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1994 01 25u 4829 MOSES LAKE CITY COUNCIL January 25,1994 Council Present:Wayne Rimple,DickCollier,Bill Reese,Richard Pearce,Daryl Jackson, Chet Paine,and Bob Chapman MINUTES:Mr.Jackson moved that the minutes of the January 11 meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Collier,and passed with Mr.Rimple abstaining from voting on that portion of the bills to Faber Industrial. Vouchers audited and certified by the Finance Directoras 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 list as modified by the Council and noted upon said list for the Council meeting of January 25, 1994 for the funds listed below are approved in the amount of $429,130.67. GENERAL FUND STREET EQUIPMENT LEASES GOB 90 PAVER/PARKING LOT STREET IMPROVEMENT PARK &REC IMPROVEMENT WATER/SEWER FUND 1985 BOND REDM 1990 BOND REDM W/S CONSTRUCTION 39,865.96 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internalcontrol policy approved bytheCity Council have been —^recorded on a listing which has been made available to the City Council.The claims listed below are ap- {^J proved in the amount of $3,817.13 for all funds. GENERAL FUND $3,810.85 CENTRAL SERVICES 6.28 TOTAL 3,817.13 Checks:Checks 39864 through 40014 issued on January 12,1994 were approved for payment at the Council meeting held on January 25,1994 in the total amount of $432,564.04. Payroll:The payroll issued on January 14,1994 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 81967 through 82127 in the amount of $183,374.60. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS Municipal Services:William Knoll,Special Projects Engineer,was introduced to the Council. III.CONSENT AGENDA -None IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS PRISON SITE PROJECT -LIND The Town of Lind has submitted an application as a prison site and requested a letter of support from y^L surrounding communities. [^J Action Taken:Mr.Collier moved that aletter in support ofthe Town of Lind's request tobechosen asa prison site be sent to the Town of Lind,seconded by Mr.Pearce,and passed unanimously. $22,359.81 WATER/SEWER LEASES 695.11 12,958.62 SANITATION FUND 16,741.94 4,116.67 AIRPORT 7.00 97.20 SELF-INSURANCE 11,567.00 7,340.02 CENTRAL SERVICES 18,120.48 6,147.66 EQUIP RENTAL-OPERATIONS 45,386.08 14,303.62 BUILD MAINT-OPERATIONS 39,882.69 184,702.81 LID #53 60.50 4,777.50 TOTAL $429,130.67 MUNICIPAL AIRPORT The Airport Advisory Committee requestedtime beforethe Council to presenta recommendation on the airport and rent structuring forthe airportusers. Jim Thompson,Airport Advisory Committee,presented abudgettothe Council.Thebudgetwasdeveloped after meeting with the users of the airport. /OoU> ,oi 0 ^u 4830 CITY COUNCIL MINUTES: 2 January 25,1994 There was some discussion by the Council on the proposed budget and the status of the RC Modelers use of the airport. Mr.Thompson stated that the RC Modelers use of the airport is still under consideration. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -CREATE AIRPORT FUND -2ND READING An ordinance was presented which creates an Airport Fund which will receive and disburse all funds connected with the Municipal Airport. The ordinance creating the Airport Fund was read by title only. Action Taken:Mr.Chapman moved that the first reading of the ordinance be adopted,seconded by Mr. Jackson,and passed unanimously. ORDINANCE -GAMBLING TAX -1ST READING An ordinance was presented which lowers the gambling tax on punchboards and pulltabs in 1994 to3% with a reduction in 1995 to 2%%if the sales tax exceeds the West Coast CPI C-W by 2%. The ordinance amending Chapter 3.18 of the Moses Lake Municipal Code entitled "GamblingTax"was read by title only. Ken Green distributed additional information concerning income thetavern operators make and the amount of tax provided to the city. He mentioned that the figures in the city records indicate that at least one tavern operator grossed over $1,000,000 in four quarters. He mentioned that using the figures supplied to thecity, and a 90%overhead rate, this particulartavern operator would have a net of $25,141 from gambling for one quarter. He felt that the tax is fair and not an undue burden on the providers of gambling in the city. He pointed out that lowering the tax will lose the city $92,000 per year which could be used to improve the quality of life in the city. Gerry McFaul, 940 Garden Drive,stated that reducing this tax would be sending a message to the youth of the community that ballfields are not as important as allowing a few people to make money on gambling activities. He pointed out that the Council would be reducing the tax by 40% to 50% on punchboards and pulltabs,which is an activity only allowed in bars and taverns.He mentioned out that the gambling was f""^ supposed to be an auxiliary to the business and not the support of the business.He pointed out that the city has projects for which there are no funds.The extra sales tax the city will receive because of the increased sales at K-Mart,Wal-Mart, etc. will not cover those proposed projects.He felt that lowering the tax would send a message to the youth of the community that the city encourages taverns,drinking, and gambling rather than placing an emphasis on recreation and family activities. Don Copeland pointed out that the city has 7 taverns and 5 paternal organizations which operate punchboards and pulltabs. He pointed out that the seniors also have pulltabs. Jerry Moberg,1304 Lakeside, pointed out that passing this ordinancewould provide atax break fora special interest group. Dick Lowry,Sportsman's Tavern,stated that any eating establishment can add gambling. He mentioned that the state mandates that 60% of the gross sales be paid out. He stated that his income for last year decreased 2.6% from 1992 and in 1993 the Sportsman's Tavern paid $43,184 to the city in gambling taxes. Mr.Pearce pointed out that gambling providers are the only ones who make money on gambling. He mentioned that gambling was previously taxed at 5% and there seemed to be no problems from the providers in paying the tax. Gambling has some undesirable characteristics and the tax money goes towards policing it. The funds from the taxes would go towards ballparks which would provide the youth of the community with activities which would keep them offthe streets and out of gangs. He pointed out that the city never has enough money to do all the things the citizens request of it and lowering the gambling tax would mean that some projects will have to remain undone because of lack of funds. Mr.Reese pointed out that the city will build ballfields just as it has done in the past and he did not feel that f~\ 15 business owners should be penalized and expected to support 11,000 people. He stated that the population of the city has not grownthat much inthe past but the sales tax has increased by 18%.He stated that inthe future he would recommend that the 3% gamblingtax revenues be used for ballfields and recreational purposes except for that portion of the funds required for policing the gambling activities. Mr.Chapmanstatedthatthe state allowed the citiesto tax gambling inorderto encouragethe citiesto allow gambling. He wanted to know how much of the gross the state gets. Stroud Kunkle stated that the state gets about 2%. Mr.Chapman felt thatthe cityshould havea plan for improvements and nottax simplyto raise funds. n 4831 CITY COUNCIL MINUTES:January 25,1994 Mr.Painepointed out that he has only received 1 phone call opposed to lowering the tax. Action Taken:Mr.Chapman movedthatthe first reading of the ordinance be adopted,seconded by Mr. Reese, and passed with Mr.Pearce and Mr.Collier opposed. ORDINANCE -GARBAGE COLLECTION -1ST READING An ordinance was presented which provides thatthe city will award a solid waste collection contract to a person who is responsible and qualified to perform the required duties. ^-^The ordinance amending Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection"was read by title only. ActionTaken:Mr.Jackson moved that the first reading of the ordinance be adopted, seconded by Mr. Chapman, and passed unanimously. ORDINANCE - FIRE HYDRANT WATER USAGE -1ST READING An ordinance was presented which brings the amount charged for water delivered through a fire hydrant into compliance with the city's existing commercial rates. The ordinance amending Chapter 13,12 ofthe Moses Lake Municipal Codeentitled "Water andSewerRates" was read by title only. ActionTaken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr. Collier, and passed unanimously. ORDINANCE -AIRPORT COMMISSION -1ST READING An ordinance was presented which establishesan Airport Commission for the citywhich will oversee the operations of the Municipal Airport. The ordinance creating Chapter 2.50 of the Moses Lake Municipal Code entitled "Airport Commission"was read by titleonly. K^)Action Taken:Mr.Pearce moved that the first reading of the ordinance"be adopted,seconded by Mr. Jackson,and passed unanimously. Action Taken:Mr.Jackson moved that the preliminary budget for the Moses Lake Municipal Airport as presented by the Airport Committee,be approved,seconded by Mr.Collier,and passed unanimously. ORDINANCE -CROSS CONNECTION CONTROL -1ST READING An ordinance was presented which creates regulations formaintainingthe health ofthe water consumer and the potabilityof the water in the city's distribution system. The ordinance creating Chapter 13.07 ofthe Moses Lake Municipal Codeentitled "Cross Connection Control" was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr. Collier,and passed unanimously. RESOLUTION -INTERFUND LOAN jo/o-dA resolution was presented which provides foran interfund loan from the Street Fund to the Paths and Trails Fund. The resolution authorizing an interfund loan to the Paths and Trails Fund 114 from the Street Fund 116 was read by title only. K^_J Action Taken:Mr.Collier moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS VEHICLES Staff requested permissionto advertise forbids fora sedan, a 3/4ton pickup,a small4-wheel drive pickup, and a small 2-wheel drive pickup. Action Taken:Mr.Collier moved that staff be authorized to call for bids,seconded by Mr.Jackson,and passed unanimously. //S3 tort /Ofa /07s- /D/7 )p] cjO / I0> 4832 CITY COUNCIL MINUTES:4 January 25, 1994 VIII.REFERRALS FROM COMMISSIONS REQUEST TO USE MCCOSH PARK The Big Bend Manta Ray Swim Team has requested the use ofthe Family Aquatic Centeron July 22, 23, and 24 for their annual weekend swim meet.They are also requesting permission to allow overnight camping in McCosh Parkfor meet participantson July 22 and 23. The only portion of the aquatic center that would be closed to the general public is the competitive tank. Action Taken:Mr.Reese moved that the request be granted,seconded by Mr.Collier,and passed unanimously. ORDINANCE -ZONE CHANGE -1ST READING The City of Moses Lake has requested a zone change of approximately 3.75 acres located east of W. Broadway adjacent to the Larson Playfield.The request isto change the existing zoning from C-2,General Commercial and Business;R-3,Multi-family Residential;and R-2,Single Family and Duplex,to P,Public. Thezone change issought in orderto facilitate the platting ofthe property into athree lotmajor subdivision. Theordinance amending Section 18.09.020 ofthe Moses Lake Municipal Codewas read by title only. Action Taken:Mr.Pearce moved that the first reading ofthe ordinancebe adopted and a public hearing be set for February 8,seconded by Mr.Collier,and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -ASSISTANCE TO THE PREGNANT AND PARENTING Denise Schmidt,representing Assistance to the Pregnant and Parenting,has submitted a request to build on unplatted property on behalf of the property owner of 903 W.Third.The request is sought in order to allow the construction ofan awning onthe building at 903W.Third,which is currently unplatted property. The resolution allowing Clarence and Mary Kile to build on unplatted propertywas read by title only. ActionTaken:Mr.Chapman moved that the resolution be adopted,seconded by Mr.Jackson,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION VALLEY ROAD-TIB GRANT Staff requested authorization to apply for a TIB Grant for the ValleyRoad project which would be construct ed jointly with the county. Action Taken:Mr.Jackson moved that staff be authorized to apply for the grant,seconded by Mr.Reese, and passed unanimously. FUEL CONTRACT EXTENSION The Cenex Service Center is proposing to extend the 1992 Fuel Procurement Bid for one year,as provided for in the existing contract,at the current price. Action Taken:Mr.Collier moved that the contract with the Cenex Service Center for fuel be extended to December 31, 1994,seconded by Mr.Jackson,and passed unanimously. WELL 21 Irrigator's, Inc.has completed the Well21 rehabilitation project.The city should accept the work and enter into the 30 day lien period. Action Taken:Mr.Jackson moved that the work be accepted,seconded by Mr.Pearce,and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS -None The regular meeting was recessed at 9:10 p.m.and the Council met in an executive session to discuss real estate matters.The executive session was adjourned at 10:00 p.m.and the regular meeting was recon vened.The regular meeting was adjourned at 10:00 p.m.^ ATTEST: