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1994 12 134936 MOSES LAKE CITY COUNCIL December 13,1994 Council Present:Wayne Rimple,DickCollier,Chet Paine, Bob Chapman,Richard Pearce,Bill Reese,and Daryl Jackson MINUTES:Mr.Chapman moved that the minutes be amended as follows:Mr.Chapman stated that he /O/O was concerned that the fund balances seem to be eroding and he suggested that the interest on the Sewer/Water Construction Fund balance be put back into the appropriate fund instead of being put into the General Fund. I j Mr.Pearce moved that the minutes ofthe November 22 meeting beapproved as amended,seconded by ^-^^Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Collier moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Pearce,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims certified as required by 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 list as modified by the Council and noted upon said list for the Council meeting of December 13,1994 for the funds listed below are approved in the amount of $677,400.49. GENERAL FUND STREET EQUIPMENT LEASES STREET IMPROVEMENT CRESTVIEW STREET LID WATER/SEWER FUND W/S CONSTRUCTION W/S LEASES ^J u $180,646.53 SANITATION FUND 43,690.46 13,529.32 AIRPORT 25.65 601.02 UNEMPL COMP INS 399.96 14,296.73 CENTRAL SERVICES 22,634.56 62,158.14 EQUIP RENTAL-OPERATIONS 28,624.19 21,366.96 BUILD MAINT-OPERATIONS 67,620.07 75,853.29 PERS TRUST FUND 142,365.94 389.89 ML YOUTH PARTNERSHIP TF 3,197.78 TOTAL $677,400.49 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 $70,199.11 for all funds. GENERAL FUND $33,791.29 CENTRAL SERVICES 1,121.71 STREET 2.37 EQUIP RENTAL-OPERATIONS 19,264.72 WATER/SEWER FUND 15,774.52 ML YOUTH PARTNERSHIP TF 180.00 SELF-INSURANCE 64.50 TOTAL $70,199.11 Checks:Checks 43240 through 43489 issued on November 23,1994 were approved for payment at the Council meeting held on December 13,1994 in the total amount of $223,997.39. Payroll:The payroll issued on November 30,1994 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 86734 through 86747 in the amount of $7,941.84. Payroll:The payroll issued on December 2,1994 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 86742 through 86907 in the amount of $182,897.92. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA Resolution -Accept Donations -MRK Corporation:A resolution was submitted which accepted $50,000 /Q'/c<? in matching funds and 10.4 acres of land from MRK Corporation. Resolutions (2) -Set Date for Public Hearing -Crestview Drive LID/ULID:Resolutions were presented which set January 11, 1995 as the date for a public hearing on the final assessment roll for Crestview Drive LID/ULID. /Ob*/ Resolutions (3)-Accept Utilities -Desert Highlands:Resolutions were presented which accept street and //A & utility improvements inDesert Highlands Phase I,Desert Highlands Short Plat,and Desert Highlands Short Plat #2. 4937 CITY COUNCIL MINUTES:2 December 13,1994 'pertaining to improvements on Crestview Drive.The work should be accepted and the 30 day lien period V Accept Work -Crestview Drive:Marchand Construction has completed work on LID #57 and ULID #5 pertaining to entered into. i o/0 Resolution - Create Fund 627 MRK ParkTrust: A resolution was presented which establishes Fund627, MRK Park Trust Fund. Action Taken:Mr. Collier moved that the Consent Agenda be approved,seconded by Mr.Pearce,and passed unanimously. n /oil \0l0 iu 0 ^ IV.CONSIDERATION OF BIDS VEHICLES Staff advertised for bids for 3 police cars and 3 pickups.No local bids were received.Staff requested authorization to purchase the cars through the state bid and purchase the pickups at a later date after data on them has been received from the state. Action Taken:Mr.Jackson moved that staff be authorized to purchase the three police cars through the state bid,seconded by Mr.Paine,and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None VI.ORDINANCES AND RESOLUTIONS ORDINANCE -1995 BUDGET -2ND READING An ordinance was presented which adopts the budget for 1995. The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 1995 was read by title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr. Collier,and passed with Mr.Chapman opposed. jQ/0 ORDINANCE -AMEND 1994 BUDGET -2ND READING O An ordinance was presented which amends the 1994 budget. The ordinance amending the 1994 budget forthe City of Moses Lake,Washington was read by title only. Action Taken:Mr.Collier moved that