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1996 10 22<J ^J u 5171 MOSES LAKE CITY COUNCIL October 22,1996 Council Present:Daryl Jackson,Ron Covey,Wayne Rimple,Grant Nichols, Bob Chapman,Bill Reese, and Richard Pearce MINUTES:Mr.Pearce moved that the minutes of the October 8 meeting be approved as submitted, seconded by Mr.Chapman,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Pearce moved thatthe bills,checks,and prepaid claims issued be approved,seconded by Mr.Nichols, and passed unanimously. Vouchers audited and certified by 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 list as modified by the Council and noted upon said list for the Council meeting of October 22, 1996 for the funds listed below are approved in the amount of $189,860.54. GENERAL FUND STREET STREET REPAIR/RECON EQUIPMENT LEASES CAPITAL STREET IMPROVEMENT PARK &REC.IMPROVEMENT CENTRAL DRIVE LID WATER/SEWER FUND 1996 BOND REDM FUND Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $633,818.91 for all funds. GENERAL FUND STREET IMPROVEMENT PARK AND REC.IMPROVEMENT CENTRAL DRIVE LID Checks:Checks 10278 through 10584 issued on October 9,1996 were approved for payment at the Council meeting held on October 22,1996 in the total amount of $929,154.00. Payroll:The payroll issued on October 18,1996 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 97372 through 97588 in the amount of $271,584.31. I.CITIZEN INPUT -None PROCLAMATION The proclamation declaring November 3-9,1996 as "Celebrate Kids Week"was read in its entirety.//<??< II.PRESENTATIONS Police Department:Glenys Stadelman,Police Clerk,was introduced to the Council. III.CONSENT AGENDA Accept Work -Bike Path:The bike/ped path project has been completed.The work should be accepted /&/" and the 30-day lien period entered into. Resolution -Accept Street and Utility Improvements -Moulton Landing:A resolution was presented which //&(f accepted the street and utility improvements for Moulton Landing. $18,698.27 WATER/SEWER CONSTRUCTION 4,426.97 16,7703.86 WATER/SEWER LEASES 1,347.45 1,995.59 STATE WATER POL D/S 40,602.09 16,048.11 SANITATION FUND 144.55 159.10 AIRPORT 9.00 2,784.75 CENTRAL SERVICES 10,482.70 392.16 EQUIP RENTAL-OPERATIONS 33,385.02 170.67 BUILD MAINT-OPERATIONS 11,899.14 29,897.34 M.L.YPTF 626.67 87.10 TOTAL $189,860.54 $248.73 WATER/SEWER FUND 683.57 92,607.72 WATER/SEWER CONSTRUCTION 51,600.00 81,729.93 CENTRAL SERVICES 5.22 16,010.50 BUILD MAINT-OPERATIONS 390,933.24 TOTAL $633,818.91 ,0b lit p\p 101° 5172 CITY COUNCIL MINUTES:2 October 22,196 Resolution -Unclaimed Checks:A resolution was presented which cancels claims checks that have not been returned to the city. Action Taken:Mr.Chapman moved that the Consent Agenda be approved,seconded by Mr.Reese,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS \J WATER/SEWER SERVICE -MAIERS DEVELOPMENT f*) Maiers Development Corporation requested water and sewer service for residential property across Highway 17 from the Larson housing area north of Airway Drive.It is proposed to develop 100 to 200 residential units over 10 to 15 years. Phil Bloom,Columbia Northwest Engineering,representing the developer,stated that the homes will be constructed along the ridge and from 20'to 100'down the hill after it is terraced.Before any development can commence,however,the developers want to be sure that city services are available. Gary G.Harer,Municipal Services Director,pointed out that this is a very general request and suggested that a time limit of 5 years be placed on the requirement to supply services.He mentioned that there is sufficient capacity to service 100 homes at the present time. He felt that the city should not be required to hold capacity for a potential development for 10 to 15 years,as there is always the possibility that the development will not occur. There was some discussion by the Council on the request for a time limit on the request to supply city services for this proposed development. Mr.Bloom stated that the time limits can be worked out with staff.He mentioned that there will have to be a significant amount of site grading which will probably take 10 to 20 years to complete. Action Taken:Mr.Pearce moved that the request be tabled until the staff and the developer can provide specific numbers on residential units and a time frame for development,seconded by Mr.Nichols, and passed with Mr.Rimple and Mr.Reese opposed. WATER/SEWER SERVICE -PACIFIC NORTHWEST SUGAR (^) Pacific Northwest Sugar Co.requested water and sewer service for the planned sugar processing facility on Wheeler Road at the old U &I plant location.They are requesting 720,000 gallons of water per day and will discharge 30,000 gallons per day into the sewer.No agriculture process water is proposed to be discharged to the sewer system. Phil Bloom, Columbia Northwest Engineering,representing the project,stated that the agriculture process water will be used for irrigation of a crop and will not be discharged to the city's sewer system.It is planned to install storage tanks to meet some of the peak demand which will reduce the demand on the city's water system.He pointed out that the 500 gpm is only needed for the yearly start up of the