ORD 2002-17 PLANNING COMMISSION Third reading
May 8, 2002
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ORDINANCE NO. 2002 - 17
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to the planning commission;
amending Sections 2.36.020, 2.36.030, 2.36.040, Section
2.36.050, 2.36.060, 2.36.090 and adding new Sections
2.36.010, 2.36.055"and 2.36.075, to the Bainbridge Island
Municipal Code.
WHEREAS, Chapter 2.36 of the Bainbridge Island Municipal Code contains
provisions regarding the Planning Commission; and
WHEREAS, the City Council has determined that it is in the best interests of the
City to amend the provisions of the City code relating to the Planning commission as set
forth in this Ordinance; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS'
Section 1_ A new section 2.36.010 is added to the Bainbridge Island
Municipal Code as follows:
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Section 2. Section 2.36.010 of the Bainbridge ISland Mume~pal Code'-
is amended as follows'
~ 3~.0!0 2,36.020 Established- Duties and responsibilities.
Pursuant to the provisions of RCW Chapter 35A.63, there is established within the city a
planning commission which shall have the following duties and responsibilities:
A. Participate in the Bpreparation and review of the comprehensive plan for the city;
B. Review of and recommendations on all applications for amendments to the
comprehensive plan, official zoning map and official zoning ordinance of the city; and
C. Such other advisory duties as may be assigned to it by the city council or the mayor, or
~ specified i.n the BIMC.
D. The title "planning commission" is substituted for the title "planning agency" in all
city ordinances and other documents approved prior to the effective date of the ordinance
codified in this chapter.
Section ..3... Section 2.36.020 of the Bainbridge Island Municipal Code is
amended as follows:
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2.~.02~ 2.36.030 Composition-Appointments-Residency-Terms-Chairpersons.
A. The m~....:.-, commission shall consist of seven members appointed by the mayor
and confirmed by the city council.-'~'" ~ln,~11~, ....... ;'~h~11~'........ '~;a~'~fl '~a~. ~ .... year
tema~. All seven members of the commission shall be residents of the city. The
commission shall reflect the diverse perspectives, work experiences and backgrounds
represented in the communi _ty. Each commissioner shall endeavor to understand and
a~ee to uphold the city's adopted comprehensive plan.
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B All members shall serve without compensation for three-year terms. Terms are to be
stal~ored, with no more th~an three positions expiring in any given year.
C. ~he officers of the commission shall 'consist of a chairperson and a vice chairperson.
elected by the members of the commission. The election of offic~.r.a shall t~e. place no
later than Febma~ 28 of each year. The term of each officer shall mn from February 1
until January 31 of the following year. In the event of the vacancy of the chair, the
chairperson would be replaced by the vice chairperson, and the vice chairperson would be
repIac.¢ ,d by a vote of tho members of tho commission.
D. OffiG¢8 0f tho Commis, si0II:
a. Meetings. The chairpcrs0..n shall preside over meetings of the co .mmisSion an..d.
may o, xcrci$O all the powers. ~su~a!!y,ill¢i,dcnt to tho offi0.¢. Duties of the ch ,lt. irpe, r$0ll shall
irl¢]ud¢ btt,t, IlOt be li~,mitod to ¢O1T!yrlittoo.S of tho who]¢~ h~rldlillg m¢¢tillg items and
~iscussion, conflict, of interest,, suspension of meetings, timing for discussion of issues,
and clad'fica, tion of issues and questions.
b. The chairpcmon shall sigj~ all approved commission minutes, reports or other
9fficial documents.
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c. The vice c..hai.~erson..In, the .absence of the chairperson, the vice chairperson -
shall perform all the duties incumbent upon the chairperson. The chairperson and the vice
chairperson, both being absent,.the members present may elect for the meeting a
temporary_ chairp¢~on, who shall have the .full powers of the chairperson during the
a_bsence of the chai~~on and the vic, e chairperson.
d. Subc0~ittees. The chair ..shall have .full power tO create subcommittees .that
would include up tO three .commissioners. Standing or temporary_ committees may be
charged with such duties, examinations, investigations and inquiries relative to one or
more subjects of interest to the commission. No committee shall .have the power to
commit the commission to the endorsement of any plan or program without the approval
of a quorum of the commissi0.n,
Section 4. Section 2.36.030 of the Bainbridge Island Municipal Code is
amended as follows'
~..~.~2~ 2.~6.040 Forfeiture of office.
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A. A member appointed to the commissio,n shall forfeit his or her office~ creating a
vac~9¥ if he or she ceases to have the qualifications prescribed for such office by
law or ordi.~ce~ or if he or she is convicted of a crime involving, moral, turpitude
or a violation, of. the o.ath of office.
B. In the event of a c0m~ission member being absent .from three consec.ut, ive regular
meetings, or being absent from 50% of all meetings (including committee) in any
six-month period, the office shall become vacant and forfeited, provided that the
mayor, with city council approval, may grant an exception when warranted, by..
individual circumst.ances.
C. For an ex.tended absence, a commissioner may request a leave of absence,, to be
approved by the mayor,
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Any unexpired term of a vacant or forfeited offices shall be filled by a qualified person
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appointed by the mayor and confirmed by the city council.
Section 5... Section 2.36.040 of the Bainbridge Island Municipal Code is amended as
follows'
a, a,: t~,m 2.36.050 Meetings
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A._The planning commission shall meet on the seconal and fourth Thursday of each
month at 7'00 p.m. and may hold such special meetings as the planning commission may
determine necessary. All regularly scheduled meetings shall begin at 7:00 p.m. and shall
endeavor to adjourn by 9:30 p.m., orovided that, the hours of a regular meeting may be
m .odified for exceptional purposes, as determined by the chairperson.
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B, ...PI_ ~a~ing c°..mmiss, ion meetings shall be held at the .City of Bainbridge Island Ci_ty -
Hall. Under special, eireums, tances, regular, anc!.~eeial meetings and retreats may be held
in other locations, a,5 publicly anno,,unced.
C. The planning commission shall give public notice of its meetings as provided by law.
Any special meeting Of the commission shall be held only after notice thereof has be,en
published in the offieia,1 newspaper of the city at least 24 hours in advance.
D. All meetings of the planning commission shall be open to the public. In the event a
regular meeting falls upon a legal holiday, the meeting shall be held on the next following
business day.
A.l! mectinFs shall be conducted accordi~S to Robert's Rules of Order. T~= c~=~.-"~=mc.''
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F. Thc pl~i~ ¢om,mi$~io~ sh~ll ~¢¥i¢w ~d ~ppm¥¢ rules 0£ p~o¢¢dur¢ ~nd ¢od¢ o£
conduct ,mmuall¥~
Section ~., ^ new section 2.~05~ is added to tho Bainbridge I~la~d ~uni¢ip~l Code
~$ £ollo~'
2.36.0S$ Quorum ,a~4 ¥otine
^~ ^ s~pl¢ ~ority o£th,¢ ap_.~intcd mere, ber~ sh~Jl constitute ~ quorum for
trata, s ,~fion of business.
B. The choirp~,, o....n shall be entitled to vote on a matter when it is ne. ces. sary to break
a fi,.e or ,to m~e a auo~.
C. When a eorn~j~ion~ has stepped down' because of a p0t,.ential conflict o.f
interest, he or she shall not be counted for purposes of establishing a quorum during
considerations undertaken while he or she is not sitting with the commission
Section 7. Section 2.36.050 (Special Meetings) of the Bainbridge Island
Municipal Code is deleted.
Section 8.... Section 2.36.060 of the Bainbridge Island Municipal Code is
mended as follows:
2.36.060 Public records.
e~a:..nv, an, Minutes of each meeting, includin~ a record of attend .ante, shall be prepared
by the secretary and approved and signed at t~e n:xt :tate,~ a subsequent..meeting. The
minutes do not need to reflect the actual discussion but only the formal actions taken by
the planning commission.
Secti0.n 9. A new section 2.36.075 is added to the Bainbridge Island
Municipal Code as follows'
2..3,,.6.0.75 Pl~ning St~ff.
.The p!__anni~n~ staff sh~!! perform .the following roles in its work with the planning
commission:
A. Provide .the inifi~! reeorc! which includes the standards of rehew, relevant municipal
code _and comprehensive pl__an provisions and provisions of other permitting agencies. The
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staff report shall in¢lud, e ~nding~ of fact .and conclusions, of la.w .based on evidence, in the
record.
B. Provide technical information and research, prep.are documents and maintain records.
Th.is includes dra~ing transmittal memos' r~rer~ _aring alternative findings and con¢l ..us. ions
when a_.opropriate; ~d obtaining legal opinions 'from the city_ att0mey.
C. Res.pond to que,s...ti0ns, an..d.discussion of proce.d.~, es.
D.. Assist.the eomrrfi.ssio.n...in ,articulating their collective will.
E. Set Up meeting room and prepare for meetings, provide cl.erical support and prepare
notices.
Section 10. Section 2.36.090 of the Bainbridge Island Municipal Code is
amended as follows:
2.36.090 Conflict of interest.
If a planning commission member is an applicant or a paid or unpaid advocate, agent or
representative for an applicant on a comprehensive plan amendment or land use permit or
approval that will be reviewed or considered by the planning commission, the planning
commission member shall not par[icipate in a decision or recommendation on the
application, and he or she .will be asked to leave the meeting facility prior to
¢o...mmencement of discussion of that agenda item
Section 11.
This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
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PASSED by the City Council this 8th day of May, 2002.
Darlene Kordonowy,
Susan P.. Kasl~r, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: April 4, 2002
PASSED BY THE CITY COUNCIL' May 8, 2002
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PUBLISHED: May 15, 2002 ; -
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EFFECTIVE DATE: May 20, 2002
ORDINANCE NUMBER: 2002-17