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2011, 10-04 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, October 4, 2011 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 1. Mike Jackson, Briahna Taylor, Review of Legislative Agenda 2. Cary Driskell, Ken Harper 3. Steve Worley 4. John Hohman 5. Mark Calhoun Shoreline Matters Sullivan Bridge Tiger Grant Application Proposed Municipal Code Amendments Lodging Tax Funding Award Process Discussion /Information Discussion /Information Discussion /Information Discussion /Information Discussion /Information 6. Mayor Towey Advance Agenda Discussion /Information 7. Information Only (will not be discussed or reported): Spokane Valley Proposition 1, Ballot Language 8. Mayor Towey Council Check in Discussion /Information 9. Mike Jackson City Manager Comments Discussion /Information 10. EXECUTIVE SESSION: Pending/Potential Litigation [RCW 42.30.110(1)(i)] 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 Agenda, October 4, 2011 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2011 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Review of 2012 Legislative Agenda GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Annually, Council considers various legislative topics to determine how best to protect and promote the interests of the City. The Council adopted the 2011 -2013 Legislative Agenda at their October 26, 2010 Council meeting, which was amended by Council Consensus at the November 16, 2010 meeting and again at the December 28, 2010 meeting. It is time once again for Council to consider which matters the City Council wishes to promote on behalf of the City. The legislative cycle is two years; the first session is 105 days and the second session is 60 days. As the "short" session of the Washington Legislature approaches, rather than build an entirely new legislative agenda, Council may wish to amend the existing 2011 -2013 Legislative Agenda. BACKGROUND: Many government agencies strive to adopt a Preliminary Legislative Agenda in October in order to gain attention for potential inclusion in the Governor's Budget in advance of the upcoming session of the Washington State Legislature. The items accomplished during the last legislative session are shown as removed from the attached adopted 2011 -2013 Legislative Agenda (funding for Spokane Valley Food Bank and the Port of Entry legislation). On September 29, 2011, the City learned that sources within the Governor's Office have indicated that the Governor's proposed budget cuts will include eliminating streamlined sales tax mitigation payments to local jurisdictions. OPTIONS: Consider the issues to amend the 2011 -1013 Legislative Agenda, and proceed as written or revised; or direct staff further. RECOMMENDED ACTION OR MOTION: Consensus to place this item on an upcoming council agenda for adoption consideration as drafted, or with specific revisions. BUDGET /FINANCIAL IMPACTS: STAFF /COUNCIL CONTACT: Mike Jackson and Mayor Towey ATTACHMENTS: 1) Legislative Agenda Packet Legislative Agenda Discussion; Revised 2011 -2013 Legislative Agenda; Potential Legislative Agenda Item; AWC Legislative Agenda Development; Subcommittee Information Legislative Agenda Discussion 1) Process to Amend the Legislative Agenda a. The Legislature operates on a 2 -year biennial cycle (first session of the biennium is 105 days, second session is 60 days). To mirror this, the City adopts a 2 -year legislative agenda. We are in the second year of the biennium. Rather than building an entirely new legislative agenda, we are looking at amending our existing agenda. b. Final agenda for the 2012 Legislative Session: Aim for October 2) What to expect in the 2012 Legislative Agenda Process? a. $1.4 Billion Budget Deficit — More cuts. b. Special Session in November c. Short Session (60 -days) d. Potential Revenue Proposals for Capital Budget and Transportation Budget. 3) Discussion on Legislative Agenda Items (See attached current legislative agenda) a. Recommend removing items accomplished last Legislative Session (funding for Spokane Valley Food Bank, the Port of Entry legislation). b. Update on Law Enforcement District Legislation. c. Update on SEPA Reform d. Update on Communications Interoperability 4) Discussion on Issues to Add to the Legislative Agenda a. Pursue Legislation to allow the City to recoup costs of code enforcement (see separate document). b. Streamlined Sales Tax Mitigation Payments c. State - shared Revenues d. AWC Issues e. Other thoughts? S pokane Valley 2011 -13 Legislative Agenda The following is the City of Spokane Valley's 2011 -2013 legislative agenda, adopted by Council at their October 26, 2010 Council meeting, amended by Council Consensus at their November 16, 2010 meeting and again at the December 28, 2010 meeting: Principle Items of Interest: Budget Requests: 1. Pr OF4V-##j: Nffp por4 F- Undinb 2. Priority #2: Seek Funding to Acquire Park Land Adjacent to Park Road Pool and Centennial Middle School. The City of Spokane Valley has a population of 89,440 people, but only 172 acres of public parks — drastically below the 6.25 -10.5 acres /1,000 population (559 -938 acres) specified in the City Parks Master Plan. In the past, Spokane Valley has successfully partnered with the State Legislature to acquire and develop Greenacres Park, adjacent to Central Valley School District's future elementary school. A similar opportunity presents itself with Park Road Pool. The City requests $300,000 in funding to acquire land adjacent to Park Road Pool for a park near Centennial Middle School. Policy Requests: 1. OW of S t,.t„ T- F-r-vS to o to th n,,,.t o f E,.My tfli&S Weighi+lg 41 at a f)04 E4 efltf:y. Additionally, the G4y watild like to r-esear-eh aptions for- 1 - I'MI's - W.H. 5 - 2. Pursue Law Enforcement District Enabling Legislation. Law enforcement needs and resources vary in jurisdictions across the state like those for fire prevention and suppression. More tools are needed to best consolidate, deploy and pay for law enforcement services. Use of fire districts has proven to be a viable system for the provision of essential public services and many jurisdictions may derive benefit from providing law enforcement services under a similar system. The City requests that the Legislature consider a proposal and begin discussing the concept of a law enforcement district. 3. Secure State Funding for Statewide Communications Interoperability Infrastructure. Locally, citizens have approved a sales tax increase of Ille of 1% for communication equipment; however, this revenue is insufficient to fund all five items within that initiative. Interoperability is a statewide concern and according to the Association of Washington Cities. Statewide, there is a $400 million problem to be resolved. The City recognizes that resolving this problem is a multi -year effort and is supportive of any proposal that works towards resolution and additional funding. 4. State Environmental Policy Act —Amend Certain Requirements Imposed by State Law. The City supports amending SEPA requirements to make the process less duplicative. SEPA thresholds to consider: (1) Convert some discretionary SEPA exemptions to categorically exempt; (2) Raise the level of SEPA exemptions across the board; (3) Make most actions within UGAs categorically exempt with discretion given to cities; (4) Eliminate excessive costs associated with providing notice for every Determination of Non - significance and Mitigated Determination of Non - Significance application. 5. Support the Association of Washington Cities' legislative agenda items that serve the best interests of the City of Spokane Valley. Potential Legislative Agenda Item: Additional Lien Authority to Recoup Code Enforcement Costs The City could seek legislation to provide it with additional tools to recoup costs for enforcing code compliance. Current Process: The violator is issued a warning that they are not in compliance with the code. If they fail to comply after the warning, then a Notice and Order is issued, requiring them to do so and setting a $500 civil monetary penalty. If they still do not comply, the City files an action in Superior Court. The Superior Court issues an order for the individual to clean up the property within 20 days, or the City cleans up the property. If the City cleans up the property, then the City can seek costs and fees related to the entire action in a judgment summary or judgment lien. However, this lien is not recovered until the property is transferred, unless the City forecloses on the lien. With the federal homestead laws, a property owner's first $125,000 in value of their home in which they live is exempt from this lien, preventing the City from recovering its costs. Legislative Change to This Process: The City would pursue legislation making it easier for the City to recover the costs of code enforcement. It could pursue a lien authority that is not subject to the homestead right, or otherwise makes it easier for the City to collect reimbursement for code compliance activities. Association of Washington Cities — Legislative Agenda Development The Association of Washington Cities has begun developing its 2012 legislative agenda. Below is a summary of each subcommittee's issues, and the issues that are preliminarily identified as the top legislative agenda items. It is expected that these top items will be consolidated into issue areas. Preliminary Top Priorities: Tax Increment Financing /Local Revitalization Financing City Transportation Funding Pursue options for creating sustainable personnel related costs Stormwater Funding Ensure continued appropriation of committed state shared funds Pursue proactive public records proposals Preserve existing local revenue authorities SEPA Reform Additional tools for combating gang activity Medical Marijuana Stormwater permit requirements Preserve existing traffic safety camera/photo enforcement authority Subcommittee on Land Use & Environmental Stewardship Major Priorities: - Seek funding for phase I and II cities to meet stormwater permits. - Express concerns /comments on the draft permit requirements that will be released during the 2012 session. - SEPA reform. New Issue: - Limited UGA expansion — AWC is seeking input on annexation/UGA expansion issues. There was a great deal of interest expressed from a number of jurisdictions to pursue some form of legislation. Subcommittee on Health Care Significant Issues: - Preserve local governments' authority to purchase health care insurance. - Pursue legislation clarifying responsibility for medical costs for felony arrestees. Subcommittee on Fiscal Health & Flexibility Major Priorities: - Pursue options for creating sustainable personnel related costs, including changes to binding interest arbitration and pension funding. - Retain state - shared revenues and local revenue authority for cities. - Provide fiscal flexibility and local discretion. Subcommittee on General Government Major Priorities: - Public Records Act reform proposals — The subcommittee is brainstorming proposals. New Issues: - Newspaper notifications — Pursue legislation making it easier for cities to fulfill notice requirements. - Pursue legislation to reduce rising state audit costs. - Outdoor public nuisance — Spokane will bring issue forward. - Cost of registering voters — Sedro- Woolley will bring issue forward. Subcommittee on Safe & Healthy Communities Major Priorities: - Pursue legislation to address criminal street gangs. - Attempt to gain clarity on current medical marijuana laws. - Defend against legislation requiring municipal court judges to be elected. Subcommittee on Economic Development & Infrastructure Major Priorities: - Pursue legislation to make photo enforcement programs more transparent and accountable. Seek tax increment financing and street utility authorities. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Discussion on shoreline issues. GOVERNING LEGISLATION: RCW 90.58 PREVIOUS COUNCIL ACTION TAKEN: Numerous discussions regarding local implementation of the Shoreline Management Act under RCW 90.58. BACKGROUND: The Council has expressed interest in having an attorney with specific expertise in shoreline issues, including local jurisdiction discretion in establishing shoreline regulations, come to discuss these things with the Council. Staff has arranged for attorney Ken Harper, of Menke, Jackson, Beyer, Ehlis & Harper, a litigation firm from Yakima for a discussion with Council. Mr. Harper represents the City in several litigation related matters, and has extensive background in advising and defending local jurisdictions on shoreline issues. Mr. Harper will provide a general background on the Shoreline Management Act, have some discussion on some specific issues, and answer questions from the Council. OPTIONS: NA RECOMMENDED ACTION OR MOTION: NA BUDGET /FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney; Ken Harper, private counsel ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2011 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: 2011 TIGER Discretionary Grants - Sullivan Rd West Bridge Replacement Project GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: June 28, 2011, Resolution #11 -005 adopting the 2012 -2017 Six Year Transportation Improvement Program (TIP); September 20, 2011 Info RCA BACKGROUND: On August 12, 2011, the U.S. Department of Transportation ( USDOT) published a Notice of Funding Availability for TIGER Discretionary Grants (TIGER III). The TIGER III program is similar to the ARRA federal stimulus funds that were dispersed over the past couple years and focuses on transportation projects that improve the long term economic competitiveness of the Nation and region. The application process opened on September 9 t ", 2011 with pre - applications due Monday, October 3rd, 2011 to USDOT. The pre - application serves as a threshold determination to verify basic project eligibility. If the project passes the pre - application review, final applications are due Monday October 31s 2011. This is a very short turnaround time. Approximately $527 Million is available on a nationwide competitive basis. The minimum project award for urban governments is $10 million with a minimum 20% non - federal match. Staff has evaluated the grant criteria and funding restrictions and has determined the Sullivan Road West Bridge Project may be a competitive candidate for this grant. The project appears to fit well with many of the goals of the application criteria. However, the largest obstacle is the schedule. Prospective projects must be ready to obligate construction funds by June 30, 2013. The current schedule for the bridge project does not anticipate being construction ready until the beginning of 2014. The schedule is driven in large part by the extensive environmental review and permitting process. A very aggressive effort would be needed to get through this process quickly. Staff plans to submit the pre - application for this project by October 3. If a decision is made to proceed with the final application and the pre - application passes the initial USDOT review, a consultant would be needed to assist in preparing the final application in order to meet the October 31S deadline. OPTIONS: Assuming the pre - application for this project is approved; options include 1) moving ahead with the final TIGER grant application by October 31, 2011, 2) not moving ahead with the final TIGER grant application, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Consensus to move ahead with the final TIGER grant application for the Sullivan Road Bridge Replacement Project provided the pre - application is approved. BUDGET /FINANCIAL IMPACTS: The city would be required to provide a non - federal match of 20 %. The $2M in state grant funds received from FMSIB would count towards this local match. The remaining $1.94 million would need to come from the City and /or another non - federal source. If the proposed TIGER grant application is developed, staff will coordinate with the Finance Department to identify funds to provide the needed match for the proposed project. Current Funding Scenario TIGER III Funding Scenario Federal Funds: Federal Funds: $8M (Secured) Federal BR Funds 40% $ 1 OM (Unsecured) Federal TIGER III 80% $6M (Secured) Federal BR Funds Non - Federal Funds: Non - Federal Match: $2M (Secured) State FMSIB Funds 10% $2M (Secured) State FMSIB Funds 10% Balance of funds needed Balance of funds needed $ 1 OM (Unsecured) (TIB, State Legislature, 50% $2M (Unsecured) (TIB, State Legislature, 10% Private, City, Federal) Private, City, Federal) Also, an estimated cost of $10,000- 20,000 will also be needed to hire a consultant to prepare the final grant application. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Neil Kersten, AIA — Public Works Director ATTACHMENTS: Summary memos of information and criteria required for Pre - application and Final Application process. ,� "'U-1� Public Works Department g alley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatt@spokanevalley.org Memorandum Date: September 7th, 2011 To: Steve Worley, Capital Projects CC: From: Bryan Hicks, Century West Engineering Re: TIGER Pre - Application Summary The following information is required for the TIGER Pre - Application Form: • Name of Applicant • DUNS 9 • Type of Applicant (City, State County etc.) • State • County • City • Geographic Location • Project Title • Project Type • Whether or not project is requesting TIGER TIFIA Payment (Credit assistance to borrow funds for project. This would not apply to the Sullivan West Bridge Project) • Project Description (50 words or less) • Total Project Cost • Contact Information • Congressional District • Urban or Rural Location? • Economically Distressed Area? • Assurance that NEPA and or environmental review process is complete, substantially complete, or in progress. (Some narrow exceptions, read NOFA pages 50295 - 50296) • Schedule for completing ROW acquisition, final design, approval of plans, specifications and estimates. • Anticipated Date that project will be ready for Funding Obligation (Should be no later than June 30, 2013 to ensure obligation before DOT's obligation authority expires on Sept. 30, 2013 • Assurance of 20% minimum local match (Defined as non - federal funding) 1 of 2 Potential Issues /Pitfalls /Observations • NEPA Readiness — Project has not started environmental review project. Must be able to demonstrate that process can be completed in time and no major pitfalls are expected. • Ability to be ready y June 30, 2013 for Funding Obligation Current Schedule from FMSIB application did not anticipate CN Funding Obligation until late 2013. $10 Million minimum grant award for urban areas. Current budget is $19.76M with $ l OM secured leaves balance of $9.76M. May need to reduce funds from other sources (Most likely BR grant). Federal BR funding would likely not be counted as local match? Only non - federal funds count towards 20% local match. $2M from FMSIB should meet this requirements Based upon reviewing funded applications from previous cycles, I suggest we not wait until October to start assembling background data required for final application. Successful applications were very well polished with extensive information to support proj ect. I downloaded the successful applications from the NSC, King County South Park Bridge, and SR520 Floating Bridge from the previous TIGER Grant Calls for Projects. These provide a guide to the type and extent of information required for a successful application. The South Park Bridge application I think is particularly helpful in the format and relevant information provided. 