SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A-5
DATE: January 25, 2006
SUBJECT: Approval of Ordinance Number 904-06 abolishing the Planning Commission and establishing a Department of Community Development as its Planning Agency with a Citizens Advisory Growth Management Board.
CONTACT PERSON: City Attorney, Thom Graafstra and Rick Cisar, City Administrator
SUMMARY: Staff has prepared Ordinance 904-06 to implement the recommendations of the Prothman Organizational Assessement Report and recommendations of the City Council regarding the Planning Commission.
FISCAL IMPACT: Staff time in preparing and processing the Ordinance.
RECOMMENDED Introduce Ordinance Number 904-06 for First Reading and
ACTION: pass on to a Second Reading.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
ORDINANCE NO. 904-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON ABOLISHING ITS PLANNING COMMISSION AND ESTABLISHING A DEPARTMENT OF COMMUNITY DEVELOPMENT AS ITS PLANNING AGENCY WITH A CITIZENS ADVISORY GROWTH MANAGEMENT BOARD BY REPEALING CHAPTER 2.17 SULTAN MUNICIPAL CODE AND ENACTING A NEW CHAPTER 2.17 SULTAN MUNICIPAL CODE ENTITLED “DEPARTMENT OF COMMUNITY DEVELOPMENT” AND REPEALING SECTIONS 16.120.010 AND 16.120.020 SULTAN MUNICIPAL CODE.
It is hereby ordained by the City Council of the City of Sultan, Washington as follows:
Section 1. Chapter 2.17 Sultan Municipal Code, entitled “Planning Commission” is hereby repealed and a new Chapter 2.17 Sultan Municipal Code, entitled “Department of Community Development” is hereby enacted, reading as follows:
CHAPTER 2.17
DEPARTMENT OF COMMUNITY DEVELOPMENT
Sections:
2.17.010 Department created
2.17.020 Designation as planning agency, planning commission
2.17.030 Position established
2.17.040 Appointment
2.17.050 Powers and duties of director
2.17.060 Salary of director
2.17.070 Senior planner and staff
2.17.080 Citizens Advisory Growth Management Board
2.17.010 Department created
There is created a separate administrative department in and for the City of Sultan entitled the Department of Community Development, to consolidate all planning, environmental and permitting functions into a single department under the supervision of a Director of Community Development.
2.17.020 Designation as planning agency, planning commission
The Department of Community Development is hereby designated as the planning agency for the City of Sultan to perform all duties, directly or indirectly, by contract or agreement, required of a planning agency as imposed by law. Where provisions in the city’s Municipal Code reference a “planning agency” or a “planning commission”, from and after the effective date of this section such references shall refer to the Department of Community Development.
2.17.030 Position established
There is established the position of Director of the Department of Community Development in and for the City of Sultan.
2.17.040 Appointment
The Mayor shall have the power of appointment and removal of the Director of the Department of Community Development. Such appointment and removal shall be subject to confirmation by a majority vote of the City Council.
2.17.050 Powers and duties of director
The powers, duties and responsibilities of the Director of the Department of Community Development, except where the Director may act in a quasi-judicial manner, shall be subject to the direction, authority and supervision of the City Administrator, and shall include, without limitation, the following:
1. Perform, or cause to be performed for the City all duties imposed on a planning agency under law;
2. Issue administrative determinations under the city’s Unified Development Code;
3. Serve as the city’s designated official under the State Environmental Policy Act (“SEPA”);
4. Perform directly, or by designee all duties imposed on officials of the City of Sultan under Titles 15, 16, 17, 21 and 22 of the Sultan Municipal Code;
5. Appoint and supervise the performance of a senior planner, and such permit technicians as authorized by the city’ annual budget;
6. Except where he/she acts in a quasi-judicial capacity, supervise the performance of the city’s building official and the city’s code enforcement officer;
7. Participate in and prepare an annual budget for the Department of Community Development; and
8. Cause to be performed the duties of the Department of Community Development as established by this chapter.
2.17.060 Salary
The Director of the Department of Community Development shall receive a salary in such amount as the City Council may from time to time establish by ordinance for a permanent hire, and such amount as the Mayor may negotiate and the Council approve by resolution for an interim appointment.
2.17.070 Senior planner and staff
A senior planner and staff as authorized by the city’s budget may be appointed by the Director of the Department of Community Development.
2.17.080 Citizens Growth Management Advisory Board
There is hereby established, on the terms and conditions of this section, a Citizens Growth Management Advisory Board (the “Board”):
1. Purpose. The purpose of the Board is two fold: (1) where requested by the Department of Community Development to receive public input and participation on matters referred to the Board and to conduct a meeting or hearing and (2) to provide comment on (a) the city’s public participation processes to comply with Chapter 36.70A RCW, (b) compliance of the city’s comprehensive plan with the requirements of Chapter 36.70A RCW, (c) compliance and consistency of the city’s development regulations, and other plans such as the city’s general sewer plan with the city’s comprehensive plan, and (d) internal consistency of the city’s development regulations.
2. Membership. The Board shall consist of seven (7) members, one Council representative, a representative of the School District 311, a Public Safety representative, a Downtown property owner and Chamber member, a Sultan Scenic Business Park business owner and two (2) citizens appointed by the Mayor and confirmed by the City Council. The term of appointment shall be two (2) years. A person may not serve more than 2 terms consecutively.
3. Vacancies. A vacancy on the Board shall occur if a member resigns, moves his/her residence or business from Sultan or the School or Fire district or misses four (4) functions of the board within a one (1) year period of time.
4. Removal from Board. The Mayor may remove a member from the Board by notice to the member and copied to the City Council. Unless the Council by four votes shall override the decision of the Mayor, the member shall be removed in accordance with the Mayor’s notice.
5. Meetings. The Board shall hold an organizational meeting in January of each year. The Board also shall hold a meeting in April and October of each year at a minimum. Additional meetings shall be held at the request of the Director of the Department of Community Development or when a majority of the Board shall designate. All meetings shall be public meetings, and notice shall be given in accordance with law. No person shall have a right of appeal to the Board. The Board may make a recommendation only when a quorum is present and a majority of those present at a meeting where a quorum is present agree on the recommendation. For a quorum to be established four (4) members must be present.
6. Powers and duties. The Board shall have the following powers and duties:
a. When requested by the Director of the Department of Community Development, the Board shall conduct public meetings or hearings to fulfill the city’s public participation obligations under Chapter 36.70 A RCW;
b. Review and make recommendations concerning (1) the completeness of the city’s public participation process to comply with Chapter 36.70 A RCW, (2) compliance of the city’s comprehensive plan with the requirements of Chapter 36.70A RCW, (3) compliance and consistency of the city’s development regulations, and such plans as the general sewer plan with the city’s comprehensive plan, and (4) internal consistency of the city’s development regulations.
Section 2. Sultan Municipal Code section 16.120.010 is hereby repealed.
Section 3. Sultan Municipal Code section 16.120.020 is hereby repealed.
Section 4. If any section of this ordinance, of if any subsection or part shall be declared unlawful, the balance of this ordinance and of each section shall remain in full force and effect.
Section 5. This Ordinance shall become effective on: ______________, 2006.
PASSED by the City Council and APPROVED by the Mayor this _____ day of ______________, 2006.
CITY OF SULTAN
By____________________________
BEN TOLSON, Mayor
ATTEST:
By__________________________________
LAURA KOENIG, City Clerk
Approved as to form:
By___________________________________
THOM H. GRAAFSTRA, City Attorney
Date of Publication: