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Title 2
ADMINISTRATION AND PERSONNELChapters:
2.02 City Office Hours
2.04 City Council Meetings
2.05 Council Salaries
2.06 Inspection of Public Records
2.08 Clerk/Treasurer
2.09 City Engineer
2.10 Office of City Administrator
2.12 Volunteer Fire Department
2.16 Violations Bureau
2.17 Planning Commission
2.18 Library Board
2.20 Design Review Board and Process
2.21 Student Council Representative
2.22 Park Advisory Board
2.23 Sultan Arts Council
2.24 Officials’ Bonds
2.25 Citizens Advisory Board
2.26 Hearing Examiner
2.28 City Elections
2.30 Personnel Policies
2.31 Drug-Free Workplace
2.32 Social Security
2.36 Deferred Compensation Plan
2.40 Washington State Employees’ Retirement System
2.44 Reimbursement for Travel Expenses
2.48 Cemetery Regulations
2.52 Civil Service
2.54 Legal Representation
Chapter 2.02
CITY OFFICE HOURSSections:
2.02.010 City Hall office hours.
2.02.010 City Hall office hours.
The city offices shall be open for the transaction of business Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. exclusive of observed holidays. (Ord. 736-00 § 1)
Chapter 2.04
CITY COUNCIL MEETINGSSections:
2.04.010 Time and place.
2.04.020 Exceptions.
2.04.030 Number of offices.
2.04.010 Time and place.
A. After passage, approval and publication of the ordinance codified in this chapter, the regular meeting of the city council of the city of Sultan shall be held in the Sultan Community Center at 319 Main Street on the second and fourth Wednesday of each month beginning at the hour of 7:00 p.m. and ending no later than 10:00 p.m.
B. The first such regular meeting to be held in accordance with the terms of this chapter shall be held on the second Wednesday in the month of February, 2004; provided, that though regular meetings shall be held only as required by the provisions of this chapter, such regular meetings may be adjourned to a time and place certain if the regular business before the city council makes such adjourned meetings necessary. (Ord. 836-04; Ord. 748-00; Ord. 742-00; Ord. 683-98)
2.04.020 Exceptions.
Whenever the regular meeting date of the Sultan city council falls on a legal holiday, the regular meeting of said city council will be held at the same hour and place on the next succeeding day. (Ord. 836-04; Ord. 748-00; Ord. 742-00; Ord. 683-98)
2.04.030 Number of offices.
Pursuant to RCW 35A.12.101, the number of councilmanic offices in the city is hereby increased from five to seven, effective January 10, 2000. (Ord. 735-00 § 1)
Chapter 2.05
COUNCIL SALARIESSections:
2.05.010 Effective date.
2.05.020 Salaries set.
2.05.030 Meetings defined.
2.05.040 Deductions for nonattendance.
2.05.010 Effective date.
The salaries of the elected city officials shall be as set forth in SMC 2.05.020, commencing January 1, 2000, and shall remain in effect until such time as the city council shall otherwise provide by ordinance. (Ord. 711-99)
2.05.020 Salaries set.
The mayor and city council members shall receive salaries as follows:
Mayor
$500.00 per month
Councilmembers
$40.00 per council meeting/
maximum two per month
$35.00 per other meetings/
maximum two per month(Ord. 711-99)
2.05.030 Meetings defined.
Meetings shall include regularly scheduled council meetings, special council meetings, public hearings, council workshops, committee meetings and other city related task force or associations that the councilmember has been appointed to or requested to attend. (Ord. 711-99)
2.05.040 Deductions for nonattendance.
No compensation shall be paid to the mayor or councilmember who has an extended excused absence or disability that prevents attendance at all meetings during a calendar month. Pro-tem appointments during the mayor’s or councilmember’s absence shall receive the regular monthly salary for that position. (Ord. 711-99)
Chapter 2.06
INSPECTION OF PUBLIC RECORDSSections:
2.06.010 Purpose of provisions.
2.06.020 Definitions.
2.06.030 Public records available.
2.06.040 Exemptions to copying – Determination – Notice of denial.
2.06.050 Records exempt from public inspection designated.
2.06.060 Copying – Fees.
2.06.010 Purpose of provisions.
The city of Sultan is a local agency under the terms of Chapter 42.17 RCW. It shall hereafter in this code be referred to as “city.” It promulgates these rules to ensure compliance with the provisions of RCW 42.17.250 through 42.17.340 and other applicable law relating to public records in the custody and/or maintained by the city. (Ord. 451, 1984)
2.06.020 Definitions.
As used in this chapter, unless the context otherwise indicates:
A. “List of individuals for commercial purposes” means a collection of the names of individuals assembled or organized in such a manner that this can be used or made to be used for the primary purpose as a commercial mailing, phone solicitation, or other commercial contact list for some profit motive. A primary purpose test will be applied when determining whether information which contains names of individuals together with other information is a list of individuals for commercial purposes.
B. “Public record” means and includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by a state or local agency, regardless of physical form or characteristics.
C. “Writing” means handwriting, typewriting, printing, photostating, photographing and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents. (Ord. 451, 1984)
2.06.030 Public records available.
A. All public records of the city, as defined in SMC 2.06.020(B), are to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW 42.17.260, 42.17.310, 42.17.330 and other applicable laws.
B. All persons desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk/treasurer, or designee, on forms specified by the city clerk/treasurer, between 9:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. (Ord. 451, 1984)
2.06.040 Exemptions to copying – Determination – Notice of denial.
Action on request for inspection and copying of public records will be promptly made by the city clerk/treasurer or designee. The city clerk/treasurer or designee shall promptly determine if a public record requested in compliance with these procedures is exempt from public view and copying under the provisions of RCW 42.17.260, 42.17.310 and 42.17.330, and other applicable law. A decision as to whether such records are exempt from inspection and copying may be deferred for a reasonable time, but written notice of such deferral will be given no later than within two business days of the request. All denials of requests for public records made in compliance with these procedures will be accompanied by a written statement specifying the reasons for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld. (Ord. 451, 1984)
2.06.050 Records exempt from public inspection designated.
Exemption from public inspection and copying are as follows:
A. Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, welfare recipients, prisoners, probationers or parolees;
B. Personal information in files maintained for employees, appointees or elected officials of any public agency to the extent that disclosure would violate their right to privacy;
C. Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would violate the taxpayer’s right to privacy or would result in unfair competitive disadvantage to the taxpayer;
D. Specific intelligence information and specific investigative records compiled by investigative, law enforcement and penology agencies and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy;
E. Information revealing the identity of persons who file complaints with investigative, law enforcement or penology agencies, other than the public disclosure commission, if disclosure would endanger any person’s life, physical safety, or property; provided, that if at the time the complaint is filed the complainant indicates a desire for disclosure or nondisclosure, such desire shall govern; provided, further, that all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath;
F. Test questions, scoring keys and other examination data used to administer a license, employment or academic examination;
G. Except as provided by RCW Chapter 8.26, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property had been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal;
H. Valuable formulae, designs, drawings and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
I. Preliminary drafts, notes, recommendations and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
J. Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts;
K. Records, maps or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites;
L. Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user;
M. Financial information supplied by or on behalf of a person, firm or corporation for the purpose of qualifying to submit a bid or proposal for: (1) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750; or (2) highway construction or improvement as required by RCW 47.28.070;
N. Matter which would be an unreasonable invasion of personal privacy;
O. List of individuals for commercial purposes;
P. Information not deletable which would violate personal privacy or vital government interests;
Q. Confidential income data. (Ord. 451, 1984)
2.06.060 Copying – Fees.
A. No fee shall be charged for the inspection of public records.
B. Departments, boards and commissions may impose a reasonable charge for providing copies of public records and for the use by any person of equipment to copy public records. Said charges shall not exceed the actual amount necessary for the reimbursement of the actual costs incident to such copying unless some other charge is specifically authorized by statute.
C. The city council by resolution shall set the amounts of such charges, and such shall be made part of these rules made available to the public. (Ord. 451, 1984)
Chapter 2.08
CLERK/TREASURERSections:
2.08.010 Combination of office.
2.08.020 Effective date of combined office.
2.08.010 Combination of office.
Under the authority of RCW 35.27.180 and 35.27.190, the office of the city treasurer for the city of Sultan is abolished and the office of the treasurer of the city of Sultan is combined with the office of city clerk of the city of Sultan, thereby creating a new office to be known as office of the clerk/treasurer for the city of Sultan. (Ord. 360 § 1, 1977)
2.08.020 Effective date of combined office.
The effective date of the establishment of the new clerk/treasurer office provided for in this chapter, shall be January 12, 1978. (Ord. 360 § 2, 1977)
Chapter 2.09
CITY ENGINEERSections:
2.09.010 Position created.
2.09.020 Scope of authority.
2.09.030 Duties.
2.09.040 Salary.
2.09.050 Residency.
2.09.060 Council member ineligible.
2.09.010 Position created.
There is hereby created the appointive position of city engineer, which position shall be filled by appointment by the mayor, subject to confirmation by a majority of the city council; said city engineer to serve at the pleasure of the mayor. (Ord. 816-03 § 1)
2.09.020 Scope of authority.
The city engineer shall perform or supervise the performance of the city engineer’s duties as designated by this code and as assigned by contract. The city engineer shall act under the direction and authority of the city administrator. (Ord. 816-03 § 1)
2.09.030 Duties.
The city engineer shall have the following specific duties, powers, and responsibilities. Under the direction and authority of the city administrator, the city engineer shall:
A. Review and comment on developer submittals;
B. Assist other city staff with technical and engineering issues;
C. Meet with staff and developers on an as-needed basis;
D. Assist other city staff with grant applications;
E. Assist the city administrator with technical issues related to public works, transportation and general city engineering topics;
F. Review engineering submittals of developer’s engineers or city consultants as requested;
G. Perform other engineering tasks as designated by city code or as otherwise assigned. (Ord. 816-03 § 1)
2.09.040 Salary.
The city engineer shall receive such compensation as may be fixed by contract approved by the city council or as established by the city council at the time salaries are set by ordinance, as provided by law. (Ord. 816-03 § 1)
2.09.050 Residency.
The city engineer need not be a city resident. (Ord. 816-03 § 1)
2.09.060 Council member ineligible.
No person elected to membership on the city council shall, subsequent to such election, be eligible for the appointment to city engineer until one year has elapsed following the expiration of the last term for which he/she was elected. (Ord. 816-03 § 1)
Chapter 2.10
OFFICE OF CITY ADMINISTRATORSections:
2.10.010 Office creation.
2.10.020 Scope of authority.
2.10.030 Duties.
2.10.040 Repealed.
2.10.050 Salary.
2.10.060 Residency.
2.10.070 Oath.
2.10.080 Council member ineligible.
2.10.090 Vacancy in mayor’s position.
2.10.010 Office creation.
There is hereby created the office of city administrator, which office shall be filled by appointment by the mayor, subject to confirmation my a majority of the city council; said administrator to serve at the pleasure of the mayor. (Ord. 643, 1996)
2.10.020 Scope of authority.
The city administrator shall be administrator, executive, and liaison officer for the city, under the direction and authority of the mayor. In addition, the city administrator may be the city planner and the city zoning officer. (Ord. 812-03 § 1; Ord. 811-03 § 1; Ord. 643, 1996)
2.10.030 Duties.
The city administrator shall have the following specific duties, powers, and responsibilities:
A. Under the direction and authority of the mayor, the city administrator shall:
1. Supervise, administer, and coordinate the activities and functions of the various city officers, departments, commissions, and boards in carrying out the requirements of the city ordinances and the policies of the city council and to administer and supervise the carrying out of the decisions and policies of the various city departments, commissions, and boards; provided, however, that with respect to the law enforcement operations of the police department, the police chief shall report directly to the mayor;
2. Regularly report to the mayor concerning the status of all assignments, duties, projects, and functions of the various city offices, departments, commissions, and boards;
3. Assist in the preparation and subsequent submission to the council of the annual budget and shall be responsible for its administration after adoption;
4. Serve as personnel officer for the city, under the direction of the mayor;
5. Supervise all purchasing by the various city offices, departments, commissions, and boards;
6. Supervise all expenditures by the various city officers, departments, commissions, and boards for the purpose of keeping the same within the limitations of the annual budget for the city, so much as possible;
7. Attend all meetings of the city council and such other meetings as may be requested by the mayor;
8. Recommend for adoption by the mayor and council such measures as deemed necessary or expedient in the running of the business of the city;
9. In cooperation with the city clerk/treasurer, accountant, and attorney to keep the mayor and city council fully advised of the financial condition of the city and its future needs and to assist in the preparation and submission to the mayor and council of any reports necessary for the expedient running of the business of the city;
10. Investigate all complaints in relation to matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city, and to see that all franchises, permits, and privileges granted by the city are faithfully observed;
11. Assist the police chief, building inspector, planning department, and all other departments of the city in administering all ordinances subject to licensing, taxing, and inspections of buildings and developments within the city;
12. Make, compile, and file with the city clerk a complete inventory of the property, real and personal, owned or leased by the city and file amended inventories thereof at least semi-annually as to stock supplies, and equipment and at least annually as to other properties.
