receipt ofa new Notice of Intent to Commence Annexation Proceedings.This new Notice of Intent to Begin Annexation Proceedings willreflectthe legal description thatwas discussed and agreed upon by the City Council as the basis for a "Wheeler Road Annexation". The reason forthe stay and starting new proceedings for a "Wheeler Road Annexation"is to eliminate or reduce any defects or deficiencies that might existwith the previous proceedings. Action Taken:Mr.Jackson moved that the city receipt the Notice of Intent to Commence Annexation Proceedings and at the May 25,1999 meeting,shall meetwith the initiatingparties,the City ofMoses Lake as the Attorney-in-Fact for those property owners who have signed Extra Territorial Utility Extension Agreements,to determine whether the city will accept,reject, or geographically modify the proposed annexation,whether it shall require the simultaneous adoption of a proposed zoning regulation if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW35A.14.330 and 35A.14.340,and whether itshall require the assumption ofallor any portion of existing city indebtedness, seconded by Mr Rimple, and passed unanimously. The regular meeting was adjourned at 10:10 p.m. ATTEST:Mayor i Ov<^L^ fence Director o n n u u V BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE ZONE CHANGE FOR JIM GANTENBEIN NO.ZC 99-1 FINDINGS OF FACT,CONCLUSIONS,AND DE CISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on April 29, 1999. 1.2 Proponent.Jim Gantenbein is the proponent ofthis zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from R-3,Multi-family Residential,to C-2,General Commercial and Business: Tax #1723 1.4 Evidence.The Commission considered the following materials in reaching its decision. A.The application of the proponent for the zone change. B.Comments from the public. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,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 is unplatted. 2.4 The zone change is not in the public interest and will not benefit the public welfare. 2.5 The zone change would be spot zoning. 2.6 The surrounding property is zoned residential. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom mend to the City Council the advisability ofthe proposed change in zoning. 3.2 The rezone request of the proponent is properly before the Commission forits recommen dation. 3.3 It is proper at this time forthe Planning Commission to make a recommendation on this rezone request. 3.5 It is not in the best interests and welfare 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 ofthe Cityof Moses Laketothe CityCouncil ofthe Cityof Moses Lakethatthe request fora rezone of this property be denied. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date. A public meeting was held upon proper notice before the City Council on May 11, 1999. 5.2 Proponent.Jim Gantenbein 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 ofthe proponent for the rezone. B.The history ofthe property. C.Comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL C*) No further evidencewas presented to the City Council.TheCity Council adoptsthose findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL. From the foregoing findings of fact the City Council makes the following conclusions: 7.1 The City Council ofthe City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning. 7.2 The rezone request of the proponent is properly before the Council forits decision. 7.3 It is 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 denies the zone change request. Richard Pearce,Mayor ^s n U u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON INTHEMATTEROFTHE PIONEER COMMERCIAL PARK 1ST ADDITION FINAL PLAT PIONEER COMMERCIAL PARK 1ST ADDITION FINAL PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public meeting was held upon proper notice before the Commission on April29,199. 1.2 Proponent.John Hobbs is the proponent ofthis plat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the plat. City staff has confirmed the property described on the platis the property submitted for platting. 1.4 Evidence.The Commission considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Commission makes the following findings of fact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned C-2, General Commercial and Business. v )2.3 The plat is in the public interest 2.4 The final plat is consistent with the preliminary plat. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission ofthe City ofMoses Lake is vested with the authority to recommend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis proper at this time for the Planning Commission to make a recommendation on this plat. 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 basisofthe foregoing findingsof factand conclusions,itis the recommendation ofthe Planning Commission ofthe City of Moses Lake to the City Council of the City of Moses Lake that the Pioneer Commercial Park 1st Addition Final Plat be approved. Approved by the Planning Commission Chairman on April 29,1999. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on May 11,1999. 5.2 Proponent.John Hobbs is the proponent of this plat. 5.3 Purpose.The proponent has submitted a final plat for property legally described upon the plat. City staffhas confirmed the property described on the platis the property submitted for platting. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 6.FURTHER FINDINGS OF FACT BYTHE CITY COUNCIL. No further evidence was presented to the City Council.The City Council adopts those findings of fact (~*) made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL. From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council ofthe City of Moses Lake is vested with the authority to make a decision on a final plat. 7.2 The plat is properly before the Council for its decision. 7.3 Itis proper at this time for the City Council to make a decision on this final plat. 8.DECISION. The City Council of the City of Moses Lakeagrees with the recommendation of the Planning Commis sion and approves the final platwith the stipulation that the City Engineer's comments be addressed. Richard H.Pearce,Mayor n r^