plant. Once the plant is operating,it will generate more water than it uses. Marvin Price, Manager,stated that they do not anticipate any problems with the silicone in the water. Gary G.Harer,Municipal Services Director,stated that the city has sufficient water and sewer capacity to handle this facility. Action Taken:Dr.Covey moved that the request for water and sewer service be granted with the stipulation that an Extra Territorial Utility Agreement be executed,seconded by Mr.Reese,and passed unanimously. ,£)ORDINANCE -REVENUE SOURCES/1997 TAX REVENUE -1ST READING/PUBLIC HEARING An ordinancewas presented which fixes the estimated amount to be received by the city from property taxes in 1997. The public hearing was opened toconsiderthe revenuesources for the city's 1997current expense budget and the possible increase in revenue from property tax. There were no comments. Action Taken:Mr.Reese moved thatthe public hearing be closed, seconded by Mr.Pearce,and passed unanimously. The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington for 1997 was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. n 5173 CITY COUNCIL MINUTES:3 October 22,1996 ORDINANCE -MARINA SHORES PURD PRELIMINARY PLAT -2ND READING/PUBLIC HEARING //<?((/ Todd Moore,Basin Surveying and Associates,has submitted the Marina Shores Preliminary Plat for a 44 lot planned unit residential development within the R-3zone. The proposed plat would be located inthe 1300 block of Marina Drive.The proposed PURDD will be served with city water and sewer. Gary G.Harer,Municipal Services Director,stated that staff would prefer the utilities and streets to be either private or public rather than a mixof private and public as currently proposed.Hestated thatthe ^-city encounters problems with maintaining public utilities on private property.He pointed out that the i i streets are currently proposed at 30' in width which is narrow when trying to maintain both sewer and water lines. The Council discussed the pros and cons of private and public utilities and streets. Harold Moberg,representing the developers,pointed out that the covenants on the development provide for a fund to be established for street repairs and the city would be protected from claims by the $2,000,000 insurance policy suggested by the City Attorney. Larry Peterson,1009 Laguna,pointed out that the city will obtain more revenue from water and sewer service to 44 residential homes than it would for a commercial development using the same amount of water and sewer services. Mr.Pearce mentioned that the designated walkway and sidewalk mentioned in#4 inthe ordinance should be more clearly defined. Joseph K. Gavinski, City Manager,suggested the following language be placed in the ordinance: A designated walkway along one side and a sidewalk constructed per community standards along the other side of all internal streets shall be provided. Mr.Rimple pointed out that the requirement to fence the 10' foot access on both sides may not be desirable as it will end up being a 700'+,10'wide tunnel. Mr.Chapman mentioned that the city should not be constructing a fence on private property. ^There was some discussion by the Council on whether the 10'public access should be part of the PURD \-J ordinance or designated on the plat.It was the consensus that this foot access be acondition ofthe plat. The Council also discussed the 20'easement for vehicular traffic along the west boundary of the development. Mr.Chapman requested the following language concerning the vehicular access to the city's property to the north be placed in the ordinance:That a permanent easement be granted to the city to permit city vehicular traffic to travel alongthe internal streets of the plat and alonga 15*wide parcel adjoining the westerly boundary of the proposed plat sufficient to permit vehicular access to the city's property to the north of the proposed plat. The ordinance creating a planned unit residential development district of Moses Lake pursuant to Moses Lake Municipal Code 18.22.020 (8)and Moses Lake Municipal Code 18.67 was read by title only. Action Taken:Mr.Chapman moved that Section 2 of the ordinance be amended as follows: Section 2.All requirements and standards ofthe R-3 Zone,Multi-family Residential,shall apply tothe Planned Unit Residential Development District No.9 with the following conditions: 1. A 25'buffer area shall be maintained on the shoreline which shall be left in its natural state. 2. A designated walkway along one side and a sidewalk constructed per community standards along the other side of all internal streets shall be provided. 3. The developer andits successor owner's association,as a condition of receiving water andsewer \^J service to each and every lot ofthe PURDD,have in full force and effect public liability insurance with the city named as an additional insured in an amount of at least $2 million. 4.Water and sewer will be constructed per community standards.City employees will be permitted access tothe platted areato readmeters,inspectlines,make repairs,and perform maintenance as deemed appropriate bythe city.All street repairs associated with water and/or sewer line repairs will be the responsibility of the owner's association. 5.Streets will be private and will be constructed percommunity standards to a 30'width.Those streets to be maintained and repaired by the owner's association. seconded by Mr.Nichols,and passed unanimously. folk \oLl^ \&\* [0 &' 5174 CITY COUNCIL MINUTE:4 October 22,1996 Action Taken:Mr.Chapman moved that the second reading ofthe ordinance be adopted as amended, seconded by Mr.Nichols,and passed unanimously. The public hearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing beclosed,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Rimple moved that the Council ratify its previous action on the ordinance,seconded /*^s by Mr.Reese,and passed unanimously.f j Action Taken:Mr.Chapman moved that the preliminary plat beapproved with the following conditions: A.That a 10'foot traffic public access be provided to the city's property located north ofthe proposed plat through the portion of Tract B,Government Lot 5 in Section 22,Township 19 North,Range 28 East,W.M.adjoining the eastern edge of the proposed plat and across the northeast corner of proposed Lot 27 by a permanent easement. B.That a permanent easement be granted to the city to permit city vehicular traffic to travel along the internal streets of the plat and along a 15'wide parcel adjoining the westerly boundary of the proposed plat sufficient to permit vehicular accesstothe city's property tothe north ofthe proposed plat. C. A 25'buffer area shall be maintained on the shoreline which shall be left in its natural state, seconded by Dr.Covey, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS RESOLUTION -DONATION -MOSES LAKE EAST LIONS CLUB The Moses Lake East Lions Clubdonated $700 to the cityto be used for park purposes. The resolution accepting a cash donation of $700 from the Moses Lake East LionsClub for parkpurposes was read bytitle only.fS Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Dr.Covey, and passed unanimously. RESOLUTION -DONATION -ROTARY CLUB OF MOSES LAKE The Rotary Club of Moses Lake donated $1,968.21 to the city to be used for improvements to Montlake Park. The resolution accepting a cash donation of $1,968.21 from the Rotary Club of Moses Lake for park purposes was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS DESERT LAKES PCD FINAL PLAT Phil Bloom,Columbia Northwest Engineering,has submitted a final platfora 12acre PlannedCommercial Development (PCD) to be located off of Yakima Avenue and to the south of the Larsen Playfield area. The PCD encompasses a mixed use development of a golf driving range, batting cages,and restaurant. The Planning Commission recommended that the final plat be approved. Action Taken:Mr.Chapman moved that the final plat be approved and the findings of fact be accepted,^s seconded by Mr.Rimple,and passed unanimously. ^FIRING RANGE ANNEXATION/RESOLUTION -REQUEST TO BUILD ON UNPLATTED PROPERTY The City of Moses Lake has submitted a Notice of Intent to Annex municipally owned property in the Larson Base area,located east of Randolph Road,and north of Tyndal Road.The unplatted property identified as Tax #5779 is located in Sections 22 and 27,Township 20 North,Range 28 East, and is not contiguous to the corporate limits of Moses Lake; it lies approximately 3.5 miles north of the Moses Lake city limits. Currently the property is used as a firing range by the City of Moses Lake Police Department as well as other law enforcement agencies.City water lines have been extended to the property and a 1200 gallon septic tank and drain field installed.Other improvements planned as part of the proposed firing range project include a club house/office space,a mock scene house,and controllable lighting.The Planning Commission recommended that the Notice of Intent to Annex be accepted and the property be zoned public. 5175 CITY COUNCIL MINUTES:5 October 22, 1996 The Planning Commissionalsorecommendedtothe Council thatthe requestto build on unplatted property be granted with the stipulation that a covenant run with the land for the required street and utility improvements in the future and/orthat the city participate in any LID forthe required improvements. The resolution allowing the City of Moses Lake to build on unplatted property was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. \^j RESOLUTION -MIKE'S RENTAL -BUILD ON UNPLATTED PROPERTY Mike Love, representing Mike's Rental Machinery,Inc.,has requested authorizationto construct a storage building and shed on Tax #1470 located at 1202 W. Broadway. The property has been vandalized on numerous occasions and the buildings will be used to store and protect equipment and merchandise.The area is zoned C-2, General Commercial and Business.The Planning Commission recommended to Council that the request to build on unplatted property be approved provided the proposed building does not exceed 5,000 square feet in size. The resolution allowing Mike's Rental Machinery,Inc.to buildon unplatted propertywas read by titleonly. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Dr.Covey,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION DRIVEWAY VARIANCE -DESERT LAKES GOLF COURSE Dan Staat,Desert Lakes Golf Range,requested a variance to replace the newly constructed 40' driveway at the end ofYakima Avenue with a 70' driveway. Gary G. Harer, Municipal Services Director,stated that since the driveway is in an isolated cul de sac staff has no problem with the additional width. \^J W Mr.Staat stated that the additional width is needed in order to service the batting cages and because of the close proximity of the RV parking. Action Taken:Mr.Rimple moved that the variance be granted,seconded by Mr.Reese,and passed unanimously. DRIVEWAY VARIANCE -HOUSING AUTHORITY OF GRANT COUNTY The Housing Authority of Grant County requested a variance to install a 20'driveway to serve a six unit apartment building being constructed on Lot 15 -18,Block 20,Burress Tracts.Since the lots are all 25' in width the proposed driveway is in conflict with the setback requirements. Gary G. Harer, Municipal Services Director,stated that staff has no concerns about the driveway. Action Taken:Mr.Pearce moved that the variance be granted,seconded by Mr. Nichols, and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K. Gavinski, City Manager,stated that the city received $129,995.70 in interest income for September 1996. REVENUE/EXPENSE REPORT Joseph K.Gavinski,City Manager,distributed the 1996 third quarter revenue and expense report.//^o? BUILDING ACTIVITY Joseph K.Gavinski,City Manager, distributed the September 1996 building activity report. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,stated that on October 30 thecity will receive $282,646.44 in sales tax f r revenue and $17,452.57 in transient rental income.//5o ^ /£>(?/! l/<?s //?<* itf3 fp )l*i 5176 CITY COUNCIL MINUTES:6 October 22,1996 TDS LEVELS Joseph K.Gavinski,City Manager,distributed a letter from the Department of Ecology which indicates the city can have up to 1000 mg/l TDS's in its wastewater discharges.This determination applies to the Sand DunesWastewater Treatment Plant and the Larsen Wastewater Treatment Plant.AKART would notapply under the existing circumstances but will apply for any new applications the city makes.Both the Port of Moses Lake and KDK will be given a copy of this letter. <f>-£HOTEL/MOTEL TAX —,. Joseph K.Gavinski,City Manager, distributed information showing which cities are allowed to collect additional hotel/motel taxes.He mentioned that the legislature must pass special legislation to allow a city to collect the additional hotel/motel tax. It was the consensus of the Council that a letter be drafted to the legislature requesting that the City of Moses Lake be allowed to collect the additional hotel/motel tax and that the letter be signed by the Council. AGCCT MEETING Joseph K.Gavinski,City Manager,reminded the Council ofthe AGCCT meeting on Wednesday,October 30, in Soap Lake. UGA MEETING Joseph K.Gavinski,City Manager, informed the Council that the next UGA meeting will be held at the Grant County Fire District#2 Fire Station in Mae Valley on October 30. The regular meeting was recessed at 9 p.m.and the Council met in an executive session to discuss real estate matters.The executive session was adjourned at 9:15 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 9:15 p.m. ATTEST:Uteftrf^J*f~^ Finance Director r^ U u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE FINAL PLAT FOR THE DESERT LAKES PLANNED COMMERCIAL DEVELOPMENT DESERT LAKES PLANNED COMMERCIAL DEVELOPMENT 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 October 10, 1996. 1.2 Proponent.Jim Denton and Greg Hanes are the proponents of this plat. 1.3 Purpose.The proponents have submitted a plat for property which is legally described upon the plat. City staffhas confirmed the property described on the plat is 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. 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 R-3,Multi-family Residential, C-2, General Commercial & Business,and R-2, Single Family and Two Family Residential. 2.3 The development is consistent with existing recreational uses in the area 2.4 The project is compatible with development in the area 2.5 The project will provide additional recreational uses. 2.6 It is an appropriate use of the property as it now exists. 3.CONCLUSIONS BY THE PLANNING COMMISSION. Fromthe foregoing findings of fact the Commission makes 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 approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis properat this time forthe Planning Commission to make a recommendation on this plat. 3.4 It is in the best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the ^_J Planning Commission ofthe City of Moses Lake totheCity Council ofthe City ofMoses Lake that the plat be approved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on October 22, 1996. 5.2 Proponent.Jim Denton and Greg Hanes are the proponents of this plat. 5.3 Purpose.The proponents have submitted a final plat for property legally described upon the plat. City staff has confirmed the property described on the plat is 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. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.O 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 of the 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 It is 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 Lake agrees with the recommendation of the Planning Commission and approves the final plat. Dated:October 22,1996 n n BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE MARINA SHORES PRELIMINARY PLAT MARINA SHORES PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 1.HEARING BEFORE THE PLANNING COMMISSION. ^J 1.1 Date.A public meeting was held upon proper notice before the Commission on September 13,1996. 1.2 Proponent.Kim Hemphill is the proponent of this plat. 1.3 Purpose. The proponent has submitted a plat for propertywhich is legally described upon the plat.City staff has confirmed the propertydescribed on the platis the propertysubmitted 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. D.Comments from the public. 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. i)2.2 The property is currently zoned R-3, Multi-family Residential. 2.3 The development will decrease the density as proposed by the previous development. 2.4 Access will be providedto the city's property located behind this development. 2.5 The development is consistent with the Comprehensive Plan. 2.6 The development fills a need for housing in the City of Moses Lake. 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 of Moses Lake isvestedwith the authority to recom mend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 It is proper atthis time for the Planning Commission to make a recommendation on this plat. 3.4 It is in the best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. i)On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the v-/Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the preliminary plat be approved with the following conditions: A.That a 10'foot traffic access be provided to the city's property through Lot 1 of Moulton Landing PURD with the developer to fence one sideandthe city to fence the other. B. No parking be allowed on the internal streets. C. No storage of RVs or boats be allowed on the individual lots. D.A 25' bufferarea shallbe maintainedon the shorelinewhich shall be left in its natural state. E. A designated walkway shall be provided. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on October 8 and 22,1996. 5.2 Proponent.Kim Hemphill is the proponentof this plat. 5.3 Purpose.The proponent has submitted a final plat for property which is legally described upon the plat.City staff has confirmed the property described on the plat is the property submitted for platting. 5.4 Evidence.The Council considered the following materials in reaching its decision:f} A.The submitted plat. B.Testimony from the proponent. C. Written comments from various parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidencewas presented to the City Council.The City Council adoptsthose findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL. From the foregoing findings of factthe Council makes the following conclusions: 7.1 The City Council of the Cityof Moses Lake is vested withthe authority to make a decision on a preliminary plat. 7.2 The plat is properly before the Council for its decision. 7.3 Itis properat this time forthe City Council to make a decision on this preliminary plat. 7.4 That a 10' foot traffic public access be provided to the city's property located north of the proposed platthrough the portionof Tract B,Government Lot 5 in Section 22,Township 19 North,Range 28 East, W.M. adjoining the eastern edge of the proposed plat and across the northeast corner of proposed Lot 27 by a permanent easement with the developer to fence one side of the access and the city to fence the other. 7.5 That a permanent easement be granted to the city to permit city vehicular traffic to travel along the internal streets of the plat and along a 20'wide parcel adjoining the westerly boundary of the proposed plat sufficient to permit vehicular access to the city's property to the north of the proposed plat. 7.6 A 25'buffer area shall be maintained on the shoreline which shall be left in its natural state. 7.7 A designated walkway and sidewalk constructed per community standards along one side of all internal streets shall be provided. 7.8 Streets will be private and will be constructed per community standards to a 30' width. Those streets to be maintained and repaired by the owner's association. 8.DECISION. The City Council of the City of Moses Lake approves the preliminary plat with the following conditions: A. That a 10' foot traffic public access be provided to the city's property located north of the proposed plat through the portion ofTract B, Government Lot5 inSection 22,Township 19 North,Range28 East,W.M.adjoining the easternedge ofthe proposed plat andacrossthe northeast corner of proposed Lot 27 by a permanent easement. B. That a permanent easement be granted to the cityto permit city vehicular traffic to travel along the internal streets of the plat and along a 15' wide parcel adjoining the westerly boundary of the proposed plat sufficient to permit vehicular access to the city's property to the north of the proposed plat. C. A 25'buffer area shall be maintained on the shoreline which shall be left in its natural state. Dated:October 22,1996 n r>