B. The city administrator may also serve as the city planner and the city zoning official in accordance with the provisions of the unified development code of the city of Sultan.
C. The city administrator also serving as the city planner shall distinguish in all written communication in which capacity he or she is acting. (Ord. 812-03 § 2; Ord. 811-03 § 2; Ord. 685-98; Ord. 643, 1996)
2.10.040 Combination of position.
Repealed by Ord. 811-03. (Ord. 663-97; Ord. 643, 1996)
2.10.050 Salary.
The city administrator shall receive such compensation as may be fixed by the city council at the time salaries are set by ordinance, as provided by law. (Ord. 643, 1996)
2.10.060 Residency.
The city administrator need not be a city resident. (Ord. 643, 1996)
2.10.070 Oath.
Before entering upon the duties of his office, the city administrator shall take the official oath for the support of the government and the faithful performance of his duty and shall execute and file with the city clerk a bond in favor of the city in such sum as may be fixed by motion of the city council. (Ord. 643, 1996)
2.10.080 Council member ineligible.
No person elected to membership on the city council shall, subsequent to such election, be eligible for the appointment of city administrator until one year has elapsed following the expiration of the last term for which he was elected. (Ord. 643, 1996)
2.10.090 Vacancy in mayor’s position.
In the event of a vacancy in the position of mayor, there being a hiatus in the law as to the responsibility and authority of the city administrator to carry out his duties and to whom he shall become responsible, the city of Sultan does hereby declare that in such event as the mayor’s office be vacant or unfilled, the city administrator shall report directly to the city council until such time as a mayor pro tem shall be appointed. The mayor pro tem shall not have the authority to discharge the city administrator without the majority consent of the council, said consent to be required of the council until such time as a new mayor takes office by election thereto. (Ord. 643, 1996)
Chapter 2.12
VOLUNTEER FIRE DEPARTMENTSections:
2.12.010 Establishment – Membership.
2.12.020 Adoption of volunteer firemen’s relief and compensation fund.
2.12.030 Board of trustees of fund – Constitution.
2.12.040 Board of trustees of fund – Meetings and conduct of business.
2.12.050 Member enrollment for purposes of retirement benefits – Annual fee.
2.12.010 Establishment – Membership.
There is created a department to be known as the Sultan volunteer fire department, whose membership number shall be determined by resolution by the Sultan city council. (Ord. 444, § 1, 1983; Ord. 170 § 1, 1940)
2.12.020 Adoption of volunteer firemen’s relief and compensation fund.
The city council elects to adopt the benefits of, and be bound by, the provisions of Chapter 121, Laws of 1935, which chapter establishes the volunteer firemen’s relief and compensation fund. (Ord. 170 § 2, 1940)
2.12.030 Board of trustees of fund – Constitution.
The board of trustees of the volunteer firemen’s relief and compensation fund shall be constituted as provided in Sections 2 and 3 of the act mentioned in SMC 2.12.020. (Ord. 170 § 3, 1940)
2.12.040 Board of trustees of fund – Meetings and conduct of business.
The board of trustees mentioned in SMC 2.12.030 shall meet on the first Monday after the effective date of the ordinance codified in SMC 2.12.010 through this section, or as soon thereafter as possible, and adopt rules and regulations for the conduct of its business, not inconsistent with the laws of the state of Washington. (Ord. 170 § 4, 1940)
2.12.050 Member enrollment for purposes of retirement benefits – Annual fee.
Any member of the Sultan volunteer fire department is permitted to enroll under the provisions of the Volunteer Firemen’s Relief and Pension Act, for the purpose of enabling any such fireman, so electing, to avail himself of the retirement provisions of said act; provided, however, that anyone so enrolling under said pension provisions shall pay the fee required by said act prior to March 1st of each year, and in the event that said fireman does not contribute said annual fee, he shall be dropped from the rolls, as provided by statute, with the privilege of being reinstated; provided said reinstatement is approved by the city council. (Ord. 245 § 1, 1960)
Chapter 2.16
VIOLATIONS BUREAUSections:
2.16.010 Establishment.
2.16.020 District court order for processing of criminal offenses – Posting and acceptance of bail.
2.16.030 Bail – Receipt issuance – Notice of trial date – Contents.
2.16.040 Bail – Transfer to clerk of district court.
2.16.050 Forfeitures placed in current expense fund.
2.16.060 Violations bureau clerk.
2.16.010 Establishment.
There is created and established a violations bureau of the city of Sultan to assist in processing traffic cases and other violations of city ordinances. (Ord. 308 § 1, 1970)
2.16.020 District court order for processing of criminal offenses – Posting and acceptance of bail.
A. By written order of the justice of the peace (judge) of the Evergreen district justice court, the violations bureau shall process all criminal offenses under the city of Sultan ordinances, and shall receive the posting of bail and accept the forfeiture of bail.
B. The violations bureau shall receive bail in such amounts and shall accept forfeiture of bail under such circumstances or conditions as are specified by the written order of the justice of the peace (judge). (Ord. 308 § 2, 1970)
2.16.030 Bail – Receipt issuance – Notice of trial date – Contents.
A. Upon acceptance of the authorized bail, the violations bureau shall issue a receipt to the alleged violator.
B. In cases where bail is posted for appearance in court or where the violations bureau is authorized to accept forfeiture of bail, but the alleged violator requests a trial date in lieu of forfeiture, the violations bureau shall also issue to the alleged violator a notice of trial date.
C. The receipt and/or notice of trial date shall bear a legend informing the violator of the legal consequences of bail forfeiture. (Ord. 308 § 3, 1980)
2.16.040 Bail – Transfer to clerk of district court.
The violations bureau shall transfer daily to the clerk of the justice court all bail posted for offenses where forfeiture is not authorized, or where forfeiture is authorized but the alleged violator requests a trial date in lieu of forfeiture, as well as copies of all receipts. (Ord. 308 § 4, 1970)
2.16.050 Forfeitures placed in current expense fund.
All forfeitures paid to the violations bureau for violations of ordinances of the city of Sultan shall be placed in the current expense fund of the city of Sultan. (Ord. 308 § 5, 1970)
2.16.060 Violations bureau clerk.
A. There is created the position of violations bureau clerk, which shall be filled by appointment of the mayor.
B. The city council shall set the salary of said clerk from time to time, and shall determine the amount of bond to be required therefor, if any. (Ord. 308 § 6, 1970)
Chapter 2.17
PLANNING COMMISSIONSections:
2.17.010 Established.
2.17.020 Appointments.
2.17.030 Terms.
2.17.040 Vacancies.
2.17.050 Removal from office.
2.17.060 Organization.
2.17.070 Meetings.
2.17.080 Quorum.
2.17.090 Rules and regulations.
2.17.100 Budget – Request for appropriation.
2.17.110 Powers and duties.
2.17.120 Severability.
2.17.010 Established.
There is established a planning commission consisting of seven members. (Ord. 647-96; Ord. 614, 1994; Ord. 468, 1985)
2.17.020 Appointments.
All members of the planning commission shall be appointed by the mayor and confirmed by the city council. Appointments shall be made without regard to age, race, sex or political affiliation. Five members shall be registered voters who reside within the corporate limits of Sultan. One member may be a registered voter residing within the urban growth boundary as established by the comprehensive plan. One member may be a registered voter who has owned and operated a business within the corporate limits for a period of one year or more. Members may not simultaneously serve on the planning commission and the board of adjustments. Members shall serve without compensation. (Ord. 647-96; Ord. 614, 1994; Ord. 468, 1985)
2.17.030 Terms.
A. A member of the planning commission shall be appointed for a five-year term unless appointment is to fill an unexpired term which consists of less than a full five-year term or the appointment is to the first planning commission governed by this chapter. The terms of all of the appointed members shall be fixed and designated at the time of appointment by the mayor.
B. No member may serve more than two full consecutive terms. No member may serve longer than the term or unexpired term to which appointed unless reappointed by the mayor and reconfirmed by the council.