the second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. ORDINANCE -AMEND COMMUNITY STREET AND UTILITY STANDARDS -2ND READING An ordinance was presented which provides forthe violation of the Community Street and Utility Standards to be a civil penalty and establishes a penalty amount. The ordinance amending Moses Lake Municipal Code Chapter 12.08 entitled "Community Street and Utility Standards"and Section 12.08.040 was read by title only. Action Taken:Mr.Chapman moved that the second reading of the ordinance be adopted,seconded by Mr.Jackson,and passed unanimously. ,_i\j ORDINANCE - AMEND MOVING BUILDINGS - 2ND READING An ordinance was presented which provides that a violation of the regulations for moving a building will be a civil penalty and establishes a penalty amount. The ordinance amending Moses Lake Municipal Code Chapter 16.16 entitled "Moving Buildings"and f"^ section 16.16.090 was read by title only. Action Taken:Mr.Chapman moved that the second reading of the ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. ORDINANCE -AMEND FIRE HYDRANTS -2ND READING An ordinance was presented which provides that a violation ofthe fire hydrant ordinance is a civil penalty and establishes a penalty amount. u 4938 CITY COUNCIL MINUTES: 3 December 13,1994 The ordinance amending Moses Lake Municipal Code Chapter 16.48 entitled "Fire Hydrants" and section 16.48.120 was read by title only. Action Taken:Mr.Pearce moved that the second readingofthe ordinance be adopted,seconded by Mr. Collier,and passed unanimously. ORDINANCE -AMEND VIOLATIONS -2ND READING /&/ An ordinance was presented which provides that a violation of Chapters 17.04 through 17.40 is a civil penalty and establishes a penalty amount. The ordinance amending Moses Lake Municipal Code Chapter 17.44 entitled "Violations" and section 17.44.010 was read by title only. Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted,seconded by Mr. Collier,and passed unanimously. ORDINANCE -AMEND 1994 BUDGET -1ST READING An ordinance was presented which amends the 1994 budget./O/O The ordinance amending the 1994 budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Collier moved that the first reading of the ordinance be adopted,seconded by Mr. Chapman,and passed unanimously. ORDINANCE -STREET VACATIONS -1ST READING An ordinance was presented which brings the fees in Chapter 12.44,Street Vacations,into conformity with other chapters ofthe Municipal Code. The ordinance amending Chapter 12.44 ofthe Moses Lake Municipal Code entitled "Street Vacations"was read by title only. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr. \^_)Paine,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS PARK AND RECREATION BUDGET /O/OTheParkandRecreationCommissionrequestedtheCouncilamendthe1995budgettoincreasethePark and Recreation Improvement Fund 314 from $120,000 to $300,000.This increase will allow staff to perform a site plan,grade and prepare the ground, install utilities, install an irrigation system,and plant grass in the Basin Homes regional park.The proposed site plan should include the Three Ponds area, the I-90 Arboretum,and the Cascade Park camping development. Greg Hill,Park and Recreation Commissioner,stated that if $120,000 was utilized in 1995 itwould involve a site plan and partial installation of utilities. He requested that the additional funds be allocated so that the park could be developed for use by the community as rapidly as possible. There was considerable discussion by the Council over the availability of funding the project in one year as opposed to several years. Action Taken:Mr.Chapman moved that the request be tabled and that it be discussed at the retreat, seconded by Mr.Pearce,and passed unanimously. FAMILY AQUATIC CENTER -ADMISSION FEES {J /ooo The Park and Recreation Commission recommended that the admission fees to the Family Aquatic Center be increased as follows.The increase is partlyto offset the sales tax on admissions that will be charged in 1995. % itfl 4939 CITY COUNCIL MINUTES:4 December 13,1994 Daily Fee 1994 Fee Proposed Change Proposed 1995 Fee 0-3 years Free -0-Free 4-17 years 1.50 +.25 1.75 18 &over 2.50 +.25 2.75 Season Pass City Resident Individual 40.00 +5.00 +45.00 Family 85.00 +5.00 +90.00 Season Pass Non-Resident Individual 50.00 +5.00 55.00 Family 10.00 +5.00 115.00 Action Taken:Mr.Pearce moved that the Family Aquatic Center fees be increased as recommended by the Park and Recreation Commission,seconded by Mr.Jackson,and passed unanimously. FAMILY AQUATIC CENTER -REQUEST TO USE The Park and Recreation Commission recommended thatthe Big Bend Manta Ray Swim Team be allowed the use of the Family Aquatic Center in 1995 as follows: Practice Times May 1 -June 13 - 3:30 p.m. - 5:15 p.m. June 14 -Aug.25 - 7 a.m.