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2010, 01-05 Study Session AMENDED AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT 6:00 p.m. Tuesday, January 5, 2010 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 1. Chris Bainbridge Council Officer Elections Select Mayor and Deputy 2. Motion Consideration: Personnel Matters [public comment] Mayor 32. Ken Thompson Gambling Ordinance Amendment Discussion/Information 43-. Mayor Advance Agenda Discussion/Information 54. Information Only (will not be discussed or reported): CenterPlace Food Service Contract 65. Mayor Council Check in Discussion/Information 76. Dave Mercier City Manager Comments Discussion/Information 87. EXECUTIVE SESSION: Land Acquisition [RCW 42.30.110(1)(b); and Potential Litigation [RCW 42.30.110(1)(1)] Proposed Motion: Move to adjourn into executive session for approximately one hour to discuss Pending Litigation and Land Acquisition; and that no action is anticipated thereafter. ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action" means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Format Agenda January 5,2010 Page 1 of 1 AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT 6:00 p.m. Tuesday,January 5,2010 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 1. Chris Bainbridge Council Officer Elections Select Mayor and Deputy Mayor 2. Ken Thompson Gambling Ordinance Amendment Discussion/Information 3. Mayor Advance Agenda Discussion/Information 4. Information Only (will not be discussed or reported): CenterPlace Food Service Contract 5. Mayor Council Check in Discussion/Information 6. Dave Mercier City Manager Comments Discussion/Information 7. EXECUTIVE SESSION: Land Acquisition [RCW 42.30.110(1)(b); and Potential Litigation [RCW 42.30.110(1)(i)] Proposed Motion: Move to adjourn into executive session for approximately one hour to discuss Pending Litigation and Land Acquisition; and that no action is anticipated thereafter. ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action" means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Format Agenda January 5,2010 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 5, 2010 City Manager Sign-off: Item: Check all that apply: n consent n old business ® new business n public hearing n information n admin. report n pending legislation AGENDA ITEM TITLE : Council Officer Selections GOVERNING LEGISLATION: City of Spokane Valley Resolution 09-012, Governance Manual Article I, Section 1.02—Council Meetings: Election of Officers Article I, of the Governance Manual describes the procedures for electing officers: Biennially, at the first meeting of the new Council,the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030). • The election for Mayor shall be conducted by the City Clerk. • The City Clerk calls for nominations. • Each member of the City Council shall be permitted to nominate not more than one (1)person; no member of the City Council is obligated to nominate a candidate. • Nominations do not require a second. • A nominee who wishes to decline the nomination shall so state at that time. • Nominations are then closed. • Except when there is only one nominee,election is by written ballot. • Each ballot shall contain the name of the Councilmember who cast it. • Election is determined by majority vote. • The City Clerk publicly announces the results of the election. • Ties shall be resolved in a contest by chance (the City Clerk will flip a coin) • Thereafter, the City Clerk records the individual votes by councilmembers in the meeting minutes. The election for Deputy Mayor shall be conducted by the Mayor-elect, and nominations shall be made in the manner previously described for the election of the Mayor. If Council is unable to agree on a Mayor by majority vote of members present,the Office of Mayor shall be temporarily filled by an Acting Mayor. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person is not a member of the Council, the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. RECOMMENDED ACTION OR MOTION: Conduct election of Mayor and Deputy Mayor STAFF CONTACT: Chris Bainbridge ATTACHMENTS CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Meeting Date: January 5, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Amendment to Spokane Valley Municipal Code 3.25.040 Gambling Tax, Payment of tax. GOVERNING LEGISLATION: Spokane Valley Municipal Code 3.25.040 Gambling Tax, PREVIOUS COUNCIL ACTION TAKEN: Council adopted the Gambling Tax Ordinance #28 on January 28, 2003. It was amended in 2006. BACKGROUND: The City implemented a gambling tax in early 2003. Gambling establishments were required to report their gross tax and pay amounts due to the City on or before the 15th day of the month succeeding the quarterly period in which the tax accrued. The 15 day requirement was difficult for establishments to meet, especially if they had more than one business where gambling took place. City staff didn't pursue gambling tax establishments that missed the deadline (15th of the month) established by the ordinance. Reminder letters were sent, usually 30 days after the end of the succeeding month, rather than the 15 days mentioned in the ordinance. The State Auditor's Office has suggested the ordinance be changed to require reports within 30 days of the end of the succeeding quarter rather than the 15 days that now appears in the ordinance. OPTIONS: 1) Amend Spokane Valley Municipal Code 3.25.040 to require a 30 day reporting deadline rather than the current 15 day deadline; 2) Rearrange priorities in the department to place greater emphasis on examining gambling tax returns between the 16th and 30th day succeeding each calendar quarter, and notify gambling establishments the existing 15th deadline will be strictly enforced. RECOMMENDATION: Direction from council to pursue option 1 is recommended. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Finance Director Ken Thompson Chapter 3,25 GAMBLING TAX Page 1 of 4 Chapter 3.25 GAMBLING TAX Sections: 3.25.010 Definitions. 3.25.020 Imposition of tax. 3.25.030 Exemptions —Charitable and nonprofit organizations. 3.25.040 Payment of tax. 3.25.050 Administration of collection. 3.25.060 Delinquent taxes-- Lien authorized — Collection actions. 3.25.070 Late penalty — Interest. 3.25.0.80 Notice of intention to engage in gambling activity— Filing with City. 3.25.090 Inspection and audit of premises, paraphernalia, books and records. 3.25.100 Penalties. 3.25.010 Definitions. For the purposes of this chapter, the terms used herein shall have the meaning provided in Chapter 9.46 RCW, as the same now exists or may hereafter be amended, and as further provided by the rules and regulations of the Washington State Gambling Commission, as set forth in WAC Title 230, as the same now exists or may hereafter be amended, unless otherwise specifically provided herein. (Ord. 28 § 1, 2003). 3.25.020 Imposition of tax. Pursuant to RCW 9.46.110, as the same now exists or may hereafter be amended, there is levied upon all persons, associations or organizations conducting or operating in the City of Spokane Valley any of the activities listed below, a tax to be paid to the City of Spokane Valley, in the amount hereinafter specified: A. Bingo and Raffles. 1. A tax in the amount equal to five percent of the gross receipts from a bingo game or raffle, less the amount awarded as cash or merchandise prizes. B. Punchboards and Pulltabs. All organizations, whether for profit, nonprofit or bona fide charitable, shall pay a tax in an amount equal to five percent of the gross receipts from the operation of punchboards and pulltabs, less the amount awarded as cash or merchandise prizes. C. Social Card Playing. 1. Operators shall pay a tax equal to 10 percent of the gross revenue from such card games. D. Amusement Games. 1. Amusement games authorized for operation pursuant to the provisions of the Washington Administrative Code shall be subject to the levy of a tax in the amount not to exceed two percent of the gross receipts from the amusement game, less the amount awarded as prizes, and shall be equal to the amount of actual costs and expenses incurred for enforcement of Chapter 9.46 RCW by the City of Spokane Valley. (Ord. 04-037 §§ 2, 3, 2004; Ord. 28 § 2, 2003). 3.25.030 Exemptions— Charitable and nonprofit organizations. A Bingo and amusement games conducted by a bona fide charitable or nonprofit organization (as defined in RCW 9.46.0209) shall be exempt from the tax imposed by SVMC 3.25.020, when such organization has no paid operating or management personnel and its gross receipts from bingo or amusement games, or a combination thereof, do not exceed $5,000 per year, less the amount awarded as cash or merchandise prizes. http://www.codepublishing.corn/WA/SpokaneValley/spva103/spva10325.html 12/28/2009 Chapter 3.25 GAMBLING TAX Page 2 of 4 B. No tax may be imposed on the first $10,000 of gross receipts, less the amount awarded as cash or merchandise prizes, from raffles conducted by any bona fide charitable or nonprofit organization. (Ord. 28 § 3, 2003). 