2 of 2 ,� "'U-1� Public Works Department g alley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhatt@spokanevalley.org Memorandum Date: September 8th, 2011 To: Steve Worley, Capital Projects CC: From: Bryan Hicks, Century West Engineering Re: TIGER Application Criteria Summary The following is an outline of the TIGER Grant Application Criteria. The criteria are extensive and cover a broad spectrum of analysis and data collection to determine the full benefits of the proj ect. Primary Selection Criteria: • Long Term Outcomes —DOT will give priority to projects that have significant long term benefits to the Nation, region, or metropolitan area_ o State of Good Repair — Does it improve the condition of the existing transportation facilities and systems with particular emphasis on projects that minimize life cycle costs? • Is the project part of, or consistent with relevant State, local or regional efforts and plans to maintain transportation facilities or systems? • Does the project rehabilitate, reconstruct, or upgrade transportation facilities that if left unimproved, threaten future transportation network efficiency, mobility of goods & people or economic growth due to their poor condition? • Is the project appropriately capitalized and uses asset management approaches that optimize its long term cost structure? • Are sustainable long term revenue sources in place to fund long term operations and maintenance? o Economic Competitiveness — Does it contribute to the economic competitiveness of the nation over the medium to long term? ■ Applicants should provide evidence of how improvements in transportation outcomes (such as time savings and operating cost savings) translate into long term economic productivity and efficiency. Priority consideration given to projects that: • a) improve long term efficiency, reliability or cost - competitiveness in movement of goods or workers • b) make improvements that increase the economic productivity of land, capital, or labor at specific locations 1 of 4 ■ Long Term benefits from completed project are considered different from short term construction benefits that are discussed the Job Creation and Near Term Economic Activity section o Livability — Does it foster livable communities by promoting increased transportation choices and access to transportation services? • Does it have a positive impact on qualitative measures of community life? • Provide a description of the affected community and the scale of the project's impacts as measured in person -miles traveled or number of trips affected. • DOT will qualitatively assess the following: • Will project significantly enhance or reduce the average cost of user mobility through the creation of more convenient transportation options for travelers? • Will project improve existing transportation choices be enhancing modal connectivity, increasing the number of modes accommodated on existing assets or reducing congestion on existing modal assets? • Will project improve accessibility and transport services for economically disadvantage populations, non - drivers, seniors, and persons with disabilities, or make goods, commodities and services more readily available to these groups? and /or • Is project the result of a planning process which coordinated transportation and land -use decisions and encouraged community participation in the process? o Environmental Sustainability — ■ Does it improve energy efficiency, reducing dependence upon oil, reducing greenhouse gas emissions and benefitting the environment? • Provide quantitative information regarding expected reductions in emissions of CO2 or fuel consumption. Priority given to projects that demonstrate a projected decrease in the movement of people or goods by less energy efficient vehicles or systems. • Does Project maintain, protector enhance the environment as evidenced by its avoidance of environmental impacts and/or its environmental benefits? • Safety — Does it improve the safety of transportation facilities and system or address known safety hazards or likely to reduce accidents? ■ Will it reduce the number, rate, or consequences of accidents among drivers and non - drivers? • Evaluation of Expected Project Costs and Benefits — ■ Provide Benefit -Cost Analysis including the monetization and discounting of costs and benefits in a common unit of measurement in present day dollars. 2 of 4 Job Creation and Near Term Economic Activity — Does the Project quickly create and preserve jobs and promote rapid increases in economic activity, particularly jobs that benefit economically distressed areas_ • What are the number and types of j obs to be created? • Using methods acceptable to ARRA job creation tracking: • Assess whether the project will promote the creation of job opportunities for low income workers • Will project provide maximum practical opportunities for small businesses and DBEs • Will project make effective use of community based organizations in connecting disadvantaged workers with economic opportunities • Will project support entities that have a sound track record on labor practices and compliance with federal workplace laws. • Will project implement best practices for civil rights and equal opportunities for all individuals? • Are the populations most likely to benefit from the creation or preservation of new or expanded business opportunities from Economically Distressed Areas? • Project Schedule —Provide detailed project schedule demonstrating ability of project to start up quickly upon award of funding. ■ Show distribution of jobs created or sustained throughout project duration. • Environmental Approvals ■ Provide assurance that NEPA and /or environmental review process is complete, substantially complete, or in progress. If review is in- progress or not started, must provide information on project's current status, latest date expected to receive NEPA approval, and reasonable justification for why NEPA process has not yet been initiated and assurance that it can be completed in time. • Provide environmental studies or other documents that describe in detail known potential impacts and possible mitigation of those impacts • Provide description of completed, or planned and anticipated coordination with federal and state regulatory agencies for permits and approvals. • Provide estimate of time required for completion of NEPA and all other required federal, state and local environmental approvals • Provide identification of proposed NEPA class of action (i.e. CE, DCE, EA, EIS) • Legislative Approvals — Provide receipt of all necessary legislative approvals and evidence of support from state and local elected officials. Evidence should demonstrate broad support for project. • State and Local Planning — Is project listed in relevant state and local planning documents? • Technical Feasibility — Have previous engineering and design studies and activities demonstrated technical feasibility? ■ How was design criteria & cost estimate developed? 