C. The term of the first member appointed to the planning commission under this chapter shall end on December 31, 1986. The term of the second person appointed to the planning commission under this chapter shall end on December 31, 1987. The term of the third person appointed to the planning commission under this chapter shall end on December 31, 1988. The term of the fourth person appointed to the planning commission under this chapter shall end on December 31, 1989. The term of the fifth person appointed to the planning commission under this chapter shall end on December 31, 1990. (Ord. 468, 1985)
2.17.040 Vacancies.
A vacancy on the planning commission shall occur if a member resigns; moves his permanent residence from Sultan; misses four regular meetings of the planning commission within a 12-month period, unless his absence is excused by the chairperson; is removed from office according to the provisions of this chapter; or a term to which an individual was appointed expires. Vacancies occurring otherwise than through the expiration of terms shall be filled promptly. (Ord. 468, 1985)
2.17.050 Removal from office.
After public hearing or waiver of such hearing, a member of the planning commission may be removed by the mayor with the approval of the city council for inefficiency, neglect of duty, or malfeasance in office. Prior to such action being taken, however, at least 10 days in advance of the anticipated hearing date, written notice shall be sent to the member involved. The notice shall state that removal of the member is contemplated, set forth the grounds on which such action is based, and advise the member who may demand a public hearing before the council. No member shall be removed until after such a hearing has either been held or waived by the member, either expressly or through his failure to demand such hearing. (Ord. 468, 1985)
2.17.060 Organization.
Each year in January, the planning commission shall elect a chairman and may, in addition, create and fill such other offices as it may determine it requires. (Ord. 468, 1985)
2.17.070 Meetings.
The planning commission shall hold at least one regular meeting each month for not less than nine months in each year and may hold additional meetings as it determines the need or is requested to do so by the city council. (Ord. 468, 1985)
2.17.080 Quorum.
A majority of the members of the planning commission shall constitute a quorum for the transaction of business. Any action taken by a majority of those present when those present constitute a quorum at any regular or special meeting of the planning commission shall be considered as the action of the board. (Ord. 468, 1985)
2.17.090 Rules and regulations.
The planning commission shall adopt rules necessary for the conduct of affairs and in keeping with the provision of the zoning code or comprehensive plan and shall file its rules of order with the city clerk/treasurer. The transaction of business shall be kept as a written record of its meetings, findings and determinations which shall be a public record. (Ord. 468, 1985)
2.17.100 Budget – Request for appropriation.
The planning commission shall each year prepare and submit to the city council an itemized budget and request for funds for the ensuing calendar year. (Ord. 468, 1985)
2.17.110 Powers and duties.
The planning commission shall have the following powers and duties, namely:
A. It shall act as a research and fact finding agency for the city, as requested or required by the city council. It may, within the scope of its powers and duties, make inquiries, investigations and surveys, assemble and analyze data obtained, formulate plans, cooperate and act with other planning commissions or public agencies, and make such reports and recommendations to the city council with respect to such activities;
B. It may participate in the activities of regional planning commissions to the extent permitted by the laws of the state of Washington;
C. It shall study, promulgate, develop and update coordinate plans, including comprehensive plan, for the physical development of the city as deemed necessary for the interest of the public health, safety, morals and the general welfare of the community; and to such end it may make recommendations to the city council regarding the regulation of and restrictions on the use of land, the location, construction and use of buildings, and other related matters which are or might properly be incorporated into city ordinances dealing with zoning, building, plats and subdivisions, parks and annexation;
D. It shall have the duty to process and hear all requests for zoning, rezoning or variances from the established zoning requirements or provisions of the building code, petitions for annexation, and proposed plats and subdivision, to investigate the same, to grant or deny requests for variance, to make reports and recommendations to the council regarding any proposed plat or subdivision or proposed annexation and to recommend to the city council changes in the city ordinance law relating to any of such matters. (Ord. 468, 1985)
2.17.120 Severability.
If any section of this chapter shall be held invalid for any reason, the remainder of the chapter shall be held valid and will remain in full force and effect. (Ord. 468, 1985)
Chapter 2.18
LIBRARY BOARDSections:
2.18.010 Purpose and function.
2.18.020 Membership and compensation.
2.18.030 Selection of officers.
2.18.040 Quorum and meetings.
2.18.010 Purpose and function.
There is hereby created a library board whose duties shall be to advise the city council as to the general supervision of the library facilities of the city. (Ord. 692-98; Ord. 676-97)
2.18.020 Membership and compensation.
A. The library board shall be composed of six members who shall be appointed by the mayor and confirmed by the city council to serve a term of five years; provided, however, only one trustee position term shall expire in any one calendar year. No trustee shall serve more than two consecutive terms. A Sultan High School student representative shall be appointed for a one-year term commencing July 1st and ending June 30th.
B. Members of the board shall be bona fide residents of Snohomish County and shall also be residents of the Sultan library service area.
C. No board member shall receive any compensation from the city for his/her service on the board. (Ord. 850-04 § 1; Ord. 692-98; Ord. 676-97)
2.18.030 Selection of officers.
The members of the board shall elect a chair and a secretary from its membership who shall serve for a period of one year. The secretary shall keep minutes and records of all regular meetings. (Ord. 692-98; Ord. 676-97)
2.18.040 Quorum and meetings.
The library board shall hold regular meetings at such time and places it deems advisable, but not less than one every three calendar months. The presence of three members of the board shall be necessary to constitute a quorum for transacting business. (Ord. 692-98; Ord. 676-97)
Chapter 2.20
DESIGN REVIEW BOARD AND PROCESS*Sections:
2.20.010 Design review board members and qualifications.
2.20.020 Terms and compensation.
2.20.030 Rules, regulations and records.
2.20.040 Removal.
2.20.050 Purpose.
2.20.060 Applicability.
2.20.070 Approval required.
2.20.080 Optional preapplication.
2.20.090 Review process.
2.20.100 Appeals.
2.20.110 Lapse of approval.
*Prior legislation: Ord. 686-98.
2.20.010 Design review board members and qualifications.
There is created a design review board for the city that shall have the powers, duties, and functions as provided in this chapter. The design review board shall consist of a minimum of three and a maximum of five members. All members shall be appointed by the mayor with confirmation of the city council. In making appointments to the board, the appointing authority shall appoint persons who are knowledgeable in matters of design and aesthetic judgment by virtue of training, education, and/or experience, who possess qualities of impartiality and broad judgment, and an ability to review two-dimensional plans. Desired qualifications for board members include an expertise in the fields of architecture, history, landscape architecture, engineering and graphic, interior, and industrial design. The membership of the board should include at least one architect. (Ord. 727-00)
2.20.020 Terms and compensation.
The initial appointment of members to the board shall be for the following respective terms: one for two years, one for three years, and remaining member(s) for four years. Thereafter, all appointments shall be for a term of four years. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term.
Members shall serve without compensation. (Ord. 727-00)
2.20.030 Rules, regulations and records.
The board shall adopt rules and regulations for the conduct of its business, subject to the approval of the city council. A majority of the membership shall constitute a quorum for the purpose of transacting business. Action by the board shall be by majority vote, provided no action may be taken without affirmative vote of at least two members. A tie vote on a motion to approve shall constitute failure of the motion.
The design review board shall elect a chairperson and such other officers, as it may deem necessary. Such officers shall occupy their respective offices for a period of one year.
The city planner, or his/her duly authorized representative, shall staff the board, and shall be responsible for all records. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings and such minutes and a copy of its rules shall be kept on file in the office of the city clerk and open to inspection by the public. The city shall provide the board with necessary administrative support and expense budget as needed to perform the function described by this chapter. Board-related authorized expenses are reimbursable.
No member of the design review board (DRB) shall participate in discussion or vote on any matter involving any client he or she is serving or any business for which he or she is owner, corporate officer, or employee. Each member shall be responsible to disclose personal and/or financial relationships that may be perceived to influence decisions on any issue before the board. Where necessary, an alternate member may be selected to fill in for a regular board member that needs to excuse himself or herself. (Ord. 727-00)
2.20.040 Removal.
After a public hearing (or waiver thereof), any member of the design review board may be removed by the mayor with the approval of the city council for neglect of duty or malfeasance in office. Prior to any such action, however, written notice shall be given to the member involved at least 10 working days in advance of the anticipated hearing date. The notice shall state that removal is being contemplated, indicate the grounds for which such action is based, and advise the member that a public hearing has been set before the city council. No member shall be removed until such hearing (or waiver thereof by member) has been held. (Ord. 727-00)
2.20.050 Purpose.
In addition to the general purposes of the comprehensive plan and the unified development code, this chapter is included for the following purposes:
A. To assure that developments within the residential districts, commercial districts, the downtown core and projects within the economic development and highway-oriented zones are consistent with the city of Sultan urban design standards (UDS).
B. To make suggestions on design alternatives which meet the needs of the property or business owner which are consistent with and meet the intent of the city’s UDS.
C. To make recommendations to the planning commission and city council on policies and ordinances that may affect the city’s design and visual character.
D. To make recommendations of approval with conditions or disapproval for proposed designs of development projects within the residential districts, commercial district, downtown core and commercial projects within the economic development and highway oriented zones.
E. To make recommendations to the hearing examiner, city staff, city council and other approving body on other design matters, as may be referred to the design review board by the city council, pertaining to the appearance of the city. (Ord. 727-00)
2.20.060 Applicability.
The design review board shall review all development in urban center (UC), highway-oriented development (HOD), economic development (ED) zoning districts, multifamily developments and neighborhood commercial developments in residential zones. For the purposes of this chapter, “development” means any improvement to real property open to exterior view, including but not limited to buildings, structures, fixtures, landscaping, site screening, parking lots, lighting, pedestrian facilities, street furniture, use of open space areas (including parks, junk yards, riding academies, kennels, and recreational facilities), mobile homes and trailer parks, whether all or any are publicly or privately sponsored. Development does not include underground utilities or signs. (Ord. 806-03 § 2)
2.20.070 Approval required.
A. Development. No person shall start any development, or substantially change any development, until the design review board (DRB) or the hearing examiner has approved the proposed development or change, except where this code expressly delegates such approval to the staff. Unless staff demonstrates that the project creates a significant change in the design characteristics of the development, the following development projects are exempt for design review board and council review and subject to approval of staff using the criteria of this chapter:
1. Remodels of buildings that do not result in a changing of the building footprint and that involve materials, forms, and repetition of elements consistent with the existing building design.
2. Re-striping and other minor changes to parking lots that do not result in changes to landscaping, a reconfiguration of the lot or the creation of five or more new parking spaces.
3. Fences that do not require a separate development permit.
B. Permits. No city permit or approval shall be issued for any development until the design review board or the council has approved the proposed development, except where this code expressly delegates such approval to the staff. (Ord. 727-00)
2.20.080 Optional preapplication.
The applicant may submit the plans required in Chapter 16.120 SMC in preliminary or sketch form, so that comments and advice of the design review board may be incorporated into the final plans submitted for application. This shall be done through the regular preapplication process or if it is a minor permit (such as a sign permit) it shall be submitted to the permit technician who will route it for a preliminary review to the design review board. (Ord. 727-00)
2.20.090 Review process.
A. Review. The city staff shall review the application as provided in Chapter 16.120 SMC and the planning department or permit assistant shall schedule the item for a meeting of the design review board. The role of the design review board shall be dependent on the nature of the application and the approval process required. The design review board shall review a proposed application at a public meeting and make a recommendation to the hearing examiner, city staff or other applicable approving body to approve, or deny, the proposal. The design review board shall meet twice each month as necessary to a time established by the design review board. The meetings shall be held in city council chambers or other place as announced. The decisions shall be final.
1. For applications, such as sign permits, the design review board shall serve as the sole decision-making authority.
2. For applications requiring a public hearing and council approval, the design review board shall make a recommendation to the hearing examiner to approve, conditionally approve or deny the proposal for projects subject to project consolidation.
3. Notwithstanding the requirements of this section to the contrary, the action of the design review board under this section and the hearing examiner on a development in which the city serves as the applicant shall be a recommendation to the city council.
B. Findings.
1. Comprehensive Plan. That the proposal is consistent with the comprehensive plan and other adopted city policies.
2. Sultan Municipal Code (SMC). That the staff has found that the proposal meets the requirements of the SMC, or the city has approved a variance or a modification under the SMC.
3. Criteria. That the proposal as approved or conditionally approved satisfies the criteria and purposes of intent for the city of Sultan’s urban design standards.
Findings will be drafted and sent to the applicant within five working days following the design review board meeting. (Ord. 727-00)
2.20.100 Appeals.
A. All design review decisions of the design review board are appealable to the city council as provided in Chapter 16.120 SMC.
B. Persons entitled to appeal are:
1. The applicant;
2. Anyone who has submitted a written document to the city of Sultan concerning the application prior to or at the hearing; or
3. Anyone testifying on the application at the design review board meeting or hearing. (Ord. 727-00)
2.20.110 Lapse of approval.
A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or if no building permit application is required, substantially commences the uses allowed within 18 months from the date of approval, design review board or council approval shall expire and be null and void. For the purposes of this section, the date of approval shall be the date on which the design review board or hearing examiner’s minutes or other method of conveying the final written decision of the design review board or council as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the city council or court of competent jurisdiction. (Ord. 727-00)
Chapter 2.21
STUDENT COUNCIL REPRESENTATIVESections: