CITY OF SULTAN

ORDINANCE NO. 924-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON DESIGNATING THE DEPARTMENT OF COMMUNITY DEVELOPMENT AS THE CITY’S PLANNING AGENCY AND ESTABLISHING A PLANNING BOARD IN THE DEPARTMENT OF COMMUNITY DEVELOPMENT BY RESPECTIVELY AMENDING SMC 2.17.020, AND ENACTING 2.17.080 ESTABLISHMENT OF PLANNING BOARD, 2.17.090 APPOINTMENT TO THE PLANNING  BOARD, 2.17.100 TERMS OF APPOINTMENT TO PLANNING BOARD, 2.17.110 VACANCY, 2.17.120 REMOVAL FROM MEMBERSHIP ON  PLANNING BOARD, 2.17.130 MEETINGS OF PLANNING BOARD; 2.17.140 QUORUM FOR MEETING OF PLANNING BOARD, 2.17.150 RULES AND REGULATIONS, AND 2.17.160 POWERS AND DUTIES.

It is hereby ordained by the City Council of the City of Sultan, Washington as follows:

Section 1.  Chapter 2.17.020 Sultan Municipal Code is hereby amended to read as follows:

2.17.020  Designation of Department of Community Development  as Planning Agency.

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 Revised Code of Washington or the City’s Municipal Code reference a “Planning Agency,” and/or “Planning Commission”, from and after the effective date of this section, such references shall refer to the Department of Community Development.

Section 2.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.080 Planning Board to read as follows:

2.17.080  Planning Board

There is hereby established a Planning Board consisting of five (5) members.  The City Council, from time to time, may designate one of its members to serve as liaison with the Planning Board, to participate as an ex officio non-voting member of the board.

Section 3.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.090 Appointments to Planning Board to read as follows:

            2.17.090 Appointments to Planning Board.

All members of the Planning Board shall be appointed by the Mayor and confirmed by the City Council.  Appointments shall be made in a nondiscriminatory manner, without regard to age, race, sex or political affiliation.  Four members of the Planning Board must reside within the geographical limits of the Sultan School District.  There shall be no residency requirement for the fifth member.  All members of the Planning Board shall participate in training as established by the Director.  A member shall complete the CTED or equivalent planning course within 60 days of confirmation of appointment.

Section 4.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.100 Terms of Appointments to the Planning Board to read as follows:

2.17.100 Terms of Appointments to the Planning Board.

Two of the initial appointments to the Planning Board shall be for a one year appointment.  Three of the initial appointments to the Planning Board shall be for a two year appointment.  All subsequent appointments to the Planning Board shall be for a term of two (2) years, unless the appointment is to fill the balance of an existing term, in which event the term shall be the balance of the term.  Members may be reappointed an unlimited number of terms.

Section 5.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.110 Vacancy to read as follows:

2.17.110 Vacancy.

A member’s position on the Planning Board shall be deemed vacant if a member resigns, which resignation shall be in writing and signed by the member, or if a member misses four regular meetings of the Planning Board within a twelve-(12) month period.  Absences may only be excused for substantial reasons, such as serious illness of the member, or immediate family, or death in the member’s immediate family.

Section 6.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.120 Removal from Membership on Planning Board to read as follows:

2.17.120 Removal from Membership on the Planning Board.

A member of the Planning Board may be removed by the Mayor for inefficiency, unexcused failure to timely attend required training, neglect of duty or malfeasance in office.  If the Mayor believes the required cause for removal exists, the Mayor shall issue a notice of suspected cause and allow the member a Public Hearing before the Mayor to demonstrate that cause for removal does not exist.  Based upon the evidence presented in the Public Hearing, the Mayor shall determine whether the member shall be removed. The Mayor shall report any such removal to the City Council.  There shall be no right of appeal to the Council.

Section 7.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.130 Meetings of Planning Board to read as follows:

2.17.130 Meetings of the Planning Board.

The Planning Board shall meet a minimum of once a month, and conduct such other meetings as required to complete the duties assigned to the Planning Board.  The initial meeting of the Planning Board shall occur within twenty (20) days of the effective date of this Ordinance.  Notice of said meeting shall be issued by the Director in accordance with the requirements of law.  As a first item of business, the Planning Board shall designate the date and time for its regular monthly meeting. 

Section 8.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.140 Quorum for Meeting of Planning Board to read as follows:

2.17.140 Quorum for Meeting of the Planning Board.

The presence of a minimum of three members shall constitute a quorum.  Except to adjourn, no action may be taken in the absence of a quorum.  Final action of the Planning Board in the form of a recommendation shall require the affirmative vote of a majority of the members present when a quorum has been established.

Section 9.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.150 Rules and Regulations to read as follows:

2.17.150 Rules and Regulations.

The Planning Board may adopt Rules and Regulations for the conduct of its affairs.  Rules adopted shall become effective upon submittal to and concurrence by the City Council.   The Council shall take action on rules submitted at the first regular Council meeting scheduled after submittal of rules to the Council.   The Planning Board’s rules shall require submittal of a written dissenting report in the event action by the board is not unanimous.  In the absence of any such rules and regulations the Planning Board shall follow the most analogous rules used either by the City Council for its meetings or by the City’s Hearing Examiner.

Section 10.  Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.160 Powers and Duties to read as follows:

            2.17.160 Powers and Duties

A. In consultation with the Director of Community Development, the Planning Board shall review and monitor the City’s Comprehensive Plan and Development Regulations, both as defined in the Growth Management Act of the State of Washington, to establish a list of tasks to be undertaken to keep the City’s Comprehensive Plan and Development Regulations up to date and in compliance with the Growth Management Act.

B. The Planning Board shall review the City’s public participation notices and processes to establish a legally-compliant public participation program for the City.  The Planning Board shall report its recommendations on said notices and processes to the Director of Community Development within one hundred and twenty (120) ) days of the effective date of this ordinance The Director shall forward that report and his/her commentary, if any, to the City Council by the date of the next regularly scheduled Council meeting.

C. In consultation with the Director of Community Development, and after legislative action by the City Council if required, the Planning Board shall implement a public participation program and conduct such public meetings and hearings as required to fulfill the City’s public participation obligations under Chapter 36.70 A RCW.

D. In conjunction with the Director of Community Development, the Planning Board shall develop Sultan’s Comprehensive Plan and/or updates and amendments thereto, and revise development regulations that implement its Comprehensive Plan and make recommendation concerning the same to the Director of Community Development and to the City Council;

E. In conjunction with the Director of Community Development, the Planning Board shall annually make a recommendation for training and assistance to the board and a budget request to the city council.

Section 11.  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 12.  This Ordinance shall be in full force and effect five days after publication as required by law.

            PASSED by the City Council and APPROVED by the Mayor this _____ day of May __, 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:_______________________