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1998 12 085423 MOSES LAKE CITY COUNCIL December 8,1998 Council Present: Richard Pearce,Daryl Jackson,Grant Nichols, Lee Blackwell,Wayne Rimple,Bob Chapman,and Ron Covey MINUTES:Mr.Jackson moved that the minutes of the November 17 meeting be approved as submitted, seconded by Mr. Nichols,and passed unanimously. APPROVAL OF BILLS.CHECKS,AND PREPAID CLAIMS i j Action Taken:Dr.Covey 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 Director as required by RCW 42.24.080,and those expense reimbursement claims certified as required by RCW 42.24.090,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 Council and noted upon said list forthe Council meeting of December8,1998 forthe funds listed below are approved in the amount of $488,627.90. GENERAL FUND STREET GOB 90 PAVER/PARKING LOT GOB 1992 REDEMPTION STREET IMPROVEMENT WATER/SEWER FUND WATER/SEWER CONSTRUCTION 109,495.66 Prepaid Claims: Prepaid claimsapproved by theCity Manager according to the 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 listing which has been made available to the City Council.The claims listed below are approved in the amount of$318,599.85 for all funds. U u GENERAL FUND STREET EQUIPMENT LEASES WATER/SEWER FUND WATER/SEWER CONSTRUCTION WATER/SEWER LEASES Claims Checks:Checks 23791 through 23997 issued on November 18,1998 were approved for payment at the Council meeting held on December 8,1998 in the total amount of $226,694.71. Payroll:The payroll issued on November 27,1998 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 65723 through 65913 in the amount of $291,501.67. Payroll:The payroll issued on November 30, 1998 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 65914 through 65931 in the amount of $9,257.53. I.CITIZEN INPUT-None II.PRESENTATIONS Police Department:Thelma Dean was presented with a certificate for 10 years of volunteer service.Debbie Adamson,Police Clerical Supervisor,was presented to the Council. Community Development Division:Jackie Skidmore,Building and Planning Technician,was presented with 101^ a certificate as a Permit Technician. PublicWorks Division:Collene Gonzales,Water Quality Specialist,was presented to the Council and she was )0)^ also presented with a certificate as a Cross Connection ControlSpecialist. $40,882.75 SANITATION FUND 62,466.01 6,459.43 AIRPORT 130.47 49,142.48 SELF-INSURANCE 1,681.12 75,172.82 CENTRAL SERVICES 2,320.89 1,029.26 EQUIP RENTAL-OPERATIONS 11,937.67 9,433.54 BUILD MAINT-OPERATIONS 118,475.80 109,495.66 TOTAL $488,627.90 $14,007.91 SANITATION FUND 4.44 7,735.29 SELF-INSURANCE 216.00 8,811.97 CENTRAL SERVICES 4,889.51 4,573.26 EQUIP RENTAL-OPERATIONS 26,636.54 11,274.06 BUILD MAIN-OPERATIONS 238,755.82 1,445.03 M. L.YOUTH PARTNERSHIP TF 210.02 TOTAL $318,559.85 III.CONSENT AGENDA AcceptWork-Curb and Ramp Project.:Chris'Excavation,Inc.has completed thework on the 1998 Curb and Ramp Project.The work should be accepted and the 30-day lien period entered into. AcceptWork -Roofing Project.:J.N.Vail Company has completed the work onthe 1998 Roofing Project.\Ojz_ The work should be accepted and the 30-day lien period entered into. 0 £ /0'9 5424 ! CITY COUNCIL MINUTES:2 |December 8,1998 )\l/ls AcceptWork -Sewer Lining Project:Owyhee Construction has completed the work on the 1998 Sewer Lining 'Project.The work should be accepted and the 30-day lien period entered into. iij (/Accept Work -Water/Sewer Telemetry Project.:Spectrum Communications has co'mpleted the work on the '1998 Water/Sewer Telemetry Project.Theworkshould beacceptedandthe 30-day lien period enteredinto. lQ/3 Resolution -Abandon Easement:Aresolution was presented which abandons astreet and utility easement given to the city by the School Districtfor Tulare Avenue.This streetwill now be a private street maintained by the School District.n ;£)/3 Resolution -Accept Easement -A resolution was presented which accepts an easement for utilities lying in Tulare Avenue. n */u?Resolution -Accept DARE Donations:Aresolution was presented which accepts the donations tothe DARE 'program in 1998. Resolution - Build on Unplatted Property -Wines:A resolution was presented which amends a previous resolution granting Greg Wines permission to build on unplatted property by dropping the location wherethe free standing sign was to be erected on Tax #1156. Composite Moses Lake Travel Plaza Preliminary Plat -Set Date to Consider:|The Council should set December 15 as the date to consider the Composite Moses Lake Travel Plaza Preliminary Plat. Authorizationto Apply -TIB and ISTEA Grants:Staff requested authorization to apply fora grant from the TIB for Yonezawa from Division to Highway 17,the Signal Coordination Project, and a signal light at Sharon Avenue and Pioneer Way.Staff requested authorization to apply for the ISTEA state-wide competitive and enhancement funds for the signal project and the Three Ponds project. Action Taken:Mr.Rimple moved that the Consent Agenda be approved,seconded by Mr.Blackwell,and passed unanimously. IV.CONSIDERATION OF BIDS I iQl^J POLICE CARS !^-v The city received no bids for the two 1999 police cars so staff requested authorization to purchase the vehicles from the state bid. Action Taken:Mr.Jackson moved that staffbe authorized to purchase two 1999 police vehicles offthe state bid for $22,220.74 each,seconded by Mr.Nichols, and passed unanimously. 0 *</ V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS MOSES POINTE UTILITIES Mike Moore,Moses Pointe, Inc.,requested time before the City Council to discuss utilities for the Moses Pointe project located on Westshore Drive. Mike Moore,Moses Pointe,stated that under the Extra Territorial Utility Agreement, the Moses Pointe development is to receive water from the city and to turn overany of its water rightsto the city. He mentioned that the applications for water rights have already been at the office of the Department of Ecology for five years and there is no way of knowing when those will be acted upon. Itwas feltat the time the agreement was signed that a city might receive preferential treatment from DOE but that may no longer be the case.He stated that ifthe Councilwished,those applications forwater rightswould be assigned tothe city.The Moses Pointe development would stillbe requiredto drill the well and providetheir partof the water storage. Joseph K. Gavinski, City Manager, pointed out that the Extra Territorial Utility Agreement states that the development will give the city a well with water rights and assign the pending water rightapplications to the city in exchange forthe city providingwater service to the Moses Pointe development. There was considerable discussion by the Councilconcerning the factthat the Department of Ecology is not currentlyissuing any water rights,the issue of the application forwater rightscurrentlyatthe Department of Ecology, and the request forcity water to service Moses Pointe. ActionTaken:Mr.Chapman moved that staff be directedto draftan amendmentto the agreement to require a bond fromthe developer to coverthe costofthe construction ofthe wellas requirecl inExhibitEatsuch time as the water rights are available,seconded by Mr.Jackson,and passed with Mr.Rimple and Mr.Blackwell opposed. n u u u 5425 CITY COUNCIL MINUTES: 3 December 8,1998 ORDINANCE -AHLERS PARK ZONE CHANGE -2ND READING/PUBLIC HEARING The City of Moses Lake,has requested a zone change forTax#5350,Ahlers Park,located at the intersection of ThirdAvenue and Dogwood Street fromC-2, General Commercial and Business to Public.The Planning Commission recommended that the zone change request be approved. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by titleonly. The public hearing was opened.There were no comments. Action Taken:Dr.Covey moved that the public hearing be closed,seconded by Mr.Jackson,and passed unanimously. Action Taken:Mr.Nichols moved that the second reading ofthe ordinance be approved and the Findings of Fact be accepted,seconded by Mr.Chapman,and passed unanimously. ORDINANCE -AMCO ZONE CHANGE -2ND READING/PUBLIC HEARING PhilBloom, Columbia Northwest Engineering,representing Amco Investments,hasrequested a zone change for Park Orchard Tract 39 from R-2,Single Family and Two Family Residential,to R-3,Multi-family Residential.The Planning Commission recommended that thezone change request be approved except for the most northerly 130'of Park Orchard Tract 39. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Nichols moved that the public hearing be closed,seconded by Dr.Covey,and passed unanimously. Action Taken:Mr.Chapman moved that the second reading of the ordinance be adopted and the Findings of Fct be accepted,seconded by Dr.Covey,and passed unanimously. ORDINANCE -PLONSKE ZONE CHANGE -2ND READING\PUBLIC HEARING //<?0 Mr.Jackson declared a conflict ofinterest and exited the room. Steve Talbot,representing William Plonske,has requested a zone change for Tax #3021 located on Valley Road east of Grape Drive from R-2,Single Family and Two Family Residential,to R-3, Multi-family Residential.The Planning Commission recommended that the zone change request be approved. The ordinance amending Section 18.09.020 ofthe Moses Lake Municipal Code was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Blackwell moved that the public hearing be closed,seconded by Mr.Rimple,and passed unanimously. Action Taken:Mr.Blackwell moved that the second reading of the ordinance beadopted and the Findings of Fact be accepted,seconded by Mr.Rimple, and passed unanimously. ORDINANCE -VOSS ZONE CHANGE -2ND READING Mr.Jackson declared a conflict ofinterest and exited the room. Steve Talbot,representing MaryVoss,has requested a zonechangeforTax #5502 located at theintersection of Valley Road and Grape Drive from R-2,Single Family and Two Family Residential,to R-3,Multi-family Residential.As requested by Council,Tax #3055 has also been included in this proposed zone change. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Nichols moved that the public hearing be closed,seconded by Mr.Blackwell, and passed unanimously. Action Taken:Mr.Blackwell moved that the second reading ofthe ordinance be adopted and the Findings of Fact be accepted,seconded by Mr. Nichols,and passed unanimously. //^ //%> i/9o //77 o& }0> ||4t* \02° 5426 CITY COUNCIL MINUTES:4 December 8,1998 RESOLUTION -AMEND SIX YEAR STREET PROGRAM -PUBLIC HEARING A resolution was presented which amends the Six Year Street Program.The adoption of a Six Year Street Program means that the city is eligible to apply for federal and state highway funds. The resolution amending the Six YearTransportation Improvement Program for1999-2004 was read by title only. The public hearing was opened.There were no comments. ActionTaken:Mr.Nichols moved that the publichearing be closed,seconded by Mr.Blackwell,and passed unanimously. Action Taken:Mr.Jackson moved that the resolution be adopted,seconded by Mr.Nichols, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS j ORDINANCE -MAYOR AND COUNCIL -SINGLE READING J An ordinance was presented which amends Chapter 2.08 to more clearly establish where and when Council meetings can be held and how dates and places can be changed. The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled "Mayorand Council"was read by title only. Action Taken:Mr.Jackson moved that an emergency be declared and the ordinance adopted on a first reading,seconded by Dr.Covey,and passed unanimously.! Action Taken:Mr.Rimple moved that the second Council meeting in December be changed to December 15,seconded by Mr.Blackwell, and passed unanimously. 0 ORDINANCE -ADOPT 1999 BUDGET -2ND READING An ordinance was presented which adopts the 1999 budget. The ordinance adopting the budget forthe City of Moses Lake,Washington forthe year of 1999was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Nichols,and passed unanimously. n n ORDINANCE -DELETE CHAPTER 3.08 -2ND READING An ordinance was presented which deletes Chapter 3.08 which deals with federal revenue sharing.This program no longer exists. The ordinance deleting Chapter 3.08 ofthe Moses Lake Municipal Code entitled "Federal Revenue Sharing Fund"was read by title only. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted,seconded by Mr. Rimple, and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIM.REFERRALS FROM COMMISSIONS TEDDY BEAR CARE CAR -USE OF CITY RIGHT-OF-WAY -SIGN Bill Ohland,owner of Teddy Bear Car Care,915 W. Third Avenue,Tax #3651,has requested to use city right-f] of-way for an existing pole sign and an incidental sign.The site is zoned C-2 and the Comprehensive Plan designation is Commercial.The sign over city right-of-way has been existing for some time.There is also an incidental sign that is taken in at night.There is ZVz clearance under the pole sign. The Planning Commission recommended that the request be approved. Action Taken:Dr.Covey moved that the requestto use city right-of-way forthe pole sign and incidental sign be approved,seconded by Mr.Nichols, and passed unanimously. 5427 CITY COUNCIL MINUTES: 5 December 8,1998 IX.OTHER ITEMS FOR COUNCIL CONSIDERATION IUGA/UGA Joseph K.Gavinski,City Manager,stated that the cityis proposing to amend its IUGAand its UGAto include property between Potato Hill Road and Highway 17 and south of I-90to the south section lines of Sections 35 and 36 in order to accommodate an industrial development. Action Taken:Mr.Chapman moved that the amendmentto the IUGAbe approved,seconded by Mr.Rimple, i j and passed unanimously. Action Taken:Mr.Chapman moved that the amendment to the UGA be approved,seconded by Mr.Rimple, and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS -None XII.CITY MANAGER REPORTS AND COMMENTS SALES TAX/TRANSIENT RENTAL INCOME 0 * Joseph K.Gavinski,City Manager,stated thaton November 30,1998thecity received $276,008.90 in sales j/o/'<5» tax revenue and $33,325.03 in transient rental income. INVESTMENT REPORT )/)OZ Joseph K.Gavinski,City Manager,stated that the city earned $77,804.29 from investments for November 1998. VACATION OF WHITE DRIVE Joseph K.Gavinski,City Manager,stated that due to the problem with obtaining a quorum for the Planning Commission meeting,consideration of the vacation ofWhite Drive and portions of Earl Road and Dale Road i j will take place atthe December 15 meeting rather than the December 8meeting aswasoriginally established W by Resolution #2140. The regular meeting was recessed at 9:30 p.m. and the Council met in an executive session to discuss personnel matters and propertyacquisition.Theexecutive meeting wasadjourned at 10 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 10 p.m. ATTEST:Mayor lance Director U /^£> /Of 7 ('1 U u u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE AHLERS PARK ZONE CHANGE NO.ZC 98-7 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public hearing was held upon proper notice before the Commission on October 15, 1998. 1.2 Proponent.The City of Moses Lake is the proponent ofthis zone change. 1.3 Purpose.The proponent has requested a zone change of property legally described as follows from C-2,General Commercial and Business to Public: Tax #5350 1.4 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 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. 2.3 The zone change is consistent with the Comprehensive Plan. 2.4 The zone change is in the public interest and will benefit the public welfare. 2.5 There were no objections from the public. 2.6 The zone change will provide for the appropriate zoning for the use. 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 for its 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 bestinterests and welfareofthe city's citizens to rezonethe 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 City ofMoses Lake to the City Council oftheCity of Moses Lake that the request for a rezone ofthis property be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public hearing was held upon proper notice before the City Council on December 8,1998. 5.2 Proponent.The City of Moses Lake is the proponent ofthis 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 ofcomments from the public.<) 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL No furtherevidencewas presented tothe CityCouncil. The CityCounciladopts those findingsof 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 of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning.j 7.2 The rezone request of the proponent is properly before the Council for its decision. 7.3 Itis proper at this time forthe 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 u u ^J BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE AMCO INVESTMENTS ZONE CHANGE NO.ZC98-2 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1. 2. 3. 4. HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A publichearingwas held upon propernotice before the Commission on September 10,1998. 1.2 Proponent.Amco Investments is the proponent of this zone change. 1.3 Purpose. The proponent has requested a zone change of property legally described as followsfrom R-2, Single Familyand Two FamilyResidential, to R-3,Multi-family Residential: Park Orchard Tract 39 1.4 Evidence. The Commission considered the following materials in reaching its decision. A.The application of the proponent forthe zone change. B.Comments from the public. 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 platted. 2.3 The zone change is consistentwith the Comprehensive Plan. 2.4 The zone change is in the public interest and willbenefit the public welfare. 2.5 The Comprehensive Plan Steering Committee made a preliminary residential land use designation recommendation for the area. 2.6 There has been a substantial change in circumstances in this area because ofthe increase in traffic on Valley Road due to increasing development in the area. 2.7 The concerns of the neighboring property owners have been mitigated by leaving 130' adjacent to their property zoned R-2. CONCLUSIONS BYTHE PLANNING COMMISSION. From the foregoing findings of fact the Commission made the following conclusions: 3.1 The Planning Commission of the Cityof Moses Lake is vested with the authorityto recom mend to the City Council the advisabilityof 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 Itisinthe best interests and welfareofthe city'scitizens to rezone the propertyas proposed. RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the PlanningCommission ofthe Cityof Moses Lake to the CityCouncilofthe Cityof Moses Lake that the request fora rezone of this property be granted except forthe northerly most 130'of Park Orchard Tract 39. 5.FURTHER HEARING BEFORE THE CITY COUNCIL.j 5.1 Date. A public hearing was held upon proper notice before the City Council on December 8,1998. 5.2 Proponent.Amco Investments 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 ofthe property.I C.The lack of comments from the public. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidencewas presented to theCity Council.The City Council adopts those findings offact 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.I 7.2 The rezone request ofthe proponent is properly before the Council for its 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 grants the zone change request. Richard Pearce,Mayor n n u <J u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE VOSS ZONE CHANGE NO.ZC 98-3 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 2. 4. HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A publichearing was held upon proper notice before the Commission on March 26, 1998. 1.2 Proponent.Mary Voss is the proponent of this zone change. 1.3 Purpose. The proponent has requested a zone change of property legally described as follows from R-2,Single Family andTwo Family Residential,to R-3,Multi-family Residential: Tax#5502 and Tax #3055 1.4 Evidence. The Commission considered the following materialsinreachingitsdecision. A. The application of the proponent forthe zone change. B.Comments from the public. 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 is unplatted. 2.3 The zone change is consistent with the Comprehensive Plan. 2.4 The zone change is inthe public interest and will benefit the public welfare. 2.5 The Comprehensive Plan Steering Committee made a preliminary residential land use designation recommendation for the area. 2.6 There has been a substantial change in circumstances inthis area because of the increase intrafficon Valley Road due to increasing development inthe area. 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 authority to recom mend to the CityCouncilthe advisability of the proposed change inzoning. 3.2 The rezone request of the proponent is properly before the Commission for its recommen dation. 3.3 It is proper at this time for the Planning Commission to make a recommendation on this rezone request. 3.5 It isinthe best interestsandwelfareofthe city'scitizensto rezone the property as proposed. RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commissionofthe City ofMoses Laketothe CityCouncil oftheCityofMoses Lakethatthe request fora rezone of this property be granted. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date.Apublic hearing was held upon proper notice before the Cijy Council on December8,1998.j 5.2 Proponent.Mary Voss 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. No further evidencewas 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 OF THE CITY COUNCIL. From the foregoing findings of fact the City Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning. 7.2 The rezone request ofthe proponent is properly before the Council for its 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 grants the zone change request. Richard Pearce,Mayor n n n U u u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE PLONSKE ZONE CHANGE NO.ZC 98-2 FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A publichearing was held upon proper notice before the Commission on March 12, 1998. 1.2 Proponent.William Plonske is the proponent of this zone change. 1.3 Purpose. The proponent has requested a zone change of property legally described as follows fromR-2,Single Family andTwo Family Residential,to R-3,Multi-family Residential: Tax #3021 1.4 Evidence. The Commission considered the following materials in reaching its decision. A.The applicationof the proponent forthe zone change. B.The lack of 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. 2.3 The zone change is consistent with the Comprehensive Plan. 2.4 The zone change is in the public interest and willbenefit the public welfare. 2.5 The Comprehensive Plan Steering Committee made a preliminary residential land use designation recommendation for the area. 2.6 There has been a substantial change in circumstances inthis area because ofthe increase in trafficon Valley Road due to increasing development in the area. 2.7 There were no negative comments at the public hearing. 2.8 The zone change does not constitute spot zoning due to the existing uses on the adjacent property. 3.CONCLUSIONS BYTHE 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 of the proposed change inzoning. 3.2 The rezone request of the proponent is properly before the Commission for its 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 inthe best interests and welfare ofthe city's citizens to rezonethe 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 Lake to the CityCouncil ofthe Cityof Moses Lake that the request for a rezone ofthis property be granted.j 5.FURTHER HEARING BEFORETHECITY COUNCIL.! 5.1 Date. A public hearing was held upon proper notice before the City Council on December 8,1998. 5.2 Proponent.William Plonske is the proponent ofthis 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.The lack of comments from the public. 6.FURTHER FINDINGS OF FACT BYTHE CITY COUNCIL.j No furtherevidencewas presented to the CityCouncil.The CityCouncil adoptsthose findingsof fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.j From the foregoing findings of fact the City Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a proposed change in zoning.j 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