DEVELOPMENT ADVISORY BOARD MINUTES

February 17, 2005

Members Present
Ben Barcon
Rus Brock
Carlo Gegan
Herb Hacker
Pete Hemingway
Jake Jacobsen
Barbara Koffron
Scott Mardian
Herman Orcutt
Danny Ortega
Kenneth Roth
Greg Russell
Paul Scott
Steve Speer
Patricia Thornham
Darrell Wilson

Members Absent
Gary Corcoran
John Hart
Michael McHale

Staff
Karen Beckley, DSD
Carole Borrego,DSD
Derek Horn, City of Phoenix, DSD
Deborah Larkins, City Managers
Larry Litchfield, DSD
David McCarthy, DSD
Shawn Ortiz, City Council
Joanne Owens, DSD
Janet Reed, DSD
Anne Sobczak, City of Phoenix, DSD
Cindy Stotler, DSD
John Watson, City of Phoenix, Fire
Tom Wandrie, DSD

Ex-Officio's Present
Jim Baughman, City of Phoenix, Planning
Chaun Hill, City of Phoenix, Streets
Aaron LaRoque, City of Phoenix, Water Services
Mike Hamblin, City of Phoenix, Law
Patrick Ravenstein, City of Phoenix, NSD

Ex-Officio's Absent
None

Others in Attendance
Rick Doell
Courtney LeVinus

CALL TO ORDER
Herman Orcutt, DAB Chairperson, convened the meeting at 3:07 p.m.

Approval of December 16, 2004 Minutes:
Motion was made by Paul Scott seconded by Barbara Koffron to approve the meeting minutes of December 16, 2004. Motion carried unanimously.

Approval of January 20, 2005 Minutes:
Motion was made by Barbara Koffron, seconded by Carlo Gegen to approve the meeting minutes of January 20, 2005. Motion caried unanimously.

Call to the Public (No Board Discussion):
Nancy Pinksaw addressed the Board regarding a pool barrier variance. She stated that she is building a pool in their backyard and they have no children and would like to request a variance. Bob Goodhue, Deputy Director, assisted her by explaining that she needed to process a modification request through the Building Official and based on the Building Official’s decision, this could be appealed to the Development Advisory Board at a later date.

Subcommittee Reports:
Process & Procedures

Ben Barcon stated the subcommittee met on February 11, 2005. Currently they are reviewing the tracking of traffic signal striping, street lighting and design standards, and traffic signals.

Fiscal & Performance
Scott Mardian stated that the subcommittee met. They discussed the revised budget for the Development Services Department stated that it is over 51 million. They also discussed space issues for the Department and he mentioned that the lease will be renewed at the Mercado. This will relieve some of the space constraints for the Department in City Hall.

Residential Fire Sprinklers
Ken Roth stated that a meeting was held last week and that he will cover this information in Agenda Item No. 13.

Technical
Pete Hemingway stated that they met and followed up on numerous items from the public meeting that was held in January 2005. He will report on their meetings in the future agenda items listed below.

Update, Discussion, and Possible Action on the Development Services Department
Staff Report:
Derek Horn gave a brief power point presentation indicating:

 

 

Update, Discussion, and Possible Action on the Development Services Department
Financial Report:
Cindy Stotler stated that the City of Phoenix is going through another budget crunch stating that the City was 65 million short for 2005 fiscal year. The City will be experiencing job cuts, but Development Services will not be experiencing any cuts due to the fact that the department has it’s own fund and is cost recovery.

Ms. Stotler mentioned that she has been informed that the Home Builders Association is challenging a local jurisdictional the right to set development and impact fees. They are requesting that the legislature take over the fee setting responsibilities to include a cap on fund balances, fees, and impact fees. Development Services is asking for support from the Development Advisory Board to maintain the departments right to set the fees to be 100% cost recovery to maintain a fund balance and to charge impact fees. Ms. Stotler stated that the fund balance is available to subsidize the department in times of an economic downturn. The fund balance has allowed Development Services to keep the same staffing level during an economic downturn so that the department can continue to do the work and maintain staff and services until the economy recovers.

Ms. Stotler continued to say that the City would like Development Services to do a request for proposal to hire an outside consultant to study the departments fund balance and have them let the department know what the optional fund balance to continue operation. Also, they would inform us how much of a fund balance is necessary to maintain for a debt service in the event that the department would go into partnership or even create a new building. Ms. Stotler stated that the consultant would also look at the Development Services fee schedule and give the department information on how the fee schedule can be simplified on the rate side. This would enable the customers and staff to easily understand fees so the department can easily adjust fees to maintain an appropriate cost recovery up or down.

Scott Mardian stated that having the ability to set fees for Development Services is critical to the department. He stated that the Board does not want this legislation passed and having a consultant reviewing the fee schedule will help that. Rus Brock, stated that he knew nothing about this particular legislation.

Motion was made by Herb Hacker, seconded by Danny Ortega, that the Development Advisory Board concurs with City Council to oppose any legislative action to propose caps on development issues for the fund balance. Motion carried unanimously

Ms. Stotler stated that the County has come forward and proposed a joint building. They are requesting that Development Services participate in the construction of a building for joint use with the County and Development Services in the downtown area. Details will be forthcoming.

Update, Discussion, and Possible Action recommending that the following construction codes be moved to Step 5 of the Five Step Code Adoption Process: (A) 2003 International Code Council Performance Code (including Appendices and proposed changes submitted by staff and the public and associated provisions in Section 102 of the City of Phoenix Building Construction Code, Administrative Provisions)

    1. 2003 International Code Council Performance Code (including Appendices and proposed changes submitted by staff and the public and associated provisions in Section 102 of the City of Phoenix Building Construction Code, Administrative Provisions)
MOTION was made by Herb Hacker, seconded by Greg Russell, to approve the 2003 International Code Council Performance Code including appendices and proposed changes submitted by staff and the public and associated provisions in Section 102 of the City of Phoenix Building Construction Code, Administrative Provisions to Step 5 of the Five Step Code Adoption Process. MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    B.
      2003 International Existing Building Code (including Appendices and proposed changes submitted by staff and the public and associated provisions in Section 102 of the City of Phoenix Building Construction Code, Administrative Provisions)

MOTION was made by Herb Hacker, seconded by Greg Rusell, to approve 2003 International Existing Building Code, including Appendices and proposed changes submitted by staff and the public and associated provisions in Section 102 of the City of Phoenix Building Construction Code, Administrative Provisions, to Step 5 of the Five Step Code Adoption Process. MOTION CARRIED UNAIMOUSLY (with an abstention from Rus Brock)

Update, Discussion, and Possible action regarding the adoption of the 2004 ASHRAE 90.1 energy standard as part of the 2003 International Energy Conservation Code as amended in the 2004 ICC Supplement:

MOTION was made by Herb Hacker, seconded by Greg Rusell, to approve the 2004 ASHRAE 90.1 energy standard as part of the 2003 International Energy Conservation Code as amended in the 2004 ICC Supplement, to Step 5 of the Five Step Code Adoption Process. MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

Update, Discussion, and Possible Action regarding revisions to the following sections of the 2003 International
Mechanical Code:

  • Section 202, Definitions
  • Section 502.3, Battery Charging Areas

    MOTION was made by Herb Hacker , seconded by Greg Rusell , to approve Section 202, Definitions, and Section 502.3, Battery Charging Areas of the 2003 International Mechanical Code to Step 5 of the Five Step Code Adoption Process.
    MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    Update, Discussion, and Possible Action regarding revisions to Section 703, Exterior Covering, and pertaining to adhered veneer, in the 2003 International Residential Code:

    MOTION was made by Greg Russell , seconded by Herb Hacker , to approve Section 703, exterior Covering, and pertaining to adhered veneer, in the 2003 International Residential Code, to Step 5 of the Five Step Code Adoption Process.
    MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    10

    Update, Discussion, and Possible action regarding revisions to the following sections of the 2003 International Building Code:

    • Section 403.2 and 903.2, Automatic Sprinkler Systems
    • Section 1007, Accessible Means of Egress
    • Section 1616.3 Seismic Design Category
    • Chapter 17, Structural Tests and Special Inspections
    • Chapter 27, Electrical (Special Inspections)
    • Section 2406, Safety Glazing

    Pete Hemingway stated that Section 1616.3, Seismic Design Category, and Chapter 27, Electrical (Special Inspections) was brought up during “Call to the Public” at the last DAB Technical Subcommittee meeting. He mentioned that the Board was not able to take action on this, as this was not on the agenda. Mr. Hemingway stated that City staff does have a recommendation in regards to that section and Mr. Horn will address these issues.

    Section 403.2 and 903.2, Automatic Sprinkler Systems:
    MOTION
    was made by Paul Scott, seconded by Danny Ortega, to approve Section 402.3, Automatic Sprinkler Systems, of the 2003 International Building Code, to Step 5 of the Five Step Code Adoption Process.
    MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    Section 1007, Accessible Means of Egress
    MOTION
    was made by Greg Russell, seconded by Paul Scott, to approve Section 1007, Accessible Means of Egress, of the 2003 International Building Code, to Step 5 of the Five Step Code Adoption Process.
    MOTION CARRIED with one opposition (Rus Brock abstained from voting)

    Section 1616.3 Seismic Design Category
    Mr. Horn stated that his issue was raised during the public comment portion of the last DAB Technical Subcommittee Meeting. During the meeting concerns were raised regarding the implication with the seismic design category pre-designation stating that it could impact other sections of the code. The staff is prepared to offer an amendment to the code to clarify the intentions.

    Mr. Hemingway stated that the Technical Subcommittee feels confident to move this item forward.

    MOTION was made by Pete Hemingway, seconded by Danny Ortega, to approve Section 1616.3 Seismic Design Category, of the 2003 International Building Code, to Step 5 of the Five Step Code Adoption Process.
    MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    Chapter 17, Structural Tests and Special Inspections
    MOTION
    was made by Herb Hacker, seconded by Ken Roth, to approve, Chapter 17, Structural Tests and Special Inspections of the 2003 International Building Code, to Step 5 of the Five Step Code Adoption Process.
    MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    Chapter 27, Electrical (Special Inspections)
    Mr. Horn stated that his issue was raised during the public comment portion of the last Development Advisory Board Meeting. During the meeting concerns were raised that there were no revisions included for Electrical Special Inspections in this section or in Chapter 17. These revisions were overlooked during the code review process, and the DAB Technical Subcommittee recommends approval of these items.

    MOTION was made by Greg Russell, seconded by Ken Roth, to approve Chapter 27, Electrical (Special Inspections) of the 2003 International Building Code, to Step 5 of the Five Step Code Adoption Process. MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    Section 2406, Safety Glazing
    MOTION was made by Herb Hacker, seconded by Barbara Koffron, to approve, Section 2406, Safety Glazing, of the 2003 International Building Code, to Step 5 of the Five Step Code Adoption Process.
    MOTION CARRIED UNAIMOUSLY (Rus Brock abstained from voting)

    Update, Discussion, and Possible Action recommending revisions of the sprinkler ordinance requirements for single family homes to the Fire Safety Advisory Board:
    Mr. Ken Roth read a brief summary of the DAB Fire Sprinkler past meetings, explaining the various topics discussed. The subcommittee’s main purpose was to adopt a Fire Sprinkler Ordinance to present it to the Development advisory Board.

    The main factors in the decision to have the City of Phoenix adopt the ordinance are:
     Residential Fire Sprinklers have been shown to save lives, save property, save water, save on home insurance costs, and save on the use of fire equipment and personnel resources

    With this in mind, it is the subcommittee’s recommendation that the Development Advisory Board make a recommendation to the Fire Safety Advisory Board to recommend that residential fire sprinklers be required in all new homes.

    MOTION was made by Carlo Gegen, seconded by Ken Roth, to adopt a residential fire sprinkler ordinance for all new residential construction to be included in the current sprinkler ordinance.

    Mr. Brock stated that the Home Building Industry is opposed to mandatory fire sprinklers in single family homes. He mentioned that he attended the subcommittee meetings and appreciated the subcommittee members listening to his input. He read a memo from the Phoenix Fire Chief to the Board stressing a sentence in the memo, which read, “It is not the intent of the Fire Department to adversely effect development. We have encouraged the subcommittee to look for creative solutions that allow the developer to offer protected property at the same cost the buyer enjoys today. Incentives might include increased density and larger cul-de-sacs for reduced fire flow.” Mr. Brock stated that the Fire Chief doesn’t want to impact the cost of development and trade off should be developed. The Planning Director has stated that he will not work with density trade off. Mr. Brock stressed that the Subcommittee cannot dismiss the fact that two key management staff in the City of Phoenix is saying, in his opinion, that they won’t be supporting a mandatory fire sprinkler ordinance. Mr. Brock stressed that the Subcommittee needs to explore design freedoms before moving this on. Mr. Brock is opposed to moving this issue on to the Fire Safety Advisory Board.

    Jake Jacobson suggested that the mandatory requirement for sprinkler installation on homes starting at 3,000 sq. ft. or 2,800 sq. ft., with the provision that all construction below that be optional. Mr. Roth stated that it’s between sixty-cents to eighty-cents per square foot to install sprinklers and stressed that this is a small amount of money to install.

    Mr. Litchfield stated that there are a lot of fire sprinkler technical issues that the Fire Safety Advisory Board, using their staff, needs to resolve. Those being, what is the design criteria, what kind of system will be installed, etc. Also, pipe and meter sizing needs to be determined. The staff of the Fire Department and the Inspectors of the Fire Department needs to figure out what the technical provisions are going to be. Once that is determined, the Water Department needs to be involved with the metering size and fire hydrant location, which involves the Planning Department. He stated that there are many steps to take before finalizing.

    Conversation continued between Board members of the pros and cons of Residential Fire Sprinklers installed in all new homes.

    After discussion, Carlo amended the motion to read:
    MOTION was made by Carlo Gegen, seconded by Ken Roth, that the Development Advisory Board make a recommendation to the Fire Safety Advisory Board to adopt a residential fire sprinkler ordinance for all new residential construction. Also, that a joint subcommittee be formed between the Fire Safety Advisory Board and Development Advisory Board to review technical modifications and savings with design standards and freedoms. Upon review completion that a joint public hearing be held with both Boards for a final recommendation.

    Ben Barcon

    Ben Barcon

    No

    Rus Brock

    No

    Gary Corcoran

    Absent

    Carlo Gegen

    Yes

    Herb Hacker

    Yes

    John Hart

    Absent

    Peter Hemingway

    Yes

    Jake Jacobsen

    Yes

    Barbara Koffron

    Yes

    Scott Mardian

    Yes

    Michael McHale

    Absent

    Herman Orcutt

    Yes

    Danny Ortega

    No

    Kenneth Roth

    Yes

    Greg Russell

    Yes

    Paul Scott

    No

    Steve Speer

    Yes

    Patricia Thornham

    No

    Darrell Wilson

    No

    Motion passed:
    10 Yes
    6 No

    Adjournment

    MOTION was made by Pete Hemingway, seconded by Danny Ortega, to adjourn the February 17, 2005 meeting.

    Meeting ended at 4:45 p.m.

    Derek Horn, P.E. CBO
    DSD Deputy Director

    Minutes Prepared by:
    Carole Borrego, Secretary III

    Last Modified on 03/17/2005 17:02:14