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Home My WebLink About2025, 05-20 Formal B MeetingMINUTES City of Spokane Valley City Council Meeting Formal B Format Tuesday, May 20, 2025 Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Tim Hattenburg, Deputy Mayor Erik Lamb, Deputy City Manager Rod Higgins, Councilmember Gloria Mantz, City Services Administrator Laura Padden, Councilmember Kelly Konkright, City Attorney Jessica Yaeger, Councilmember Tony Beattie, Senior Deputy City Attorney Al Merkel, Councilmember Chelsie Walls, Finance Director Robert Blegen, Public Works Director Virgina Clough, Legislative Policy Coordinator Absent: Dave Ellis, Police Chief Ben Wick, Councilmember John Whitehead, HR Director Jill Smith, Communications Manager John Bottelli, Parks & Rec Director Jerremy Clark, Traffic Engineering Manager Erica Amsden, CIP Engineering Manager Kendall May, Recreation Coordinator Rheo Martinez, Communications Specialist Justan Kinsel, IT Specialist Patricia Rhoades, Deputy City Clerk INVOCATION: Pastor Greg Wilt of Liberty Lake Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE: Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL: Deputy City Clerk Rhoades called roll; all Councilmembers were present except Councilmember Wick. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to excuse Councilmember Wick. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the amended agenda. SPECIAL GUESTS/PRESENTATIONS: Mr. Tom Towey, You Rock Recognition Award Mayor Haley introduced Mr. Towey and spoke about the work our previous Mayor had done within our community and details of his community service. Mr. Towey accepted the award and thanked everyone for attending the meeting to celebrate with him and thanked staff and council for bringing back the Community Recognition Awards that he helped to create. PROCLAMATIONS: GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comments. Ben Lund, Spokane Valley; provided comments. ACTION ITEMS: 1. Ordinance 25-007: First Read: CTA- 2024-002 — Tony Beattie Council Meeting Minutes, Study Session: 05-20-2025 Page 1 of 3 Approved by Council: 08-26-2025 After Deputy City Clerk Rhoades read the Ordinance title, it was moved by Deputy Mayor Hattenburg and seconded to advance Ordinance Number 25-007 amending Chapters 17.80 and 22.130 SVMC related to removing right-of-way permit procedures from the development code as stated in CTA-2024-0002 to a second reading. Mr. Beattie, Mr. Clark and Ms. Nickerson presented information on the right-of-way permit updates in a PowerPoint presentation. The presentation also reviewed the amendments to chapters 22.130 and 17.80 in SVMC as well as the updates to the enforcement procedures. Mayor Haley called for public comments; no comments were offered. Vote by acclamation: in favor: Unanimous. Opposed- None. Motion carried 2. Ordinance 25-008: First Read: Right of Way Permit update — Tony Beattie After Deputy City Cleric Rhoades read the Ordinance title, it was moved by Deputy Mayor Hattenburg and seconded to move to advance Ordinance Number 25-008 adopting new chapter 9.50 SVMC and amending chapter 7.05 SVMC related to updating right-of-way permit procedures and enforcement to a second reading. Mr. Beattie, Mr. Clark and Ms. Nickerson presented additional details on the right-of-way permit update with a PowerPoint presentation that also included a review of the proposed new chapter 9.50 of SVMC and amendments to 7.05 of SVMC. Mr. Clark noted that the primary reason for the update was for traffic safety. Mayor Haley called for public comments; no comments were offered. Vote by acclamation: in favor: Unanimous. Opposed• None. Motion carried. 3. Motion Consideration: Pines GSP Construction Management Contract — Erica Amsden Robert Blegen It was moved by Deputy Mayor Hattenburg, seconded to allow the City Manager to finalize and execute the construction management services contract amendment with HDR in an amount not to exceed $1, 999, 376.13 for the amendment or $2, 346, SI S. 36 for the total contract, in substantially the form of the attached amendment. Ms. Amsden and Mr. Blegen provided a brief background on the Pines Grade Separation Project and the need for the construction management contract. They noted the phases of construction and that the contract amendment covets the constriction management services needed for Phase 2 of the project. Mayor Haley called for public comments; no comments were offered. Council discussed the bid process for the project and finding associated with the project. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councibnembers Higgins, Padden and Yaeger. Opposed • Councilmember Merkel. Motion carried. NON -ACTION ITEMS: 4. Admin Report: Bert J. Porter Foundation — John Bottelli, Shelly O'Quimr Mr. Bottelli introduced Ms. Shelly O'Quinn, Chief Executive Officer of the Innovia Foundation. Ms. O'Quinn and Mr. Bottelli provided details regarding the Bert J. Porter Foundation that included a background on Mr. Porter, the establishment of the endowed foundation, naming the City as a beneficiary as well as other community organizations and information on the distribution of funds from the foundation to the city each year. Mr. Bottelli noted that the funding would help complete the soccer mini pitch at Greenacres Park. Council thanked Ms. O'Quinn for the presentation and the Porter family for the generous funding. 5. Admin Report: Parks, Recreation, and Aquatics Season Preview — Kendall May Ms. May presented a PowerPoint presentation that previewed the 2025 Recreation, Aquatics and Parks Season. The presentation included a preview of the recreation programs and the aquatics programs. The recreation programs for the summer included various camps, outdoor movies, outdoor recreation including paddleboarding, kayaking and hikes, youth sports, archery, Arbor Day celebration and therapeutic recreation. The aquatics programs included free swim Fridays, paws in the pool event, and program offerings. The Aquatics Programs also included two pools that will open on June 16 and one will open a week later. The swimming lessons will start a little later this year. All manager and lead guard positions are filled, and they are hiring cashier and lifeguard/swim instructors. Open swim, swim team (140+ registrations so far), swim lessons (700+ registrations), water exercise, and lap swimming are all included in the general aquatics' programs. Ms. May also reviewed the shelter reservations for the summer, the special events, the field rentals and the trails in the community. She also noted the Park & Meal Program taking place at three Council Meeting Minutes, Study Session: 05-20-2025 Page 2 of 3 Approved by Council: 08-26-2025 local parks: Edgecliff, Valley Mission, and Terrace View. Council thanked Ms. May for her detailed presentation and are looking forward to a successful summer season with the Parks Department. INFORMATION ONLY: GENERAL PUBLIC COMMENT OPPORTUNITY: Mayor Haley stated that the general public comment rules still apply and called for public comments. Al Shrock, Spokane Valley; Mike Dolan, Spokane Valley provided comments. COUNCIL COMMENTS Councilmember Merkel thanked former mayor Towey, thanked former Councilmember Peetz for introducing that program a number of years ago. I think it is important to think about how we choose contractors for the city, and the process is important. Councilmember Higgins had no comments. Councilmember Padden noted that the truth is important. There was some news from the Governor regarding a bill that was signed and protects employees when the lodge complaints and their information is now redacted on public records requests. She noted that the 61 amendment does not apply with a situation involving a specific councilmember and that it says in all criminal prosecutions and all his cases are civil. She went on to provide definitions of truth and retaliation. She closed with details on the history of the bill that was approved almost unanimously and thanked those that assisted with the bill. Councilmember Yaeger had no comments. Deputy Mayor Hattenburg spoke about the decorum and respect of the meeting. MAYOR'S COMMENTS Mayor Haley noted that we are taking nominations for our special Rock Star award. Mayor Haley also spoke about how council speaks to our staff during the meeting because they are the subject matter experts and council is not, and she appreciates them. CITY MANAGER COMMENTS City Manager Hohman spoke about the multiple options for the Flora Cross Country Project CIP 0361 and asked noted the sizable contingency for project. Mr. Hohman noted six different items on the contingency list and was seeking consensus on the four items (2-5 on the list) which were to pave and stripe gravel area south of parking lot, place outside boulders for parking lot barricades, entrance gates at Flora Rd, and split rail fencing along frontage and starting chute. Mr. Hohman noted that the items had been reviewed by the TPA. Consensus was provided to move forward with the four items noted. Mr. Hohman closed with a special thanks to Chief Ellis and to call out and the Detective of the Year as Detective Tom Keys for receiving the award and noted the great presentation from Chief Ellis at the ceremony and for the support that the council fives to our police department. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to adjourn at 7:17p.117. ATTEST: 0 Q � 4 � 4tr�3.') Marci kiferson, City Clerk -IQ W"-- kvo\ Pam Haley, Mayor Council Meeting Minutes, Study Session: 05-20-2025 Approved by Council: 08-26-2025 Page 3 of 3 PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, May 13, 2025 6:00 p.m. GENERAL PUBLIC COMMENT OPPORTUNITY #1 Please sign up to speak for up to THREE minutes and the Mayor will afford the public the opportunity to speak. The public comment opportunity is limited to a maximum of 45 minutes. You may only speak at one of the comment opportunities, not at both public comment opportunities NAME PLEASE PRINT TOPIC YOU WILL SPEAK I YOUR CITY OF RESIDENCE ABOUT Please note that once information is entered on this form, it becomes a public record subject to pttblic disclosure. PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, May 13, 2025 6:00 p.m. GENERAL PUBLIC COMMENT OPPORTUNITY #2 Please sign up to speak for up to THREE minutes and the Mayor will afford the public the opportunity to speak. The public comment opportunity is limited to a maximum of 45 minutes. You may only speak at one of the comment opportunities, not at both public comment opportunities. NAME TOPIC YOU WILL SPEAK PLEASE PRINT ABOUT YOUR CITY OF RESIDENCE Please note that once iglormation is entered on this form, it becomes a pnbllc record subject to public disclosure. CONTINGENCY UTILIZATION Flora Cross Country - Walker Construction Project CIP No. 0361 %11ey, Contingency available per Council Motion 4/8/25 $411,882.00 Item # Description Item Cost REMAINING 1 Course Timing Sleeves (1)—I" & (2)— 2" for power & data -no boxes $39,474.00 $372,408.00 2 Pave & stripe gravel area south of parking lot (No curb/LS/lighting) $117,495.00 $254,913.00 3 Place onsite boulders for parking lot barricades $16,770.00 $238,143.00 4 Entrance gates at Flora Road - (3) $34,025.00 $204,118.00 5 Split rail fencing along frontage and starting chute $30,490.00 $173,628.00 6 ADA Asphalt spectator path to middle of course-1,800' @ 10' wide $158,777.00 $14,851.00 7 P:\Public Works\Capital Projects\Street Projects\0361- Flora Cross Country Complex\Construction Administration\Change 5/15/2025 Orders\Contingency\20250512-ContingencyTallyReduced-0361 ITEM #2 x d t a f k � M x / Pave and stripe gravel area south of parking lot. No curb, sidewalk, `:::::.:::>:;:.;;:.;.... landscaping or lighting. 0 t ./ /. / 3 I / / I x l � �'..... a .. I / l......: i l J I • O / r i C ....:.�... .................... / :` <::> < 7 ITEM #3 = N � r E1 / Place onsite / boulders parking for lot �l r i °NAY barricades oN(Y l BUS ON(Y / N C� /J t a /J k r B(i h/ r r / ONLY Z"*/",Z->J-j ONLY j t � Entrance Gates I : / (typical of 3) I-J aNLy /•/ / � r-' 0 0 �o�oU��< o�o°oo oo0°c0 eN 00 0 0'0o 00 o,ooo°ff 0� o 1 �\ ` �0 0 0�0 o00 'q o ff' °�°o ' o0 0 0 0 O O00 00000 7< II f 0 jo o a p , 00 o c ol Yll o o %n \ ��\\�(�\\��111�IIIIiIII 0 0� ��\ \ ° \pl Z �� o ;� \\ \\oos°�`��`��`�111 I � I h )� FP 70 \\\loco° }i CL f III � C O L , IA Q 11`\\ Q �� 00 co 0- o \IIl l`$ g000° 1 , 1\oj end. e4��\\�\�III\ \ °d 0 1 O'111 00 ob`�o� l \ \ \ » II ✓ :\\�\\\\` ��/� I l \41\�111III' oo O �I 0 o o \\\ r o J \ o 0 o I 1 ll \I I 10 0l 1 I o Pl�l l \�d l . r 9 0ol 00 / l ° _ o° °o 0 0 0 �O )J\\ 1) ro9) p4n or o ry°oar L o `moo °° o l�o�o�\ o o \)`� 1(� I oZ �o ./oJ o \IC o.o 00 �0� �� 0a°/� oI //1I jl �� ✓0 0 0 ---o 00 0 <�k 0; i� 70 PO I o °0o o oo�0\o 100 oO00 Od V ..� �� '% \-/ ...� \\\� J J� \\ f r I o /� of Io od 0 d Speech: 5.20.2025 Good evening Council, Deputy MaYAr Hattenbur , City leadership, and community, My name is Ben Lund, a 36-year resident of Spokane Valley. Title: Why Does Councilmember � Think He's Above the Law? Please take time to read the Spokesman -Review article published May 18, 2025: "New Washington law keeps identifying information of whistleblowers private following investigation into Spokane Valley councilman." I want to address a dangerous narrative that continues to circulate — that Councilmember Merkel is being politically targeted, silenced, or ganged up on. The truth is much simpler: this is about the law. Specifically, the Public Records Act, passed by Washington voters in 1972 with over 72% approval. That law guarantees every citizen access to communications made by elected officials — even if they're not on platforms like Nextdoor. That's transparency. That's accountability. Why This Matters: On May 13, 2025, I posted on Nextdoor. Councilmember Pdcrliel responded eight times. Then, on another resident's post — he responded four more times. That's twelve public comments discussing City business — on a platform the City cannot archive. Now let me ask: If you or I filed a Public Records Request for those comments, could the City fulfill it? No. Because we're not politicians. That's twelve violations of the Public Records Act — and under the Governance Manual adopted just last week, that's $6,000 in fines. This isn't a one-time mistake — it's a pattern. Councilmember ?has done this on at least 15 other resident posts. It's a deliberate way of avoiding detection — deleting, editing, and dodging public records requests. This isn't just a violation of the Public Records Act. It's also a violation of RCW 9A.80.010: Official Misconduct. At the May 13 Council meeting, CM446fWl asked City Attorney Mr. Konkright directly whether posting on someone else's Nextdoor thread while discussing City business is a violation. Mr. Konkright answered clearly: Yes — it is a violation. CM M l knew it was wrong. And he did it anyway. So I ask: ' / What makes Councilmember NUrW so special that he doesn't have to follow the law — the same law every elected official in Washington State must follow? This isn't silencing. This isn't politics. This is about restoring trust in government. "The law applies equally to everyone — or it applies to no one at all." — Ben Lund, May 20, 2025 Thank you. THE LAW�PP IES EQUALi�LYO OR IT APPLIES TO N0f0NE ATOLL. BEN LUND MAY 20, 2025