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.
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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.
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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.
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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