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2010, 02-02 Study Session MinutesMINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington February 2, 2010 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, Deputy City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Cary Driskell, Deputy City Attorney Dean Grafos, Councilmember Rick VanLeuven, Police Chief Brenda Grassel, Councilmember Neil Kersten, Public Works Director Mike Stone, Parks & Recreation Director Kathy McClung, Community Development Dir. Absent: Greg McCormick, Planning Manager Bob McCaslin, Councilmember Carolbelle Branch, Public Information Officer Christina Janssen, Assistant Planner Bill Miller, IT Specialist Chris Bainbridge, City Clerk ACTION ITEMS: lb. Proposed Resolution 10 -003: Cijy Manager Vacancy — Mike Connelly City Attorney Connelly explained that of the two items on tonight's agenda under action items, he suggested Council address the resolution first, then proceed with the discussion of a permanent city manager, and Council concurred. Mr. Connelly stated that this resolution will allow council to designate a qualified administrator to perform the duties of City Manager as the prior city manager is no longer here, and to begin the process of selecting a permanent manager, and that such process follows statute. He explained that Deputy City Manager Mike Jackson has been acting in that role throughout January, but he would have to be designated to perform the City Manager duties prior to February 5, 2010. Also RCW 35.13.050, Mr. Connelly explained, discusses who is qualified is serve as city manager, and it indicates that the person should be selected on the basis of the person's executive and administrative qualifications, with special reference to that person's actual experience in or knowledge of accepted practice in respect to those duties; that it is a general guideline, and he asked Council to look for someone who is familiar with the duties and responsibilities and has the skill sets necessary to operate in that capacity, and said that should be considered both for an acting city manager as well as a permanent city manager. Mr. Connelly said that Council engaged in a detailed evaluation of the qualifications of Mr. Jackson and Council met yesterday in executive session to evaluate those qualifications. Attorney Connelly said that there is a resolution on the dais tonight before each Councilmember, which is an alternative draft resolution to that which was part of the council's original packet materials, which would allow the designation of Mr. Jackson now, and a contract to be negotiated later rather than take both actions tonight. It was then moved by Deputy Mayor Schimmels and seconded, to approve the alternative draft resolution 10 -003. City Attorney Connelly went over the contents of the alternative draft resolution, pointing out that Section 1 designates Deputy City Manager Mike Jackson to perform the duties of City Manager until such time as a permanent City Manager is selected; and that Section 2 authorizes the Mayor to negotiate and prepare a "Letter of Agreement for Acting City Manager" with the Deputy City Manager for Council Council Meeting Minutes: 2 -02 -2010 Page I of 6 Approved by Council: 02 -23 -2010 consideration. Councilmember Dempsey said she is glad Mr. Jackson put his name forward and said we are fortunate to have him. Councilmember Grassel said that RCW 35A.13.150, states that the council may designate a qualified administrative officer of the city to perform the duties of manager; and she asked if Council has an option to leave that position vacant and leave Mr. Jackson as the Deputy City Manager, and what would be the consequences of doing so. Mr. Connelly said there is not an option to not have someone designated with the authority of the City Manager; that there are a number of statutory duties that are exclusive to the City Manager under the Council/City Manager form of government; and the referred to "may" means that Council has the option of appointing someone outside the city as an interim city manager, or appointing someone as a permanent city manager; and that this is one of three possible routes to take: Council can appoint an existing official as a temporary city manager, which is what this resolution does, or Council can appoint someone as a permanent city manager tonight, which Mr. Connelly said he would not recommend because there have been no analysis or study done of anyone for that position, or Council can appoint someone outside the city structure as the interim city manager, and if Council wants to take that third option, he suggests Council takes this action tonight, then engage in at least a mini - search for the interim position; so the permissive language simply means Council can appoint an interim, or a permanent, or take the action tonight; but that there must be someone with the authority of a City Manager to operate the city. Councilmember Grassel asked that the option on the Request for Council Action form gives as options, to approve or reject a resolution to designate an individual to perform the duties of City Manager; so then Council is not really given the option to reject a resolution? Attorney Connelly said Council doesn't have to use this route for the interim position to negotiate a contract with Mr. Jackson and have him as the interim city manager; but what has to be done tonight is for at least a week or two until we come up with a process to select an interim city manager if that is Council's desire, we have to have someone vested with the authority of the city manager, so Section 1 of the resolution must be passed at the very least. Councilmember Grafos asked for confirmation that tonight's action is to appoint Mr. Jackson as the temporary person until next week; and Attorney Connelly said that Council is designating Mr. Jackson to perform the duties of the City Manager until such time as Council enters into a contract, either with an interim or with a permanent city manager; and the second part of this resolution authorizes the Mayor to negotiate a contract; obviously that contract would have to come back to Council for approval before it would be effective. Councilmember Grafos asked what would occur if there was no agreement on a contract; and Attorney Connelly said Council would have to come up with a different process to find that interim city manager. Mayor Towey invited public comments; no comments were offered. Councilmember Gothmann said he feels Mr. Jackson is a people person and has a great deal of respect from the staff. Deputy Mayor Schimmels said even though Mr. Jackson has only been the Deputy for approximately two years, he feels Mr. Jackson is well qualified and has a very good resume. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 1 a. Discussion of City Manager Vacancy — Mike Connelly City Attorney Connelly said that the discussion Council needs to engage in is what process to follow for the selection of a permanent city manager, and when does Council want to actually make decisions with respect to that; that there is no urgency, but it is something to deliberate on; that the alternatives are Council can appoint the acting city manager as permanent city manager, or could conduct a search in- house and conduct a national -wide search and advertise, get candidates and go through the selection process, and if that is the process, we would ask that Council ask the City Manager and staff to put together a specific process for Council approval before the process starts, to ensure the process would be fair; or Council could hire an outside executive search firm to conduct the search; or to ask one of the executive search firms to come discuss the process to give Council a clearer idea of what they could do or what council might need to conduct the search in- house; and Mr. Connelly said he feels council might benefit from gathering such information from someone who does this for a living. In response to question from Councilmember Dempsey, Mr. Connelly said if Council wanted to go the "mini- search route," that Council Meeting Minutes: 2 -02 -2010 Page 2 of 6 Approved by Council: 02 -23 -2010 means Council would read the resumes; and if there is an in -house search, Council will be very involved as it would be Council's candidate; that staff can facilitate the process, and do mailings, and other functions, but that tasks will have to be assigned to Councilmembers to review the resumes, to dwindle them down to those to interview; and staff can work with Council if Council desires, to draft interview questions; but this is something that is Council's task to ultimately bring the candidates down to one person. Councilmember Dempsey asked what else would be needed if Council prefers to hire Mike Jackson as the new city manager, and City Attorney Connelly said nothing more need be done other than to make such appointment. Councilmember Grassel said she has already received a few resumes, and said if Council feels after an in -house search, that there are no strong candidates, could council then go with the executive search committee, and Attorney Connelly said that is an alternative; and said the only recommendation he has is that once the direction is determined, we need to take the time to identify a very specific, fair process, and then follow it because the selection of any executive needs to be done in a way that is perceived as fair, that is fair, and that reaches the largest audience to get the best number of candidates to council for consideration; and if that is the process Council desires, the process needs to be determined exactly, and staff would then bring that process back to Council for council approval prior to proceeding any further. Mr. Connelly said the idea of bringing someone in to talk to Council before Council makes that final decision, might be helpful so Council would know exactly what they would be buying on the professional side, and get some good ideas of what Council could do on its own. Regarding doing the search in- house, City Attorney Connelly said he spoke with the City Manager and to Human Resources, and if that is Council's desire, staff will come up with a plan to present for council consideration. Councilmember Grafos said at this time, he would like to see just a local search and to have staff bring a proposal on how to start that search in -house on a local basis. Councilmember Dempsey asked about the definition of "local" and whether that means within Spokane Valley, or Spokane County; and City Attorney Connelly said he assume that means we would do the search in- house, but to look at as broad a spectrum as possible, and Councilmember Grafos concurred. Deputy Mayor Schimmels added that Council needs background on the process, including a purpose of exactly what it is Council seeks; and Councilmember Gothmann added that Council needs to determine what skills and attributes Council seeks and are important for a City. City Attorney Connelly said a motion will be placed on an up- coming agenda to start the process, and staff will start researching to determine what resources may be available, and part of the process that staff will define for Council, will be to identify what Council is looking for; and that would likely involve a Council meeting, a workshop, and public involvement prior to advertising for the position. Councilmember Gothmann said the pool of candidates could include Mr. Jackson if he is interested; and Mr. Connelly concurred. Councilmember Grassel asked if the process would include salary, and Mr. Connelly said prior to advertising and receiving resumes, there must be a clear idea of what we are offering an applicant, at least a salary range, and said staff can get some recommendations from some of the executive search firms as to what has been used by others. Council concurred with Mr. Connelly's suggestions. NON - ACTION ITEMS: 2. Ordinance Amending Uniform Development Code and Provide for Development Agreement — Christina Janssen/ Mike Connelly Assistant Planner Janssen went over the background of this proposed amendment to Spokane Valley Municipal Code Title 17 and 19, as noted in the February 2, 2009 Request for Council Action form, and said that this proposed ordinance is in follow -up to emergency ordinance 09 -015 which provided for the creation of developer agreements, something that is not currently provided for in our Code. After explaining the proposed changes, there was Council consensus to bring this for a first reading ordinance at an upcoming council meeting. Council Meeting Minutes: 2 -02 -2010 Page 3 of 6 Approved by Council: 02 -23 -2010 3. Planning; Commission Rules of Procedure — Kathy McClung Community Development Director McClung explained that the Rules of Procedure were last updated in June of 2006; and the Procedures currently state that they should be reviewed every other year; that these changes are proposed to clarify language, to delete one section based on previous Council direction, and to move one subsection to a more appropriate section. There was Council consensus to move this forward at an upcoming council meeting, and to adopt these rules by Resolution. Councilmember Grassel said that the rules mention conflict of interest on the part of the Commissioners, and she asked if there is anything which states about being removed for lack of attendance. City Attorney Connelly said he will get Council copies of the appropriate state statutes dealing with the Planning Commissioners. 4. Animal Control Ordinance Amendment — Cary Driskell Deputy City Attorney Driskell said that this is a follow up on animal control services; that in discussing the Code with SCRAPS Director Nancy Hill, a discrepancy was noted between the County's regulations and ours; specifically regarding the definition of "kennel" as the County regulations state that an animal owner can have up to four animals without a kennel license, and our Code states that an animal owner can have up to five animals without a kennel license; and SCRAPS for like the Codes to be the same for ease in regulating; and Mr. Driskell added that kennels are not permitted in our residential areas. After discussion concerning contacting kennel owners, the desire to have public comment, and that this will involve a change to our Uniform Development Code, there was Council consensus to return this issue to the Planning Commission with eventual return to Council. 5. City Hall Property Negotiations Status — Mike Connelly To bring Council up -to -date on the City Hall Property Negotiations via his January 27, 2010 memorandum, City Attorney Connelly briefed Council on steps taken up to now; he referenced the May 5, 2008 Letter of Intent, which was also included as part of the council's packet material; and he went over the options listed in that noted January 27, 2010 memorandum; and concluded by explaining that staff awaits Council direction on whether to continue to negotiate with the property owner for the purchase of property for a future city hall, or to suspend negotiations pending a determination of future legislative changes to the SARP (Sprague /Appleway Revitalization Plan), as the Plan contemplates this area as the ultimate city center; he said he feels we should not act contrary to the Plan while we have the plan, or do other things until the Plan is actually changed. It was also mentioned that the SARP would be discussed at next week's Retreat. Councilmember Gothmann stated that until a decision is made on how to deal with SARP problems, it would be unfair to continue negotiations and therefore, negotiations should be suspended until such determination is made. Deputy Mayor Schimmels voiced his agreement and said a notice needs to be sent to U -City explaining where we are and that we need time. Councilmember Grassel agreed that suspension makes the most sense, and said that as we are in an economic downturn, it would be difficult to attract a developer. Attorney Connelly said that the consulting relationships were terminated last year, and other than staff involvement, there are no on -going costs; and said staff will check to confirm if all costs have been disbursed; and will check regarding work done by the architect firm. Councilmember Gothmann mentioned that there is a difference between the purchase of the property and building a building; and Attorney Connelly confirmed the two have always been separate. It was determined that a motion will be brought to council later to gain specific direction, and to invite members of the community to give input. 6. Law Enforcement Services — Rick VanLeuven Police Chief VanLeuven explained via his PowerPoint presentation, of the need for additional executive management for administrative and operational oversight, i.e., a precinct commander; that the need was identified in 2007 and recommended by the ICMA Law Enforcement Study in September 2009. Chief VanLeuven explained some of the duties and essential functions of the position, and said this individual would be appointed by and serve at the Police Chief's discretion; and that the annual cost to Spokane Council Meeting Minutes: 2 -02 -2010 Page 4 of 6 Approved by Council: 02 -23 -2010 Valley would be $152,706. In response to questions concerning funding, Deputy City Manager Jackson said originally staff thought the position could be funded by moving resources within the existing budget, but that option is no longer available; and that tonight's presentation is to make Council aware of the decision, but staff continues to work to find a way to fund the position with existing resources. Discussion included mention of the critical need for this position; that a precinct commander needs to have command authority to make decisions that a sergeant doesn't have; that part of the problem in funding is due to the economy; and if it is council's determination to pursue this, Mr. Jackson said staff can examine what would be necessary to change the contract, adding that it would represent an increase in expenditures to the City. Mayor Towey and Councilmember Gothmann said they feel the position is needed and hope staff will look at revenues to come up with a way to support the position. Mr. Jackson said staff would like to investigate financial resources and come back in a few weeks; Councilmember Grafos said he would like to find a funding source and roll this into the negotiations at the Sheriff's Office. Mr. Jackson said staff will look at all options; and there was Council consensus to support that. 7. Advance Agenda — Mayor Towey Mayor Towey reminded everyone of next week's retreat at CenterPlace; and City Attorney Connelly mentioned that the SARP (Sprague /Appleway Revitalization Plan) will be included in the land use history agenda item. Councilmember Gothmann said he would like to consider putting an issue on an upcoming ballot to address the one -way versus two -way issue; and Mr. Connelly said staff will lay out all the options for Council. Discussion was held on upcoming joint meetings with other entities, and City Clerk Bainbridge mentioned she is working on setting those meeting dates. Point of Order: It was moved by Councilmember Grafos, seconded and unanimously agreed, to excuse Councilmember McCaslin from this evening's meeting. 8. Information Only: Department Reports and Hearing Examiner Annual Report these were for information only and were not reported or discussed. 9. Council Check in Councilmember Gothmann said that KXYL is doing a report on panhandling by having a member of their staff pose as a panhandler; and Councilmember Gothmann said that the only way to stop panhandlers is to stop giving them money; and said that 80% of the money given to them goes to drugs and /or alcohol. Councilmember Dempsey said she attended a meeting in Liberty Lake with that City's Mayor and representatives from the HUB, and noted that the HUB has indicated unless they receive substantial financial assistance soon, or at least a promise of receiving such assistance, that they could close their doors; and she said perhaps our city could partner with Liberty Lake to support this facility; that although the facility is outside our city limits, events at the facility impact tourism in the area. Councilmember Gothmann said that perhaps staff in our Parks and Recreation department could look into this and report back; and Deputy City Manager Jackson said that when the HUB was about to change ownerships, they approached the City for assistance; and said that Spokane County did an extensive pro forma on the facility when they were considering obtaining the building, and said staff can gather information and report back to Council at a later date. Other ideas mentioned were going with a joint election request, contacting the Sports Commission for assistance or ideas, or forming a special district; and City Attorney Connelly said there could be legal considerations and said staff will look into that as well. Mayor Towey mentioned the recent Fire District awards banquet with Chief Thompson receiving honors from his peers; and Councilmember Grassel mentioned that Peggy Doering recently received the Chamber's Citizen of the Year award. Council Meeting Minutes: 2 -02 -2010 Page 5 of 6 Approved by Council: 02 -23 -2010 10. City Manager Comments Deputy City Manager Jackson said that our lobbyist called a few days ago and reported there could be some transportation funds available, but they are limited to perhaps $300,000; that we are already planning to construct the Sprague /Sullivan intersection at approximately $1 million, but we need another $318,000, and he asked for Council consensus to ask the lobbyist if the opportunity arises, to put our name in for this possible grant opportunity. Council concurred. It was moved by Councilmember Dempsey, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:40 p.m. ATTEST: r Thomas E. Towey, Mayor ristine Bainbridge' Clerk Council Meeting Minutes: 2 -02 -2010 Page 6 of 6 Approved by Council: 02 -23 -2010 Council Members, Mike Connelly, Mike Jackson The HUB Regional Sports Facility — Is in dire financial straits and will close by 1 April without either an influx of substantial cash the promise of substantial cash, or the promise of a ballot measure in the fall. — HUB needs $3.5 - $4.5 million to purchase building and surrounding property. — While the HUB is physically in Liberty Lake, it sits on the boundary line between Liberty Lake and Spokane Valley. The hotels and motels of Spokane Valley benefit directly and substan- tially from the various regional and national sports events held at the HUB. — The City of Liberty Lake would like us to work with them toward a solution which would benefit not only our two cities, but the entire region. — Among the solutions suggested and rejected by this committee were: Sales tax not there Utility tax SV: no. LL: possible, but mayor unwilling REET no surplus Bonds not Grants competitive, takes time, strings attached — Possible solutions: Hotel/Motel lodging tax funds would need us to commit most or all Parks/Recreation District combine SV/LL; would need long term commitment; would need voter approval for $.04 per $1,000. This committee met at the Liberty Lake City Hall on Friday morning, 29 January. A Critical Path has been developed by committee members and will be presented at another meeting Friday, 5 February, at 9:00 a.m. The committee members argued that the HUB is really a community recreation center and should be publicly owned. Rose Dempsey