3.25.040 Payment of tax. The tax imposed by this chapter shall be due and payable in quarterly installments and remitted to the city finance director together with the required information on the return form(s), as prescribed by the City, on or before the fifteenth day of the month succeeding the quarterly period in which the tax accrued, unless the fifteenth day of the month is a nonbusiness day or holiday, then said tax shall be due and payable on the next business day. Any tax remaining unpaid on the day following its applicable due date shall be delinquent; provided however: A. Whenever an entity subject to the tax imposed by this chapter ceases the taxable activity for a period of more than two consecutive calendar months, the tax shall become due and payable on the tenth calendar day following the last date of business, unless the tenth day is a nonbusiness day or holiday, then said tax shall be due and payable on the next business day. B. Whenever the city manager determines, based upon a history of delinquent payment or an assignment for the benefit of creditors, or such other evidence that the ability of the City of Spokane Valley to collect the tax owing from the taxpayer may be in jeopardy, the City, after not less than 10 days' written notice to the taxpayer, may require the taxpayer to remit taxes owing hereunder at a shorter interval than prescribed herein. Notice shall be given by regular and certified mail. In the event that the certified mail is refused by the taxpayer and returned to the City of Spokane Valley, notice shall be deemed effective upon the date of mailing of the notice by regular mail. (Ord. 28 § 4, 2003), 3.25.050 Administration of collection. The city finance director is hereby authorized to create a gambling tax form, which shall be available to the public in reasonable numbers at the City office during regular business hours. Taxes paid hereunder shall be accompanied by the gambling tax return form and a copy of the taxpayer's quarterly report to the Washington State Gambling Commission for the period in which the tax has accrued. The taxpayer shall be required to swear and affirm under penalty of perjury under the laws of the state of Washington that the information given in the return is true, accurate and complete. The city finance director is authorized, but not required, to mail to taxpayers gambling tax return forms for remitting the tax owing hereunder. Failure of the taxpayer to receive such a form shall not excuse timely payment of all taxes due and owing hereunder. (Ord. 28 § 5, 2003). 3.25.060 Delinquent taxes— Lien authorized — Collection actions. Whenever any tax imposed hereunder shall become delinquent, the city attorney is authorized to file a lien upon the personal and real property used in the gambling activity taxable by this chapter in the same manner as provided for under RCW 84.60.010, as the same now exists or may hereafter be amended. Pursuant to RCW 9.46.110 as the same now exists or may hereafter be amended, the lien shall attach on the date the tax becomes due and shall relate back and have priority against the real and personal property to the same extent as ad valorem taxes. The city attorney is further authorized to bring a civil action to collect fees, interest, penalties and delinquent taxes owing hereunder pursuant to RCW 9.46.350, as the same now exists or may hereafter be amended. (Ord. 28 § 6, 2003). 3.25.070 Late penalty— Interest. A. If a payment of any tax imposed hereunder becomes delinquent, there shall be added to said tax a late penalty in an amount as may be established from time to time by resolution of the city council. http://www.codepublishing.comlWA/SpokaneValley/spva103/spva10325.htm1 12/28/2009 Chapter 3.25 GAMBLING TAX Page 3 of 4 B. In addition to an assessment of a late penalty as prescribed by subsection A of this section, any quarterly tax payment not paid by the due date shall bear interest at the rate of 12 percent per annum or the maximum legal rate, whichever is greater. (Ord. 28 § 7, 2003). 3.25.080 Notice of intention to engage in gambling activity— Filing with City. For the purposes of identifying those subject to the taxes imposed by this chapter, each person, association or organization intending to conduct or operate any gambling activity which requires a license pursuant to Chapter 9.46 RCW as the same exists or may hereafter be amended, shall, no later than five days prior to the commencement of any such gambling activity, file with the city finance director a sworn declaration of intent to conduct or operate such activity on a form to be prescribed by the City, together with a copy of any license issued for that gambling activity by the Washington State Gambling Commission or its designee. (Ord. 28 § 8, 2003). 3.25.090 Inspection and audit of premises, paraphernalia, books and records. A. The premises and paraphernalia, and all the books and records of any person, association or organization conducting gambling activities pursuant to Chapter 9.46 RCW, as now existing or hereafter amended, and any person, association or organization receiving profits therefrom or having any interest therein, shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand, by the chief of police or his or her designee for the purpose of determining compliance or noncompliance with the provisions of this chapter, Chapter 9.46 RCW, and any rules or regulations adopted thereunder. A reasonable time for the purpose of this section shall be: 1. If the items or records to be inspected or audited are located anywhere upon a premises, any portion of which is regularly open to the public or members and guests, then at any time when the premises are so open, or which they are usually open; or 2. If the items or records to be inspected or audited are not located upon the premises set out in subsection (A)(1) of this section, then at any time between the hours of 8:00 a.m. and 9:00 p.m., local time, Monday through Friday. B. Each person, organization or association engaging in any gambling activity taxable under this chapter shall maintain records respecting that activity which truly, completely and accurately disclose all information necessary for the City to determine the taxpayer's tax liability hereunder during each base tax period. Such records shall be kept and maintained for a period of not less than five years. C. It shall be the responsibility of each individual taxpayer, and for organizations, associations, or corporations, the responsibility of each owner, officer, director or manager thereof, to make available at the times set forth above such financial records and information as the City or his or her designee may require in order to determine full compliance with this chapter. (Ord. 28 § 9, 2003). 3.25.100 Penalties. A. Whoever, in any application for a license or in any book or record required to be maintained by this chapter or by the Washington State Gambling Commission or in any report required to be submitted to said commission or to the City of Spokane Valley hereunder, shall make any false or misleading statement, or make any false or misleading entry or willfully fail to maintain or make any entry required to be maintained or made, or who willfully refuses to produce for inspection by the commission or its designee any book, record or document required to be maintained or made by federal or state law, or this chapter, shall be guilty of a gross misdemeanor subject to the penalties set forth in RCW 9A.20.021, as now existing or hereafter amended. http://www.codepublishing.com/WA lSpokaneValley/spva103/spval0325.html 12/28/2009 Chapter 3.25 GAMBLING TAX Page 4 of 4 B. RCW 9.46.185, 9.46.190 and 9.46.195, as now existing or hereafter amended, are hereby adopted by this reference as if set forth fully herein verbatim. (Ord. 28 § 10, 2003). Compile Title This page of the Spokane Valley Municipal Code is City Website: http://www.spokanevalley.org/ current through Ordinance 09-030 and legislation (http://www.spokanevaliey.org/) passed through October 13, 2009, City Telephone: (509) 688-0177 Disclaimer: The City Clerk's Office has the official version of the Code Publishing Company Spokane Valley Municipal Code. Users should contact the City (http://www.codepublishing.com/) Clerk's Office for ordinances passed subsequent to the ordinance cited above. http://www.codepublishing.com/WA/SpokaneValley/spval03/spva10325.html 12/28/2009 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of December 30, 2009; 10:15 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings January 8-9: AWC's "Elected Officials Essentials" Doubletree Spokane City Center, 322 N Spokane Falls Court Winter Retreat(Special Meeting)—January Date to be Determined. CenterPlace Conf Rm 3:00p.m.—7:00p.m. Tentative agenda items: (5) Workplan (1)Paveback (6)six year business plan (2)snow plowing long-term plan (7)brainstorming (3) review 2010 Council Budget goals (4)financial forecast January 12,2010,Formal Meeting Format, 6:00 p.m. [due date Mon,Jan 4] Proclamation:Human Trafficking 1. Consent Agenda: Payroll, Claims, Minutes (5 minutes) 2. First Reading Ordinance 10-001 Amending Gambling Ordinance—Ken Thompson (10 minutes) 3. First Reading Proposed Ordinance 10-002 Amend 17.100.030, Sup.or Dist Ct, (suspend rules)C. Driskell(5 min) 4. Admin Report: Alarm Ordinance Amendment—Cary Driskell (10 minutes) 5. Admin Report: Homeless Housing and Assistance Regional Program—Mike Connelly (10 minutes) 6. Admin report: CenterPlace Food Service Contract- Mike Stone (10 minutes) 7. Info Only: Planning Commission Rules of Procedure—Kathy McClung 8. EXECUTIVE SESSION: Pending Litigation' Land Acquisition [*estimated meeting: 50 minutes] January 19,2010, Study Session Format,6:00 p.m. [due date Mon,Jan 11] 1. Paveback Update—Neil Kersten (20 minutes) 2. Planning Commission Rules of Procedure—Kathy McClung (20 minutes) 3. Animal Control Amendment— Cary Driskell (20 minutes) 4. Franchise Agreements—Cary Driskell (20 minutes) [*estimated meeting: 80 minutes] January 26,2010,Formal Meeting Format, 6:00 p.m. [due date Friday,Jan 15] 1. Consent Agenda: Payroll, Claims, Minutes (5 minutes) 2. Second Reading Ordinance 10-001 Amending Gambling Ordinance—Ken Thompson (10 minutes) 3. Second Read Proposed Ordinance 10-002 Amend 17.100.030 -Cary Driskell (5 minutes) 4. Proposed Resolution 10-001 Homeless Housing and Assistance Act—Mike Connelly (10 minutes) 5. Proposed Resolution 10-002 Adopting Planning Commission Rules of Procedure—Kathy McClung (10 minutes) 6. Motion Consideration: CenterPlace Food Service Contract—Mike Stone (5 minutes) 7. Motion Consideration: Paveback—Neil Kersten (10 minutes) 8. Admin Report: Adult Entertainment Code Revision— Cary Driskell (15 minutes) 9. Info Only: Department Reports [*estimated meeting: 70 minutes] January 27-28,2010—City Legislative Action Conference, Olympia(Red Lion Hotel) Draft Advance Agenda 12/31/2009 7:49:16 AM Page 1 of 2 OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Plan Adult Entertainment Affordable Housing Participation Alternative Analysis (contracts) Animal Control Bidding Contracts (SVMC 3. —bidding exceptions) City Hall Sales Purchase Agreement Comp Plan Qrtrly Update (Jan,April,July, Oct) Concurrency Council Broadcasting Develop. Agreement Ord 09-015 expires 2-26-2010 East Gateway Monument Structure # Jail Project Presentation and tour Lexipol Policies Overweight/over size vehicle ordinance (2010) Planned Action Ordinance SARP Periodic Updates—Scott Kuhta Site Selector Review(March 2010) Sprague Appleway Corridor EA Spokane Regional Transportation Council Draft Interlocal Transportation Benefit Dist(2010) a. Establish ord.; (b)set public hearing; (c) draft resolution; (d) ballot language Transportation Impacts WIRA,Water Protection Commitment,public education [#=Awaiting action by others; * =doesn't include time for public or council comments] Request for early Consideration: 1.Wastewater Policy Advisory Board Briefing 2. Retreat Planning 3. Request from SO for Emergency Mgmt Update 4. Appointments to Boards & Commissions, i.e.: Cable Advisory Board(citizen appointment) Chamber of Commerce Convention Visitor's Bureau Greater Spokane,Inc. Emergency Communications Board 911 Finance Committee(Spokane Valley)—3 councilmembers Growth Management Act Steering Committee of Elected Officials Health District Board, HCDAC(Housing& Comm Dev)(citizen appointment) International Trade Alliance Lodging Tax(one citizen/business appointment; and Council rep) Governance Manual(Spokane Valley)—3 councilmembers NE Housing Solutions(citizen appointment: normally done by Spokane County) Solid Waste Liaison Board Solid Waste Advisory Committee(BoCC Confirms Mayor's recommended councilmember) Spokane Regional Transportation Council Spokane Transit Authority (STA) Wastewater Policy Advisory Board 5. Solid Waste Board/Governance 6. Law Enforcement Contract Draft Advance Agenda 12/31/2009 7:49:16 AM Page 2 of 2 SpOT)okane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum To: City Council Members; David Mercier, City Manager From: Michael D. Stone, CPRP, Director of Parks and Recreation Date: December 31, 2009 Re: CenterPlace Food Services In February of this year, CenterPlace established a Food Services contract with Beacon Hill. This annual contract sought to create a partnership that was suggested by our Marketing Plan to improve customer service and increase facility usage. Beacon Hill was selected based upon their responses to an RFP, a taste-testing and staff interview in December 2008. The current agreement did not work effectively therefore Beacon Hill and the City have mutually agreed to not renew the Food Services contract for 2010. Staff feels that the concept of an in-house food services provider is valid and that CenterPlace has a responsibility to our citizens to be a facility that is accommodating and responsive to their needs. Therefore, we are moving forward with the intent to continue to have a non-exclusive in-house caterer for 2010. The Glover Mansion dba Red Rock Catering was the number two ranked caterer from our process in 2008. They have experience contracting with an off-site location and a good understanding of CenterPlace expectations and clientele. Staff is in the process of developing a contract with Red Rock for 2010 that will be brought before the City Council for your review and input on January 12, 2010 for a first reading and January 26, 2010 for contract approval. It will have the same terms as the previous contract which was a one-year contract with five additional one-year renewal options. Having an in-house caterer will not only increase our revenue but provide another positive layer of customer service. We hope to begin that service February 1, 2010. If you have any questions or need additional information please let me know. Thank you. 1