- 8:50 a.m.;11:15 a.m.-1:15 p.m. Competitive Tank,8 lanes,long course Annual Swim Meet July 21, 22,23,1995 Friday - Public use - 9 a.m.- 4 p.m. BBMR Meet - 4 p.m.-10 p.m. - no public swim or rentals Saturday &Sunday BBMR Meet - 7 a.m.- 4 p.m. - no public swim Public Use - 4 p.m.-10 p.m. The Manta Rays also requested permission to operate their concession trailer during meet hours only. Overnight camping in McCosh Park was not approved. The Council discussed the request.Itwas pointed out that the remainder of the facility could not be used by the meet participants until the facility is open to the public and no overnight camping will be allowed in McCosh Park. Action Taken:Mr.Jackson movedthat the Big Bend Manta Rays be allowed the use of the Family Aquatic Center as recommended by the Parks and Recreation Commission,and they be allowed to the operate their concession trailer during meet hours only,seconded by Mr.Pearce, and passed unanimously. ORDINANCES -CHAPTERS 17.13 AND 17.17 -1ST READINGS Ordinances were presented which amended the Major and Short Subdivision regulations to clarify that a certificate of occupancy will not be issued prior to street and utility improvements being accepted by the Council, the final plat has been recorded with the County, and the building complies with the Uniform Building Code. The ordinance amending Chapter 17.13 of the Moses Lake Municipal Code entitled "Short Subdivisions" was read by title only. ActionTaken:Mr.Chapman moved that the first reading of the ordinancebe adopted,seconded by Mr. Jackson,and passed unanimously. The ordinance amending Chapter 17.17 of the Moses Lake Municipal Code entitled "Major Subdivisions" was read by title only. Action Taken:Mr.Collier moved that the first reading of the ordinance be adopted, seconded by Mr. Paine, and passed unanimously. n n n u u 4940 CITY COUNCIL MINUTES:5 December 13,1994 CRESTVIEW HEIGHTS FINAL PLAT Phil Bloom,Columbia Northwest Engineering,has submitted a final plat for a 38 lot major plat to be located off ofCrestview Drive.The area is zoned R-1,Single Family Residential.The subdivision will be served with city water and sanitary sewer.Fullwidth street improvements have been constructed to serve the subdivision.The Planning Commission recommended that the final plat be approved with the stipulation that the comments of the City Engineer be addressed and satisfied before the plat is signed off by the city and recorded with the County Auditor. Action Taken:Mr.Jackson moved that the Crestview Heights Final Plat be approved with the stipulation that the comments ofthe City Engineer be addressed and satisfied before the plat is signed off by the city, and the findings of fact be accepted,seconded by Mr.Paine,and passed with Mr. Collier abstaining. LAKELAND ADDITION DIVISION #1 PRELIMINARY PLAT/VARIANCE Fred Skinner,Western Pacific Engineering,has submitted a preliminary plat for a twenty-nine (29) lot major plat.The proposed plat is 8.19 acres in size and is part of the Yost Annexation that the city processed in 1993.The area is zoned R-1,Single Family Residential.The subdivision will be served with city water and sanitary sewer.New street,utility (water and sewer),and storm water control infrastructure will be required to serve the proposed subdivision.Due to the concerns ofthe Planning Commission and staffthe developer redesigned the plat in order to eliminate as far as possible lots accessing directly onto Nelson Road.The redesigned plat now has only one lot with direct access onto Nelson instead of 7 as originally proposed.With this redesign the developers have requested a variance to defer street improvements to Nelson Road until such time as additional development takes place in the area.The Planning Commission recommended tothe CityCouncil thatthe Lakeland Addition Division #1 Preliminary Plat be approved with the stipulation that a circular drive be required on lot 1,that lots 2, 8 and 9 have no access onto Nelson Road, and the variance request forrequired street improvements on Nelson Road be granted with the stipulation that a covenant runwith the land forthe construction of improvements at a later date. Action Taken:Mr.Jackson movedthatthe Lakeland Addition Division #1 Preliminary Plat be approved with the stipulation that a circular drive be required on lot 1,that lots 2,8,and 9 have no access onto Nelson Road,andthe variance request for required street improvements on Nelson Roadbe granted with the stipulation that a covenant run withthe land for the construction of improvements at a laterdate, and the findings of fact be accepted, seconded by Mr.Collier,and passed unanimously. GREGORICH/LONGVIEW TRACTS ANNEXATION The Planning Commission has recommended that the city annex property owned by Matthew and Diane Gregorich whichisadjacentto Highway 17 nearStratford Roadand property within Longview Tracts. The Planning Commission is also recommending that Tax #6716 owned by Don Swanson be annexed to the city.Mr.Swanson's property lies betweenthe Gregorich's property and Longview Tracts.The Planning Commission has recommended that the Gregorich property be zoned R-3,Multi-family Residential,and Longview Tracts be zoned R-2, Single and Two Family Residential. Joseph K.Gavinski,City Manager,pointed out that Mr.Gregorich wishes his property to be annexed whether or not the Longview Tracts area obtains the required 60% support for the annexation. He explained the annexation process for the Council. ActionTaken:Mr.Collier moved that the annexation requests be accepted, that Tax #6716 be included in the annexation, the annexed property shall be required to adopt the city's zoning regulations and Comprehensive Plan,and assume all ofthe city's existingindebtedness, the zoning for Longview Tracts and Tax #6716 be R-2, and the zoning for the Gregorich property be R-3,seconded by Mr.Jackson, and passed unanimously. SANDEN SHORT PLAT -VARIANCE John Sanden has submitted a short platlocated on Division Street and has requested a variance to the requirementto install sidewalks throughthe length ofthe plat.Currently sidewalks end approximately 60' to the north of this plat and begin again 540*to the south. The Planning Commission recommended that {^)the variance be granted with the stipulation that a covenant run with the land for the improvements to be installed at a future date when requested by the city. Mr.Pearce objected to granting the variance as he felt the sidewalk should be installed. Mr.Collier pointed out that sidewalks were installed along Division on the other side of the street by the city since they were not constructed years ago. He feltthat the sidewalk should be required forthis plat. Mr.Sanden pointed out that the existing sidewalk was built in 1954 and is in poor shape as is the existing curb. He wished to construct his sidewalk when the city installs new sidewalk on his side of Division. //*& //JU /&& //d>Q> ))& 1f \\W ID^ 4941 CITY COUNCIL MINUTES:6 December 13,1994 Mr.Pearce recommended that the sidewalk be required and the city look into constructing the remainder of the sidewalk at this time. Joseph K.Gavinski,City Manager,stated that the city has received many requests for sidewalk improvements in all areas of the city and staff will be bringing those requests to the Council in the future for possible establishment of a sidewalk improvement district. Action Taken:Mr.Chapman moved that the variance request be approved with the stipulation that a covenant run with the land for the improvements to be installed at a future date when requested by the city,seconded by Mr.Jackson,and passed with Mr.Pearce opposed./"> PENINSULA HIGHLANDS SHORT PLAT -VARIANCE Phil Bloom, Columbia Northwest Engineering has submitted the Peninsula Highlands Short Plat and requested a variance to the requirement that Peninsula Drive be improved at this time.The Planning Commission recommended that the variance request be granted with the stipulation that a covenant run with the land for the improvements at a future date. Action Taken:Mr.Reese moved that the variance request be approved with the stipulation that a covenant runwith the land forthe improvements at a future date,seconded by Mr.Paine, and passed with Mr.Pearce opposed. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION GRANT APPLICATION -COPS FAST PROGRAM The Community Oriented Policing Services (COPS)program is one of several authorized by the Department of Justice and the funds are available to jurisdictions under 50,000.Grants will be made for up to 75% of the total salary and benefits of each officer over three years, up to a maximum of $75,000 per officer.The Police Department is requesting 3 uniformed officers to be assigned to regular patrol and community policing duties.The 1995 salary projections for each officer amount to $30,429 with an additional $12,920 for benefits. Joseph K. Gavinski, City Manager, pointed out that when the federal funds run out, if the city does not have funds to pick up the cost,the officers would be released. Action Taken:Mr.Pearce moved that the Police Chief be authorized to apply for the grant,seconded by Mr. Collier,and passed unanimously. DRIVEWAY VARIANCE -EARL Doug Earl has requested a variance of the driveway standards to allow the widening of an existing driveway to within 10*of the property line instead of the required 30' separation from the property line. The Engineering Division recommended that the variance be granted. Action Taken:Mr.Collier moved that the variance request be granted,seconded by Mr.Reese,and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS RC MODELERS Joseph K.Gavinski,City Manager,stated that it has been determined that some city-owned property adjacent to the Sand Dunes Sewage Treatment Plant could be used by the RC Modelers as a flying site. The RC Modelers have requested the use of the property and also the conditions under which the use would be permitted including lease terms,development assistance,restrictions,etc. Ed Way,representing the RC Modelers,stated that with a lot of work a successful flying site could be ^^^ developed at this site.Because the club has limited funds he requested city equipment to level the site.(l He stated that the club would like to know the lease conditions and what restrictions may be imposed by the city.The club would like an area as far away from power lines as possible with plenty of air space and since there are no people in the area,noise from the models would not be a problem.The major improvement would be a runway 700'by 60'with parking space and road into and out ofthe area. There was some discussion by the Council. Action Taken:Mr.Jackson moved that city staff be directed to work with the RC Modelers for their use of the site,seconded by Mr.Pearce,and passed unanimously. n ^J ^J 4942 CITY COUNCIL MINUTE: 7 December 13,1994 FARM LEASE -TURNER Joseph K.Gavinski,City Manager,stated that George Turner,who is leasing the property adjacent to the Municipal Airport,has requested another lease under the existing terms and has requested that a portion of the property not be used by the RC Modelers.The current lease is $30 per acre. Mr.Pearce pointed out that,after investigating the issue,it was found that $60 per acre would be a more reasonable figure. George Turner pointed out that there is no water for the land and he has spent $35,000 for equipment to get waterto the property.The costs exceed $30 per acre just for the water and that cost does not include electricity. Mr.Pearce pointed out that the least was for $30 per acre for the last ten years and he felt that the lease amount should be increased to at least $40 per acre. Action Taken:Mr. Collier moved that the City Manager be authorized to sign a lease agreement with T &T Farms for the excess Municipal Airport property for $40 per acre per year for a 10 year period with a termination clause oftwo years if the city wishes to terminate the lease,seconded by Mr.Jackson,nd passed unanimously. BUILDING ACTIVITY REPORT Joseph K. Gavinski, City Manager, reported that building construction though November 1994 is valued at $20,149,180.53.The total building construction for 1993 was valued at $19,018,294. //<r«a /03q /) URBAN GROWTH AREAS /0 fe- Joseph K.Gavinski, City Manager,stated that the GrantCounty Commissioners have begun the process to adopt the urban growth areas. INTERSECTION PHOTO TRAFFIC ENFORCEMENT /179JosephK.Gavinski,City Manager,presented information on an automated system whichwould register cars running a red light.This automated system would free a police officer from this type of duty. INVESTMENT REPORT Joseph K.Gavinski,City Manager,reported that the city received $76,585.96 in investment income for the '^^ month of November 1994. SALES TAX/TRANSIENT RENTAL INCOME REPORTS Joseph K.Gavinski,City Manager,stated that the city received $185,298.25 on November 30 in sales tax./>£>/.C Joseph K.Gavinski,City Manager,stated that the city received $11,378.70 on November 30 in transient //S*/'£> rental income. BILLBOARDS /OS/Joseph K.Gavinski, City Manager,stated that the Council's desire to sunset billboards inthe city limits would be referred to the Planning Commission for their recommendation. MAIN FIRE STATION Joseph K.Gavinski,City Manager,reported that the interest rate on the loan for the new fire station would //S J not be established until close of construction but itwould not b greater than 5%%. LIONS CLUB DUES ^J Joseph K.Gavinski,City Manager,stated that the city has been questioned on the payment ofthe Lions Club dues for the City Manager and requested that the Council clarify its position. ActionTaken:Mr.Jackson moved that the LionsClubdues be paid by the city since that was partof the employment conditions when the City Manager was hired,seconded by Mr.Chapman, and passed unanimously. 0°l,t> //3f 4943 CITY COUNCIL MINUTES:8 COUNCIL MEETING December 13,1994 Joseph K.Gavinski,City Manager,stated that the second Council meeting in December is scheduled for December 27 with a special meeting on December 30 for final financial transactions to be completed before the end ofthe year. Mr.Jackson requested that the meeting be moved to December 20. Mr.Pearce suggested that perhaps any business could be taken care of at the December 30 meeting. Action Taken:Mr.Jackson moved that the regulariy scheduled meeting of December 27 be changed to December 20 at 7 p.m. inthe Council Chambers,seconded by Mr.Reese,and passed with Mr.Collier and Mr.Pearce opposed. The regular meeting was recessed at 10 p.m. and the Council met in an executive session to discuss personnel and real estate.The executive session was adjourned at 10:15 and the regular meeting was reconvened. MAIN FIRE STATION The Council discussed the construction of the main fire station. The regular meeting was adjourned at 11:30 p.m. n n n u w o BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE LAKELAND DIVISION #1 PRELIMINARY PLAT LAKELAND ADDITION DIVISION #1 PRELIMINARY 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 13, 1994 and continued to December 1,1994. 1.2 Proponent. Grant Yost is the proponent of this plat. 1.3 Purpose. The proponent has submitted a plat for propertywhich is legally described upon the plat.Citystaff has confirmedthe 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. D.Comments from the public 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based uponthe evidence presentedto 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-1, Single Family Residential. 2.3 The plat is an appropriate use in the R-1 Zone. 2.4 No negative comments were received.concerning the plat. 2.5 The plat is consistent with the Comprehensive Plan. 2.6 The plat is in the public interest and benefits the publicwelfare. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the 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 Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the plat be approved with the stipulation that a circular drive be required on lot 1, lots 2,8 and 9 have no access onto Nelson Road, and the variance request for required street improvements on Nelson Road be granted with the stipulation that a covenant run with the land for the construction of improvements at a later date. 5.FURTHER HEARING BEFORE THE CITY COUNCIL 5.1 Date. A public meeting was held upon proper notice before the Council on December 20, 1994. 5.2 Proponent.Grant Yost is the proponent of this plat. 5.3 Purpose.The proponent has 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.Written comments from various parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. Based upon the evidence presented to them,the Council makes the following findings of fact: 6.1 The proponent is the owner of the property. 6.2 The property is currently zoned R-1,Single Family Residential. 6.3 The plat is an appropriate use in the R-1 Zone. 6.4 No negative comments were received.concerning the plat. 6.5 The plat is consistent with the Comprehensive Plan. 6.6 The plat is in the public interest and benefits the public welfare. 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 with the stipulation that a circular drive be required on lot 1,that Lots 2, 8 and 9 have no access onto Nelson Road,and the variance request for required street improvements on Nelson Road be granted with the stipulation that a covenant run with the land for the construction of improvements at a later date. Dated:December 13,1994 n n n