3 of 4 • What contingency levels are built into design, schedule, scope and are they appropriate for project size? • On -going expenses? • Describe technical capacity of project sponsor to administer and manage project, and track record of past projects. o Financial Feasibility What is the viability and completeness of the projects financing package? Secondary Selection Criteria: • Innovation — Does it use innovative strategies to pursue the long term outcomes outlined in the Primary Selection Criteria? o Examples include approaches to transportation funding, finance, contracting, project delivery, congestion management, safety management, asset management, or long term O &M. • Partnership —Does the project demonstrate strong collaboration among abroad range of participants and /or integration of transportation with other public service efforts? o Jurisdictional & Stakeholder Collaboration — What is involvement of non - federal entities and use of non - federal funds? • Priority given to financial collaboration and involvement from state and local governments, other public entities, or private and non - profit entities. • Does project make effective use of community organizations to connect to disadvantaged people? • Project should demonstrate extent to which project cannot be readily and efficiently completed without federal assistance. • Provide Support letters of collaboration, support, commitments, partnerships, etc. • Does it demonstrate collaboration between neighboring or regional jurisdictions to achieve National, regional or metropolitan benefits? o Disciplinary Integration Is the Project supported by, financially or otherwise, by non - transportation public agencies that are pursuing similar objectives? ■ Examples include promoting livable communities, public housing, promote economic development, revitalize communities, protect historic or cultural assets, encourage energy efficiency, improve environment, etc. Comments on Meeting Application Deadline: • Per Appendix C of Notice of Funding Availability In order to demonstrate ability to meet deadline for obligating finds, "The application package shall provide concrete evidence of project milestones, financial capacity and commitment in order to support project readiness." • The various discussions on meeting the obligation deadline that are scattered throughout the NOFA basically boil down to the stance that if USDOT has any doubts about your ability to meet the obligation deadline, you won't get funded. 4of4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Municipal Code Amendments GOVERNING LEGISLATION: Spokane Valley Municipal Code, Titles 17 -24 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Community Development included a review of the regulations it administers in its work priorities for 2011. Staff has been reviewing several sections of the SVMC, specifically Titles 17- 24. At this time, staff has developed a list of proposed amendments to the SVMC. Some of these proposed changes are minor clean-up in nature. Other items relate to issues that staff researched and feel need to be updated in order to be in line with current practices, make certain items more adaptable to improve customer service, or to make code cross references more accurate. Chapter 24.40 of Title 24 Building Codes has not been reviewed in detail since incorporation. This draft proposal includes a re -write of section 24.40.030 to accomplish the following: 1. Eliminate outdated code references 2. Re- organize administrative provisions into one location in the code for ease of use 3. Establish new expiring application and expiring permit timelines to allow more time for projects to be completed and for synchronization with State code adoption cycle 4. Eliminate all administrative requirements regarding fees from Chapter 24.40 and reference the Master Fee Schedule as the sole location for fees and fee policy 5. Conform requirements for professional preparation of plans to State law OPTIONS: Provide direction to the City Manager as to how to proceed: process proposed amendments, not process any amendments, or process only certain amendments; move Building Code amendment forward for a first reading. RECOMMENDED ACTION: Provide direction to City Manager to schedule proposed amendments to the SVMC for Planning Commission recommendation for land use code amendments; and consensus to bring building code amendment forward for first reading. BUDGET /FINANCIAL IMPACTS: No budget impact STAFF CONTACT: John Hohman, Community Development Director ATTACHMENTS: Track changes version of proposed code amendments to Chapter 24.40; Clean copy of proposed code amendments to Chapter 24.40, and Interoffice Memo, List of proposed amendments for Planning Commission review. 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 Chapter 24.40 CODES ADOPTED Sections: 24.40.010 General. 24.40.020 Specific. 24.40.030 Local administrative provisions. °m ° ^d'm°^+ss t the a d op t e d r'A 24.40.040 Local amendments to the adopted codes. 24.40.010 General. A. These regulations apply to any structure, equipment, or activity regulated by the herein adopted codes. All referenced codes are available for viewing at the City permit center. B. All te this; title. A#zer '�z' projects submitted for review and approval must conform to the requirements of this title. (Ord. 07 -010 § 1, 2007). 24.40.020 Specific. The following codes, as presently constituted or subsequently amended by the state of Washington, all as amended, added to, or excluded in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the City: A. Chapter 51 -11 WAC — Washington State Energy Code. 4QB. Chapter 51 -19 WAC — Washington State Historic Building Code. €C. Chapter 51 -50 WAC — State Building Code Adoption and Amendment of the 2006 Fd.4ien Af the International Building Code; including Appendix Chapters -1F, G, I, and J and ICC ANSI A117.1 and the International Existinq Buildinq Code €D. Chapter 51 -51 WAC — State Building Code Adoption and Amendment of the manna Fdmti Af the International Residential Code; including Appendix Chapters F G, H, and J. €E. Chapter 51 -52 WAC — State Building Code Adoption and Amendment of the 2006 Fdmt;,,n Af the. International Mechanical Code and of the 22006 Fd Af tho International Fuel Gas Code NFPA 58, and NFPA 54 Page 1 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 6F. Chapter 51 -54 WAC — State Building Code Adoption and Amendment of the 22006- Ed iti —n Af the International Fire Code. I #G. Chapter 51 -56 WAC —State Building Code Adoption and Amendment of the manna Fd;t; „f fho Uniform Plumbing Code. I tH. Chapter 51 -57 WAC — State Building Code Adoption and Amendment of Appendices A, B and I of the 2006 Edition of the Uniform Plumbing Code. 41. The X2009 International Plumbing Code as presently constituted or as may be subsequently amended; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. Q. The X006 2009 Edition of the International Property Maintenance Code, except Sections 106, 111, 302.3, 302.4, 302.8, 303, 304.2, 304.8, 304.13 through 304.18, 305.3, 305.6, 007-308, 494309.2 through 499309.5, 404.1, 506.3, 507, and 606 are not adopted. (Ord. 07 -010 § 1, 2007). 24.40.030 Local administrative provisions. A. The administrative provisions contained in the codes adopted in SVMC Chapter 24.40.020 shall a unless specifically amended by this section or SVMC Chapter 24.40.040. B. The following provisions amend all codes adopted by SVMC- Chapter 24.40.020„ except any provisions related to fees. time limitation of application and permit expiration. C. Projects subject to regulation under this chapter vest to the State code edition under which a complete application was accepted. 1. Time limitation of application. Applications are valid for a minimum of one year. One extension of time may be granted for a term of at least 180 days but shall not exceed the time remaining in the code cycle to which the application is vested. Any request for extension shall be made in writing. All permit applications regulated by this title shall be deemed to be abandoned and become null and void if a permit is not issued within the limitations described herein. a. Applications that have expired subject to this section have no vested right to review under the State code or Spokane Valley Municipal Code in effect at the time of original complete application. b. For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of application submittal requirements and review process shall be determined by the Community Development Director. 2. Expiration of permits. Every permit issued subject to this section shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One extension of Page 2 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 time may be granted for a term of at least 180 days but shall not exceed the time remaininq in the first full code cycle after the code cycle to which the permit is vested. Any such extension shall be requested in writing. A permit issued subject to this section shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made. a. Permits that have expired subject to this section have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance. b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be determined by the Community Development Director, the fees shall be set to cover actual City costs for services. c. Compliance actions. If a permit issued to resolve a code violation expires subject to this section, the property owner may be subject to the immediate imposition of remedies authorized by the Spokane Valley Municipal Code. 3. Permit ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on behalf of, the property owner. 4. Design professional required. A Washington State licensed design professional shall be required to design, prepare, and stamp original construction documents as specified by this section in accordance with RCW 18.08. a. Documents for construction, erection, enlargement, alteration or repairs of or to buildings or structures regulated by the International Building Code (IBC) where the building exceeds four thousand square feet or; b. Documents for construction, erection, enlargement, alteration or repairs of or to buildings or structures regulated by the International Buildinq Code (IBC) with a project area for all simultaneous proiects totalina more than four thousand sauare feet in a buildina areater than four thousand sauare feet or: c. Documents for construction, erection, enlargement, alteration or repairs of or to buildings or structures regulated by the International Buildinq Code (IBC) with a project area less than four thousand square feet in a building greater than four thousand square feet when the work contemplated by the design affects the life safety or structural systems of the building or; d. Any buildings or structures whose plans use the design methods of IBC Chapter 16 or that do not meet the prescriptive requirements of International Residential Code ORC), shall require such design to be prepared and stamped by an engineer licensed by the State of Washington pursuant to RCW 18.43. e. When plans designed and stamped by a design professional as required by this section must be submitted in multiple sets, one full set of documents prepared by the licensed architect and /or engineer shall bear the original stamp or seal of the responsible design professional as required by RCW 18.08.370 or 18.43.070 as it applies to the desiqn professional. Other required sets may bear a copy of the design professional's seal and signature. 5. Fees and fee refunds. Application and permit fees shall be collected or refunded subject to the provisions of the currently adopted Spokane Valley Master Fee Schedule. A permit shall not be valid until the fees prescribed by the Spokane Vallev Master Fee Schedule have been paid in full. Page 3 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 The Building Official may authorize the refunding of fees in the manner and for the amounts set forth in the currently adopted Spokane Valley Master Fee Schedule. 6. Work commencing before permit issuance. Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system, before obtaining necessary permits, shall be subject to an investigation fee in accordance with the schedule established by the aovernina authoritv for such work. The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. 24.40.040 Local amendments to the adopted codes. A. The X002 International Building Code. 1. Amend Section 105, Permits, as follows: a Ater the square foot ap Section 105.2, Work exempt from permit, Building: 1. to read as follows: One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet (11.15 mz). b. Section 105.2 Work exempt from permit, Building: Item 6. To read as follows: 6. Decks, sidewalks and driveways not more than 30 inches (762) mm) above the lowest adjacent ground level within six feet horizontally of the edge of the deck, sidewalk or driveway and where a guardrail is not required by other sections of this code. and not over anv basement or story below and are not part of an accessible route. Page 4 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 7 Up to 90,14 of the p foe pair) Whey n prk has boon Anne i prier a per mit is ed i 0 fee has been pair) is eiithrlra, nip Ar A before a Ry plan 06 rlppe B. The � - International Residential Code. Page 5 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 Page 6 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 7 Up to 90,14 of thep foe paid When n nrk has boon Anne i Rd8r o per mit is ed i 41. Replace Table R301.2(1), Climatic and Geographic Design Criteria, with the following: Ground Snow Wind Speed Seismic Design SUBJECT TO DAMAGE FROM Winter Design Ice Barrier Underlayment Flood Hazards Air Freezing Mean Annual Weathering Frost Termites Decay Load* (Gust) Category line Temp Required Index Temp depth 39 85 C Severe 24" Slight to None 10 °F Yes �88f 1232 47.2 °F Ibs /ftz mph Moderate to AAP 201 slight FIRM *Minimum roof snow load: 30 Ibs /ftz 42. Add a subsection to Section R310, Emergency escape and rescue openings, as follows: R310.6 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. .53. Amend Section R324, Flood- resistant construction, as follows: a. Modify R324.1, General, to add municipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with SVMC Chapter 21.30 SWAC and be designed and constructed in accordance with the provisions contained in this section. b. Add a sentence to subsection R324.1.3, Establishing the design flood elevation, such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one (1) foot. The design flood elevation shall be used to define areas prone to flooding, and shall describe, at a minimum, the base flood elevation at the depth of peak elevation of flooding (including wave height) which has a 1 percent (100 -year flood) or greater chance of being equaled or exceeded in any given year. Page 7 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 c. Delete item 1 in subsection R324.2.1, Elevation requirements, and replace with a new item 1 to read as follows: 1. Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. d. Delete item 3 in subsection R324.2.1, Elevation requirements, and replace with a new item 3 to read as follows: 42. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. e. Add a second paragraph to Section R324.3.6, Construction documents, to read as follows: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. C. The : 2 08rInternational Mechanical Code and the X006 International Fuel Gas Code. Reserved Page 8 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 7 Up to 9f104 of the p foe pair) When n erk has boon Anne i nrler a per mit is ed i 0 fee has been paid is eiithdray e elect before a plan reV 06 Anne D. The International Fire Code -21. Amend Appendix C to add an exception after the last paragraph in Section C105.1, Hydrant spacing, as follows: Exception: The fire chief is authorized to reduce the number of required hydrants by up to 50% when the building is equipped with an approved, automatic fire sprinkler system and the fire chief has approved the location of those required fire hydrants. ;2. Amend Appendix D, Section D101.1, to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. DE. The =06 Uniform Plumbing Code. Reserved -a - Page 9 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 -t-F. The 2880 2009 International Plumbing Code. Reserved 7 Up fn 90,14 of then mif foe void When n . A . 4 e . rk has hoon Anne i nrler per is ed i 90, ef the plaR review fee paid wh8R aR app f9F a p8rM fGF Wh a plan review fee hoc hoon void is eiifhdray.4n Ar AanAeled before a RY plan 06 rdene G. The X000 International Existing Building Code. Reserved. GH. The X000 2009 International Property Maintenance Code. 1. Amend Section 202, General definitions, by adding the following definitions: Page 10 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 i. Drug properties and structures. Any building, structure and /or associated property, identified by the Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public. ii. Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: 1. A dwelling, building, or structure exists on the property that has not been lawfully occupied for a period of one year or more; 2. The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the City or designee; 3. The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. 2. Amend Section 202, General definitions, by deleting the following definitions: a. Garbage; b. Housekeeping unit; c. Inoperable motor vehicle. 3. Amend Section 108, Unsafe structures and equipment, as follows: a. Add a new subsection 108.6, Drug properties and structures, to read as follows: Drug properties and /or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in Section 108.6. The Building Official is authorized to abate such unsafe buildings, structures, and /or associated properties in accordance with the procedures set forth in this code and Washington statute, RCW 64.44.010, with the following additional actions: 1. Due to public safety hazard in drug production facilities, all public and private utilities shall be disconnected. 2. Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes. 3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; Page 11 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 4. Reconnection of utilities or occupancy of the building(s), structures or property shall not be allowed until all violations have been addressed, all dangerous conditions abated and a notice of release for re- occupancy has been received from the health department and sheriffs office. 5. If dangerous conditions cannot be abated, occupancy shall be prohibited and the structure and /or property may be subject to condemnation pursuant to RCW 35.80A.010, Condemnation of blighted property. b. Add a new subsection 108.7, Blighted properties, to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use. 4. Replace the code reference, International Plumbing Code, in Section 505.1, General, with the following: The State adoption of the Uniform Plumbing Code. 5. Delete the text of Section 602.2, Residential occupancies, and replace with the following: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 6. Delete the text of Section 602.3, Heat supply, and replace with the following: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to supply heat to occupants thereof shall provide heat to maintain a temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. 7. Replace paragraph one of Section 602.4, Occupiable work spaces, with the following: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65° F (18° C) during the period the spaces are occupied. 8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the following: Page 12 of 13 2011 proposed code change- version 2 09 -26 -11 DRAFT for council meeting 10/04/2011 the State adoption of the NEC. (Ord. 07 -010 § 1, 2007). Page 13 of 13 2011 proposed code change- version 2 09 -26 -11 Chapter 24.40 CODES ADOPTED Sections: 24.40.010 General. 24.40.020 Specific. 24.40.030 Local administrative provisions. 24.40.040 Local amendments to the adopted codes. 24.40.010 General. A. These regulations apply to any structure, equipment, or activity regulated by the herein adopted codes. All referenced codes are available for viewing at the City permit center. B. All projects submitted for review and approval must conform to the requirements of this title. (Ord. 07- 010 § 1, 2007). 24.40.020 Specific. The following codes, as presently constituted or subsequently amended by the state of Washington, all as amended, added to, or excluded in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the City: A. Chapter 51 -11 WAC — Washington State Energy Code. B. Chapter 51 -19 WAC — Washington State Historic Building Code. C. Chapter 51 -50 WAC — State Building Code Adoption and Amendment of the International Building Code; including Appendix Chapters E, F, G, I, and J, and ICC ANSI A117.1 and the International Existing Building Code. D. Chapter 51 -51 WAC — State Building Code Adoption and Amendment of the International Residential Code; including Appendix Chapters F, G, H, and J. E. Chapter 51 -52 WAC — State Building Code Adoption and Amendment of the International Mechanical Code and of the International Fuel Gas Code, NFPA 58, and NFPA 54. F. Chapter 51 -54 WAC — State Building Code Adoption and Amendment of the International Fire Code. G. Chapter 51 -56 WAC — State Building Code Adoption and Amendment of the Uniform Plumbing Code. H. Chapter 51 -57 WAC — State Building Code Adoption and Amendment of Appendices A, B and I of the 2006 Edition of the Uniform Plumbing Code. Page 1 of 8 2011 proposed code change- version 2 09 -26 -11 I. The 2009 International Plumbing Code as presently constituted or as may be subsequently amended; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. J. The 2009 Edition of the International Property Maintenance Code, except Sections 106, 111, 302.3, 302.4, 302.8, 303, 304.2, 304.8, 304.13 through 304.18, 305.3, 305.6, 308, 309.2 through 309.5, 404.1, 506.3, 507, and 606 are not adopted. (Ord. 07 -010 § 1, 2007). 24.40.030 Local administrative provisions. A. The administrative provisions contained in the codes adopted in SVMC Chapter 24.40.020 shall apply unless specifically amended by this section or SVMC Chapter 24.40.040. B. The following provisions amend all codes adopted by SVMC Chapter 24.40.020„ except any provisions related to fees, time limitation of application and permit expiration. C. Projects subject to regulation under this chapter vest to the State code edition under which a complete application was accepted. 1. Time limitation of application. Applications are valid for a minimum of one year. One extension of time may be granted for a term of at least 180 days but shall not exceed the time remaining in the code cycle to which the application is vested. Any request for extension shall be made in writing. All permit applications regulated by this title shall be deemed to be abandoned and become null and void if a permit is not issued within the limitations described herein. a. Applications that have expired subject to this section have no vested right to review under the State code or Spokane Valley Municipal Code in effect at the time of original complete application. b. For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of application submittal requirements and review process shall be determined by the Community Development Director. 2. Expiration of permits. Every permit issued subject to this section shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One extension of time may be granted for a term of at least 180 days but shall not exceed the time remaining in the first full code cycle after the code cycle to which the permit is vested. Any such extension shall be requested in writing. A permit issued subject to this section shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made. a. Permits that have expired subject to this section have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance. b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be Page 2 of 8 2011 proposed code change- version 2 09 -26 -11 determined by the Community Development Director, the fees shall be set to cover actual City costs for services. c. Compliance actions. If a permit issued to resolve a code violation expires subject to this section, the property owner may be subject to the immediate imposition of remedies authorized by the Spokane Valley Municipal Code. 3. Permit ownership. Ownership of a permit issued pursuant to this title inures to the property owner. If the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on behalf of, the property owner. 4. Design professional required. A Washington State licensed design professional shall be required to design, prepare, and stamp original construction documents as specified by this section in accordance with RCW 18.08. a. Documents for construction, erection, enlargement, alteration or repairs of or to buildings or structures regulated by the International Building Code (IBC) where the building exceeds four thousand square feet or; b. Documents for construction, erection, enlargement, alteration or repairs of or to buildings or structures regulated by the International Building Code (IBC) with a project area for all simultaneous projects totaling more than four thousand square feet in a building greater than four thousand square feet or; c. Documents for construction, erection, enlargement, alteration or repairs of or to buildings or structures regulated by the International Building Code (IBC) with a project area less than four thousand square feet in a building greater than four thousand square feet when the work contemplated by the design affects the life safety or structural systems of the building or; d. Any buildings or structures whose plans use the design methods of IBC Chapter 16 or that do not meet the prescriptive requirements of International Residential Code (IRC), shall require such design to be prepared and stamped by an engineer licensed by the State of Washington pursuant to RCW 18.43. e. When plans designed and stamped by a design professional as required by this section must be submitted in multiple sets, one full set of documents prepared by the licensed architect and /or engineer shall bear the original stamp or seal of the responsible design professional as required by RCW 18.08.370 or 18.43.070 as it applies to the design professional. Other required sets may bear a copy of the design professional's seal and signature. 5. Fees and fee refunds. Application and permit fees shall be collected or refunded subject to the provisions of the currently adopted Spokane Valley Master Fee Schedule. A permit shall not be valid until the fees prescribed by the Spokane Valley Master Fee Schedule have been paid in full. The Building Official may authorize the refunding of fees in the manner and for the amounts set forth in the currently adopted Spokane Valley Master Fee Schedule. 6. Work commencing before permit issuance. Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system, before obtaining necessary permits, shall be subject to an investigation fee in accordance with the schedule established by the governing authority for such work. The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. Page 3 of 8 2011 proposed code change- version 2 09 -26 -11 24.40.040 Local amendments to the adopted codes. A. The International Building Code. 1. Amend Section 105, Permits, as follows: a. Section 105.2, Work exempt from permit, Building: 1. to read as follows: One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet (11.15 m b. Section 105.2 Work exempt from permit, Building: Item 6. To read as follows: 6. Decks, sidewalks and driveways not more than 30 inches (762) mm) above the lowest adjacent ground level within six feet horizontally of the edge of the deck, sidewalk or driveway and where a guardrail is not required by other sections of this code, and not over any basement or story below and are not part of an accessible route. B. The International Residential Code. 1. Replace Table R301.2(1), Climatic and Geographic Design Criteria, with the following: Ground Snow Wind Speed Seismic Design SUBJECT TO DAMAGE FROM Winter Design Ice Barrier Underlayment Flood Hazards Air Freezing Mean Annual Weathering Frost Termites Decay Load* (Gust) Category line Temp Required Index Temp depth 39 85 C Severe 24" Slight to None 10 °F Yes 2010 1232 47.2 °F Ibs /ft mph Moderate to FIRM slight *Minimum roof snow load: 30 Ibs /ft 2. Add a subsection to Section R310, Emergency escape and rescue openings, as follows: R310.6 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. 3. Amend Section R324, Flood- resistant construction, as follows: a. Modify R324.1, General, to add municipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with SVMC Chapter 21.30 and be designed and constructed in accordance with the provisions contained in this section. Page 4 of 8 2011 proposed code change- version 2 09 -26 -11 b. Add a sentence to subsection R324.1.3, Establishing the design flood elevation, such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one (1) foot. The design flood elevation shall be used to define areas prone to flooding, and shall describe, at a minimum, the base flood elevation at the depth of peak elevation of flooding (including wave height) which has a 1 percent (100 -year flood) or greater chance of being equaled or exceeded in any given year. c. Delete item 1 in subsection R324.2.1, Elevation requirements, and replace with a new item 1 to read as follows: 1. Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. d. Delete item 3 in subsection R324.2.1, Elevation requirements, and replace with a new item 3 to read as follows: 2. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. e. Add a second paragraph to Section R324.3.6, Construction documents, to read as follows: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. C. The International Mechanical Code and the International Fuel Gas Code. Reserved D. The International Fire Code 1. Amend Appendix C to add an exception after the last paragraph in Section C105.1, Hydrant spacing, as follows: Exception: The fire chief is authorized to reduce the number of required hydrants by up to 50 % when the building is equipped with an approved, automatic fire sprinkler system and the fire chief has approved the location of those required fire hydrants. 2. Amend Appendix D, Section D101.1, to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. Page 5 of 8 2011 proposed code change- version 2 09 -26 -11 E. The Uniform Plumbing Code. Reserved F. The 2009 International Plumbing Code. Reserved G. The International Existing Building Code. Reserved. H. The 2009 International Property Maintenance Code. 1. Amend Section 202, General definitions, by adding the following definitions: i. Drug properties and structures. Any building, structure and /or associated property, identified by the Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public. ii. Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: 1. A dwelling, building, or structure exists on the property that has not been lawfully occupied for a period of one year or more; 2. The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the City or designee; 3. The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. 2. Amend Section 202, General definitions, by deleting the following definitions: a. Garbage; b. Housekeeping unit; c. Inoperable motor vehicle. 3. Amend Section 108, Unsafe structures and equipment, as follows: a. Add a new subsection 108.6, Drug properties and structures, to read as follows: Drug properties and /or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in Section 108.6. The Building Official is authorized to abate such unsafe buildings, structures, and /or associated properties in accordance with the procedures set forth in this code and Washington statute, RCW 64.44.010, with the following additional actions: Page 6 of 8 2011 proposed code change- version 2 09 -26 -11 1. Due to public safety hazard in drug production facilities, all public and private utilities shall be disconnected. 2. Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes. 3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; 4. Reconnection of utilities or occupancy of the building(s), structures or property shall not be allowed until all violations have been addressed, all dangerous conditions abated and a notice of release for re- occupancy has been received from the health department and sheriffs office. 5. If dangerous conditions cannot be abated, occupancy shall be prohibited and the structure and /or property may be subject to condemnation pursuant to RCW 35.80A.010, Condemnation of blighted property. b. Add a new subsection 108.7, Blighted properties, to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use. 4. Replace the code reference, International Plumbing Code, in Section 505.1, General, with the following: The State adoption of the Uniform Plumbing Code. 5. Delete the text of Section 602.2, Residential occupancies, and replace with the following: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 6. Delete the text of Section 602.3, Heat supply, and replace with the following: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to supply heat to occupants thereof shall Page 7 of 8 2011 proposed code change- version 2 09 -26 -11 provide heat to maintain a temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. 7. Replace paragraph one of Section 602.4, Occupiable work spaces, with the following: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65° F (18° C) during the period the spaces are occupied. 8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the following: the State adoption of the NEC. (Ord. 07 -010 § 1, 2007). Page 8 of 8 sPo��� ,;,oOUalley From the Community Development Department Interoffice Memorandum To: John Hohman, Director Community Development From: Scott Kuhta, Planning Division Manager Date: September 28, 2011 Re: Proposed amendments to the Municipal Code Below is a list of current amendments and dates for the Planning Commission consideration, as well as proposed amendments that staff would like to bring forward. Items 1, 2 and 3 are already on the Planning Commission or Council agenda for review or public hearing. Items 4 -8 are proposed future amendments. 1. Landscaping, Fencing and Screening: PC Public Hearing Scheduled for November 10 2. Signage 2" d Council Discussion scheduled for October 18 3. CTA -04 -11 Privately Initiated amendment regarding solid waste recycling in a Mixed Use zone PC Study Session - October 13 PC Public Hearing — October 27 4. Building Code, Chapter 24.40 5. Boundary Line Adjustments — record of survey requirements 6. Code Compliance amendments 7. Wellhead Protection 8. Batch Amendments a. Churches in Garden Office (GO) b. Take out forms in Title 21 c. Accessory Dwelling Units and Home Professions in Mixed Use zones /Airport zones d. Joint Access Requirements for Commercial development e. Paving for Residential Driveways f. Change of Conditions for Zoning — make administrative rather than require public hearing g. Single - Family lot/setback standards in Mixed Use zones h. Cross references in the SVMC CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information © admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2012 Lodging Tax Funding Award Process. GOVERNING LEGISLATION: None. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The City of Spokane Valley has a 2% Lodging Tax that generates somewhat in excess of $400,000 per year, the proceeds of which may be used to promote conventions and tourist travel to our City. The organizations to which the tax proceeds are distributed are ultimately determined by the City Council, who receives a nonbinding recommendation from a Lodging Tax Advisory Committee. The Advisory Committee is comprised of five members who are appointed by the City Council and the Committee membership must include: • At least two representatives of businesses that are required to collect the tax, • At least two people who are involved in activities that are authorized to be funded by the tax, and • One elected city official who serves as chairperson of the Committee The Lodging Tax Committee makes its recommendations based upon a combination of written application materials and a presentation that is made to them by each applicant. Potential applicants learn of the City's Lodging Tax award process through a combination of efforts including publications in newspapers and announcements on the City's website. The City also sends a "courtesy letter" to recipients of the funding in the current year announcing the upcoming award process. The process we have used to ultimately make awards of 2012 Lodging Tax collections is the same one used in previous years and includes: • Courtesy letters announcing the 2011 application process for 2012 funding were mailed to recipients of 2011 funding on 8/31/2011. • The City advertised the Lodging Tax application process in the legal section of both the Valley News Herald and Spokesman Review on September 2n and 9 1 ". • The City's Public Information office outreach effort included: o 8/31 - Posted "Funding for Tourism information" link to home page of website. Link remained active through 9/16/11 o 8/31 - Media release — City offers funding for tourism efforts included: • Posted to Home Page -City News section of website. Link remained active through 9/7/11. • Sent to Home Page -City News email distribution list (includes approx 190 media and citizen subscribers) P:IClerklAgendaPackets for Weblagendapacket 10- 04- 1111tem 5 Lodging Tax funding process. docx • Sent to Home page -City News RSS feed subscribers (no way to know number of subscribers) • Posted to Public Notices web page under Public Notices section and RFPs /RFQs section. Links remained active through 9/7/11. ■ Sent to Public Notices RSS Feed subscribers. ■ Sent to RFPs /RFQs RSS Feed subscribers. o Media coverage — does not include paid ads ■ 9/3/11 Spokesman Review: Groups can apply for tourism funding ■ 9/16/11 Valley News Herald: Tourism Funding The deadline for submittal of applications was 4pm on Friday, September 16 and consistent with previous years, we view the deadline as a firm point where the window of opportunity closes. Consequently, any applications received after that, are not considered as funding candidates. The calendar we will follow through the balance of the 2012 Lodging Tax Funding Award Process is: • Fri 9/30/2011 Application materials sent to Lodging Tax Advisory Committee for review. • Thur 10/13/2011 8:30 am Applicant presentations to Committee • Fri 10/14/2011 8:30 am Applicant presentations to Committee (if necessary) • Tues 10/25/2011 Admin Report to City Council regarding Committee recommendations • Tues 11/15/2011 City Council Motion Consideration: Approve Lodging Tax Committee recommendation. OPTIONS: The City Council may alter the Lodging Tax Funding Award Process as it deems necessary. RECOMMENDED ACTION OR MOTION: No action is required. BUDGET /FINANCIAL IMPACTS: We anticipate 2012 Hotel /Motel (Lodging Tax) revenues will be $430,000. The Lodging Tax Committee will make an initial recommendation to the City Council as to how this money should be expended and the Council will ultimately make awards at the November 15, 2011 Council meeting. STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS: None P:IClerklAgendaPackets for Weblagendapacket 10- 04- 1111tem 5 Lodging Tax funding process. docx DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of September 29, 2011; 10:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings October 6, 2011, AWC Regional MeetingSpokane, Wa. October 11, 2011, Formal Meetine Format, 6:00 p.m. [due date Mon, Oct 31 Introduction of Special guests & Presentations: Acknowledgement of LDS Day of Service 1. Public Hearing: 2012 Budget - Mark Calhoun (10 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. Second Reading Proposed Ordinance 11 -013 Amending SVMC, City Treasurer - Cary Driskell (10 minutes) 4. First Reading Proposed Ordinance, Bike and Pedestrian Master Program - Mike Basinger (15 minutes) 5. First Reading Proposed Ordinance, 2012 budget Property Tax - Mark Calhoun (15 minutes) 6. First Reading Proposed Ordinance 2012 budget, tax confirmation - Mark Calhoun (15 minutes) 7. Motion Consideration: Participation in Traffic School Program - Morgan Koudelka (10 minutes) 8. Admin Report: SRCAA (Clean Air Agency) Indirect Source Rule - Bill Dameworth (15 minutes) 9. Admin Report: Spokane Valley Fire Dept Accreditation - Chief Thompson (20 minutes) 10. Admin Report: Bonneville Power Franchise - Cary Driskell (15 minutes) 11. Info Only: School Beacon Grant Opportunity [ *estimated meeting: 130 minutes] October 18. 2011. Studv Session Format. 6:00 n.m. 1. CDBG Project Ideas - Scott Kuhta 2. Budget Amendment, 2011 - Mark Calhoun 3. Code Compliance Report - John Hohman 4. Sign Code - John Hohman 5. City Signs - Mike Stone 6. Car Shows - Mike Stone 7. Speed Limits - Neil Kersten 8. School Beacon Grant Opportunity - Inga Note 9. Helmet Safety Discussion - Cary Driskell 10. Solid Waste Update - Neil Kersten 11. Old Milwaukee Right -of -way - Neil Kersten/Mike Stone 12. Advance Agenda - Mayor Towey [due date Mon, Oct 101 (15 minutes) (15 minutes) (20 minutes) (30 minutes) (15 minutes) (15 minutes) (20 minutes) (10 minutes) (15 minutes) (20 minutes) (15 minutes) (15 minutes) [ *estimated meeting: 175 minutes] October 25, 2011, Formal Meetine Format, 6:00 p.m. [due date Mon, Oct 171 1. PUBLIC HEARING: 2011 Amended Budget - Mark Calhoun (10 minutes) 2. PUBLIC HEARING: CDBG - Scott Kuhta (10 minutes) 3. Second Reading Proposed Ordinance, Bike and Pedestrian Master Program - Mike Basinger (15 minutes) 4. Second Reading Proposed Ordinance, 2012 budget Property Tax - Mark Calhoun (15 minutes) 5. Second Reading Proposed Ordinance 2012 budget, tax confirmation - Mark Calhoun (15 minutes) 6. First Reading Proposed Ordinance Adopting 2012 Budget - Mark Calhoun (15 minutes) 7. First Reading Proposed Ordinance, Franchise Agreement Bonneville Power - Cary Driskell (20 minutes) 8. Proposed Resolution Amending Fee Resolution for 2012 - Mark Calhoun (20 minutes) 9. Admin Report: Lodging Tax Funding - Mark Calhoun (15 minutes) 10. Info Only: Dept Reports [ *estimated meeting: 135 minutes] Draft Advance Agenda 9/29/2011 4:17:58 PM Page 1 of 3 November 1, 2011, Study Session Format, 6:00 p.m. [due date Mon, Oct 241 1. Spokane Regional Sports Commission Update — Eric Sawyer (10 minutes) 2. Public Facilities District Presentation, Proposed Convention Center Completion — Kevin Twohig (20 min) 3. Landscaping Code Amendments — John Hohman (30 minutes) 4. Economic Development Update — Mike Jackson, John Hohman (30 minutes) 5. Advance Agenda — Mayor Towey (5 minutes) [ *estimated meeting: 95 minutes] November 8, 2011, No meeting (3 councilmembers attending a conference) November 15, 2011, Special, Formal Format, 6:00 p.m. [due date Mon, Nov 71 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Proposed Ordinance Adopting 2012 Budget — Mark Calhoun (15 minutes) 3. First Reading Proposed Ordinance Amending 2011 Budget — Mark Calhoun (10 minutes) 4. Motion Consideration: Funding Allocation, Lodging Tax — Mark Calhoun (10 minutes) 5. Advance Agenda — Mayor Towey (5 minutes) [ *estimated meeting: 45 minutes] November 22,2011; NO MEETING (Thankseivine week) November 29, 2011, Study Session Format 6:00 p.m. 1. Info Only: Dept Reports [due date Mon, Nov 211 [ *estimated meeting: minutes] December 6, 2011, Study Session Format, 6:00 p.m. [due date Mon, Nov 281 1. Oath of Office for Council positions #3 and 5 — Chris Bainbridge (10 minutes) 2. Advance Agenda — Mayor Towey (5 minutes) [ *estimated meeting: minutes] December 13, 2011, Formal Meetine Format, 6:00 p.m. [due date Mon, Dec 51 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending 2011 Budget — Mark Calhoun (10 minutes) 3. Committee, Boards, Commission Mayoral Appointments — Mayor Towey (15 minutes) [ *estimated meeting: minutes] December 20, 2011, No meeting (Christmas Week) December 27, 2011, Formal Meeting Format, 6:00 p.m. 1. Info Only: Dept Reports January 3, 2012, Study Session Format, 6:00 p.m. 1. Oath of Office for Council positions 42, 3 and 6 — Chris Bainbridge 2. Mayor and Deputy Mayor Elections — Chris Bainbridge [due date Mon, Dec 19]] [ *estimated meeting: minutes] [due date Tue, Dec 271 (10 minutes) (15 minutes) [ *estimated meeting: minutes] Draft Advance Agenda 9/29/2011 4:17:58 PM Page 2 of 3 OTHER PENDING AND /OR UPCOMING ISSUES/MEETINGS: Bidding Contracts (SVMC 3. — bidding exceptions) Centennial Trail Agreement Contracts, Annual Renewals Franchise Ord., Bonneville Power (2 °d reading) Governance Manual (resolution) Update Greenacres Trail/Northern Railroad Investment Accounts Milwaukee Right -of -way Mission Ave Design (Mission & Long ped. crossing) Parking/Paving Options (for driveways, etc.) Pavement Management Program Update Prosecution Services Public Input Process for Capital Projects Railroad Quiet Zones Retreat (Jan or Feb 2012) Revenue Policy, Cost Recovery School Flashing Beacons, Bowdish Middle, et al Senior Housing Shoreline Draft Goals and Policies Sidewalks Site Selector Update Solid Waste Amended Interlocal Speed Limits (Indiana etc) Sprague Appleway Corridor Environ.Assessment Stormwater Projects for Grant Funding Stormwater Contracts WIRA, Water Protection Commitment, Public Educ. *time for public or council comments not included Draft Advance Agenda 9/29/2011 4:17:58 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane Valley Proposition 1 — Sprague /Appleway Ballot Language GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adoption of Ordinance 11 -011 placing question of issuance of $2,142,000 in general obligation bonds to pay for converting a one -mile portion of both Appleway Boulevard and Sprague Avenue from one -way to two -way traffic from University Road on the east to Argonne (Sprague Avenue) or Dishman -Mica Road (Appleway Boulevard) on the west. BACKGROUND: This informational item is only intended to show the Council what the ballot language will look like as it will appear to the voters. OPTIONS: NA RECOMMENDED ACTION OR MOTION: NA BUDGET /FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Ballot language as it will appear to the voters. Proposition No. 1 City of Spokane Valley General Obligation Bonds for Street Improvements City Council Ordinance No. 11 -011 authorizes a proposition to issue up to $2,142,000 General Obligation Bonds to finance conversion of Sprague and Appleway to two -way streets between Argon ne /Dishman -Mica and University Road; including striping, signalization, and Americans with Disabilities Act compliance; and to levy excess property taxes annually to repay the bonds within a maximum term of 20 years. Should this proposition be: Approved -> Rejected CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 4, 2011 Department Director Approval Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ® executive session AGENDA ITEM TITLE: EXECUTIVE SESSION: Pending /Potential Litigation GOVERNING LEGISLATION: RCW 42.30.110(1)((i) PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: "I Move that Council adjourn into executive session for approximately minutes to discuss the pending or potential litigation, and that no action will be taken upon return to open session." BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: