HomeMy WebLinkAboutItem VIII-A-4WASHINGTON
AGENDA BILL APPROVAL FORM
A.qenda Subject
Ordinance No. 5785
Department: Legal
IAttachments:
Ordinance No. 5785
Date:
7/31/2003
Budget Impact:
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 5785.
Background Summary:
The current provisions of the Auburn City Code require that development agreements, as defined in
Chapter 14.18 of the City Code shall be approved by ordinance. In this regard, ordinances are typically
called for to adopt or amend legislative enactments that are of a permanent nature or that affect the City
generally (City-wide). Ordinances also have a greater formality associated with their adoption
(publication, delays in effective date, etc.). That makes ordinances more cumbersome than their
legislative counterpart, resolutions. Resolutions are effective immediately upon passage and being
signed, and do not require publication. (Even publications by summary, a tool available for ordinances, is
not required for resolutions.)
Accordingly, it would be to the advantage of the City for its code to provide flexibility in terms of the
approval of development agreements. Except where the process requires (by statute) that approval be
by ordinance the resolution process should suffice. Typically, agreements are approved by the City
Council through resolution rather than ordinance. Where no particular mode of act on s prescr bed by the
law, any authorized action of a municipality may be taken by resolution or by ordinance. State ex rel
Sylvester vs. Superior Court, 60 WASH 279, 287, 111 PAC. (1910). Accord LaMon vs. City of Westport
22 Wn. App. 215, 588 P.2d 1205 (1978); State ex rel Morrison vs. City of Seattle 6 Wn. App. 181,492
P.2d 1078 (1971).
RCW 36.70B.200 specifies that a development agreement may be approved by ordinance or resolution,
so long as a public hearing has been held. The amendments to the code sections involved in the
accompanying ordinance merely changes the approval mechanism from ordinance to resolution. It would
still go before the City Council and would still call for a majority approval vote. It would not, however,
include a delay in effective date nor publication requirements.
Accordingly, the change that would result from the proposed ordinance would be to simplify the approval
process where the legislative action is approving a development agreement. It would still be necessary,
of course, to use ordinances for changes to the City Code and for permanent, City-wide enactments.
PCDC~AMEND 14.18 ORD 5785
L0804-2
A3.13.20
Reviewed by Council & Committees:
[] Arts Commission COUNCIL COMMITTEES:
[] Airport [] Finance
[] Hearing Examiner [] Municipal Serv.
[] Human Services [] Planning & CD
[] Park Board I-IPublicWorks
[] Planning Comm. [] Other
Reviewed by Departments & Divisions:
[] Building [] M&O
[] Cemetery [] Mayor
[] Finance [] Parks
[] Fire [] Planning
[] Legal [] Police
[] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No
Referred to Until __
Tabled Until
Councilmember: Borden
Meeting Date: July 28, 2003
Call for Public Hearing
/ /
/ /
/ /
Staff: Held
Item Number: VIII.A.4
/~UBUP~[~ * MORE THAN YOU IMAGINED
ORDINANCE NO. 5785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 14.18.060
AND 14.18.080 OF THE AUBURN CITY CODE RELATING TO
APPROVAL OF DEVELOPMENT AGREEMENTS
WHEREAS, according to the provisions of the current Auburn City Code,
development agreements, which come into play in connection with various
development activities involving property located within the Cit~ of Auburn, are
approved by ordinance; and
WHEREAS, because the formal requirements of ordinanCes are sometimes
more cumbersome and certainly involve greater time restrictions than those
involved for resolutions, unless state law requires approval of agreements by
ordinance, it would be advantageous for the City to approve development
agreements through resolution rather than ordinance; and
WHEREAS, it would therefore be appropriate for the sections of the City
Code calling for approval of development agreements to be amended to specif~
that the agreements may be approved by the City Council by resolution rather than
requiring ordinance approval.
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance 5785
July 22, 2003
Page 1
Section '1. That section 14.18.060 of the Auburn City Code is amended
to read as follows:
14.18.060
A. Upon
City Council Review.
receipt of the planning and community development
committee's recommendation, the City Council shall, at its next
public meeting, approve, remand the recommendation to the
committee or schedule a closed record hearing. Any aggrieved
person may request the Council to conduct its own closed record
hearing. The Council can only amend or reject the committee's
recommendation.
If the Council holds its own closed record hearing on a prOposed
development agreement,, the council shall consider the findings,
conclusions and recommendations of the planning and community
development committee public hearing. After conducting its own
closed record hearing the council, may approve, approve with
conditions, reject or return the application to the application for
corrections or modifications.
When the Council makes its decision on the development
agreement, it shall,~.....~,.'-'~,--,* .~,, .... ..,..,,,.~,,,,,.'~; ..... pass a resolution prepared by
the city attorney. ~ A resolution prepared under this
subsection shall include formal findings of fact and conclusions
supporting the decision. If the development meets all city
development standards, the findings shall affirm that the
development conforms with all applicable City development
standards. If the development agreement allows modifications from
some City standards, the modifications shall be specified in the
resolution. (Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
Section 2. That section 14.18.080 of the Auburn City Code is amended
to read as follows:
14.18.080 Notice of decision to applicant.
A. Following o'~"'~'*;"'" '''~ .... '~ ..... ,,~,~" of a resolution approving
or rejecting a development agreement, the director shall notify the
applicant of the decision. The notice shall be accompanied by a
copy of the o'~","*~,~ ~'~; ..... -,~",~ resolution. If the
erdiP, aP, c~resolution is to approve the development agreement, the
Ordinance 5785
July 22, 2003
Page 2
Bo
notice shall advise the applicant that the development agreement
must be signed by the applicant and recorded by the county
assessor's office. The development agreement must be returned to
the city prior to the issuance of the water and/or sewer availability
certificates.
The development agreement must be approved by the City prior to
any application, plans or other submittals that are submitted to the
county. Any such submittal shall be consistent with the requirements
of the development agreement. (Ord. 5306 § 1, 1999; Ord. 5170 § 1,
1998; Ord. 4872 § 1, 1996.)
Section 3. SEVERABILITY. If any provision of this Ordinance or its
application to any person or circumstance is held invalid,, the remainder of the act
or the application of the provision to other persons or circumstances shall not be
affected
Section4. ADMINISTRATIVE AUTHORITY. The Mayor is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directives of this legislation.
Section $. EFFECTIVE DATE. This ordinance shall take effect and be in
force five (5) days from and after its passage and publication as required by law.
INTRODUCED:
PASSED:
APPROVED:
PETE LEWIS
MAYOR
Ordinance 5785
July 22, 2003
Page 3
ATTEST:
Danielle E. Daskam,
City Clerk
Published:
Ordinance 5785
July 22, 2003
Page 4