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HomeMy WebLinkAboutOrdinance No. 2837-2015Sponsored by: Council Member Molloy CITY OF KENAI ORDINANCE NO. 2837 -2015 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AXASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 14.05.015 - APPOINTAMENT TO PLANNING AND ZONING COMMISSION, TO ALLOW COUNCIL 1AMBERS TO MAKE NOMINATIONS FROM THE TIMELY APPLICANTS. 1 WHEREAS, the Planning and Zoning Commission of the City of Kenai is both a decision making and an advisory commission, unlike other city commissions, which are primarily advisory only; and, WHEREAS, KMC Section 14.05.015 sets forth an appointment procedure whereby only the Mayor may nominate an applicant: to serve as a commissioner, which nomination must be confirmed by the City Coincil; and, WHEREAS, because only the Mayor whom the Mayor has not nominated o. WHEREAS, allowing Council Mex Mayor's nomination will encourage commission; and, d /nominate applicants, qualified applicants do not re -apply for future openings; and, to nominate applicants in addition to the qualified persons to apply for openings on the WHEREAS, it is in the best interest of the City of Kenai to allow Council Members to make nominations, in addition to the Mayor's nomination, from the timely applicants for appointment to the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form- his is a code ordinance. Section 2. A endment of Section 14.05.015 of the Kenai Municipal Code: That Kenai Munid al Code Section 14.05.015 - Appointment to Planning and Zoning Commissio s hereby amended as follows: 14.05.015 Appointment to Planning and Zoning Commission. (a) /Public Notice — Application. (1) Whenever a term of a Commission member is to expire, and whenever a vacancy on the Commission occurs, the City Clerk shall notify the Council and advertise the notice of vacancy and request for applications, along with the New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2837 -2015 Page 2 of 3 deadline for filing an application. The application deadline shall be the same deadline as the Council observes for timely submissions to the City Clerk for inclusion of materials in the City Council meeting packet (as set by the policies and procedures of the Council) for the meeting at which the nomination for appointment is on the Council agenda. (2) The Clerk shall advertise the notice at least two (2) times a week for one (1) week by publication in a newspaper of general circulation, by posting on the City's website, and by posting in at least three (3) other public places in the City, one (1) of which shall be the official bulletin board of the City at City Hall. The last date of newspaper publication shall be no later than seven (7) days before nomination for appointment by the Mayor at a Council meeting. (3) An applicant shall file with the City Clerk a completed application for appointment to the Commission on a form provided by the Clerk. All applications filed by the advertised deadline, including those previously on file, shall be placed in the Council packet for the meeting where the nomination is made. (b) Nomination Procedure. Consideration shall be given to the qualifications and merits of each applicant. The Mayor shall make nominations only from the list of persons who timely submitted an application as provided in subsection (a)(3). Council Members may make additional nominations from the timely applicants. The Council may re -open the application period. (c) Confirmation by Council. The Kenai City Council shall review the Mayor's nomination and any additional nominations no later than the next regular Council meeting following the meeting in which the Mayor and other Council Members made the nominationll, at which time the Council shall consider whether to confirm the nomination1si.If there is more than one nominee, confirmation shall be by majority vote. (d) Term of Office. Members of the Planning and Zoning Commission shall be appointed for a term of three (3) years. Terms shall end on December 31st of the third year. In the event a seat has six (6) months or less remaining to the unexpired term, an applicant or applicants may be nominated [THE MAYOR MAY CHOOSE TO NOMINATE AN APPLICANT] for appointment to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired term, and the Council may confirm the appointment of the applicant to the remainder of the current term as well as to the full term. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED[ Ordinance No. 2837 -2015 Page 3 of 3 Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of June, 2015. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: June 3, 2015 Enacted: June 17, 2015 Effective: July 17, 2015 New Text Underlined; [DELETED TEXT BRACKETED] "'Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: FROM: DATE: Mayor Pat Porter and City Council Members Council Member Bob Molloy May 28, 2015 SUBJECT: Ordinance No. 2837 -2015 The purpose of this ordinance is to allow Council Members to make nominations, in addition to the Mayor's nomination, from the timely applicants for appointment to the Planning and Zoning Commission. Among other things, this ordinance addresses the Mayor's opinion in her May 14, 2015 Memo on Ordinance No. 2829 -2015 that City residents' interest in serving on the Planning and Zoning Commission is low. In my opinion, if City residents' interest is low, a substantial contributing factor is that only the Mayor can nominate an applicant for an opening on the Commission. Qualified applicants whom the Mayor has not nominated often do not re -apply for future openings, even if she or he might be supported by other Council Members, because the passed -over applicant has little hope of being nominated. Allowing Council Members to also nominate an applicant will encourage more qualified persons to apply for openings on the commission. The proposed change to subsection (b) Nomination Procedure allows Council Members to make additional nominations from the timely applicants. This would be nominations from the floor. Motions and seconds are not required for nominations. In subsection (c) Confirmation by Council, the current time frame for confirmation vote is no later than the next regular Council meeting following the meeting in which the Mayor made the nomination. The proposed changes to subsection (c) Confirmation by Council keep the same time frame for confirmation vote on all nominations if there is /are additional nomination(s) by Council Member(s), and also provide that confirmation shall be by majority vote. It is my understanding from our parliamentarian, the City Clerk, that if there is more than one nominee, then the procedure would be a roll call vote in the order of the nominations made. Your support of Ordinance 2837 — 2015 is respectfully requested.