HomeMy WebLinkAboutOrdinance No. 2829-2015M
CITY OF KENAI
LANCE NO. 2829 -2015
Sponsored by: Mayor Porter
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 1.90.030 - QUALIFICATIONS, TO ALLOW UP TO
ONE OF THE SEVEN MEMBERS OF THE PLANNING AND ZONING COMMISSION TO
BE NON - RESIDENTS IF THEY OWN A BUSINESS LOCATED WITHIN THE CITY AND
MAKING OTHER HOUSE KEEPING CHANGES.
WHEREAS, Kenai Municipal Code section 1.90.030 - Qualifications, provides the
general and specific qualifications for City board, commission and committee members;
and,
WHEREAS, the Kenai Municipal Code requires all seven of the planning and zoning
commissioners to be residents of the City; and,
WHEREAS, interest among qualified residents to serve on the planning and zoning
commission has been low; and,
WHEREAS, allowing a non resident that owns a business physically located in the City
will expand the available pool of planning and zoning commissioners while continuing
to reasonably limit the opportunity to those that have an interest in the community;
and,
WHEREAS, subsection (b) of KMC 1.90.030 should be amended to eliminate the
redundancy in qualifications for other boards, commissions and committees related to
non - residents working part time in the City; and,
WHEREAS, at its meeting of May 27, 2015, the Planning and Zoning Commission held
a public hearing and recommended Council not approve this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Section 1.90.030 of the Kenai Municipal Code: That Kenai
Municipal Code, Section 1.90.030 - Qualifications, is hereby amended as follows:
1.90.030 Qualifications.
(a) A member of a board, commission or committee must be a resident of the City of
Kenai, unless the board, commission or committee is specifically exempted by Council
from this requirement. The member cannot be an officer or employee of the City of Kenai.
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Ordinance No. 2829 -2015
Page 2 of 2
Council from this requirement. The member cannot be an officer or employee of the
City of Kenai. If any member should move his or her residence from the corporate
limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai,
or shall be elected or appointed as an officer or employee of the City of Kenai, the
service of such member shall terminate immediately. He or she should be aware that
he or she will serve without salary, but will be reimbursed for all reasonable expenses
incurred in connection with this service, only after approval by Council.
(b) The Beautification Committee, and Harbor, Library, and Parks and Recreation
Commissions may at the discretion of the Council have[:(1)] up to two [(2)] non-
resident members each[; OR (2) HAVE ONE (1) MEMBER WHO DOES NOT RESIDE IN
THE CITY BUT WORKS AT LEAST ONE -HALF TIME WITHIN THE CITY].
Physically located in the City. This provision specifically does not create a designated
seat for a non - resident.
Section 3. Severability: That 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.
Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1511, day of July,
2015.
A E
Sardj Modigh, City Clerk
1'��J
PAT PORTER, MAYOR
Introduced: May 20, 2015
Enacted: July, 15, 2015
Effective: August 15, 2015
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Ordinance No. 2829 -2015
Page 2 of 2
If any member should move his or her residence from the corporate limits of the City of
Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or
appointed as an officer or employee of the City of Kenai, the service of such member
shall terminate immediately. He or she should be aware that he or she will serve without
salary, but will be reimbursed for all reasonable expenses incurred in connection with
this service, only after approval by Council.
(b) The Beautification Committee, and Harbor, Library, and Parks and Recreation
Commissions may at the discretion of the Council have[:(1)] up to two [(2)] non - resident
members each[; OR (2) HAVE ONE (1) MEMBER WHO DOES NOT RESIDE IN THE CITY
BUT WORKS AT LEAST ONE -HALF TIME WITHIN THE CITY].
located in the City.
Section 3. Severability: That 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.
Section 4. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July,
2015.
PAT PORTER, MAYOR
ATTEST:
Sandra Modigh, City Clerk
Introduced: May 20, 2015
Enacted: July, 15, 2015
COUNCIL REFERRED TO: �Cl'u►� �s`�+� Effective: August 15, 2015
Date: CQ 13 15
Return By: ��R�IS_
&"A
New Test Underlined; [DELETED TEXT BRACKETED]
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� �the city a /,
"Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014
www.kenai.city
MEMORANDUM
TO:
Council Members
FROM:
Mayor Porter
DATE:
May 14, 2015
SUBJECT:
Ordinance No. 2829 -2015, P &Z Commission 1.90.030
Interest by City residents in serving on the Planning and Zoning Commission has
historically been low. City code allows for certain other commissions to have non-
residents serve as commissioners but not the Planning and Zoning Commission.
Expanding the potential applicant pool of Planning and Zoning Commissioners to allow
for two members of the seven member commission to be non - residents that either owns a
controlling interest in property or a business located within the City is intended to make it
easier to find interested qualified commissioners. Requiring the non- residents to either
own a business or property in the City will assure their service would be in the best
interest of the City. Other local communities such as Soldotna and Homer allow for two
and one planning and zoning commissioners to be non- residents respectively. This is
also a standard practice throughout the country. The City Attorney has informed me that
there is no specific prohibition against the City allowing two non - residents to serve on the
City's Planning and Zoning Commission.
The proposed Ordinance also cleans up a house keeping issue with this section of code.
As it currently exists subsection (b) of KMC 1.90.030 allows for other commissions to
have up to two non - residents or one non - resident that works part time in the City. It is not
necessary to specifically allow one non - resident that works part time in the City when a
commission can already have two non - residents without any other restrictions. The
Ordinance would delete the reference to a non - resident that works part time in the City.
Your consideration is appreciated.
MEMO:
"Klla9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1111P
1992
TO: Mayor & City Council Members
FROM: Sandra Modigh, City Clefl�
DATE: June 3, 2015 `
SUBJECT: Recommended Amendment to Ordinance No. 2829 -2015
At its meeting on May 27, 2015, the Planning and Zoning Commission failed Resolution
No. PZ15 -14 recommending the City Council amend Kenai Municipal Code as outlined
in Ordinance No. 2829 -2015, allowing up to two of the seven members of the Planning
and Zoning Commission to be non - residents if they either own property or a business
within the City.
In the 6th WHEREAS of Ordinance No. 2829 -2015, the following amendment is
recommended to insert the language, "not approve" in the blank provided. Whereby the
WHEREAS would read as follows:
WHEREAS, at its meeting of May 27, 2015, the Planning and Zoning Commission held
a public hearing and recommended Council not approve this Ordinance.
Your consideration is appreciated.
"Villa9e with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1IIII1
1992
MEMORANDUM:
TO: Mayor and City Council
n�THRU: Rick Koch, City Manager
11 FROM: Matt Kelley, City Plannerk
DATE: June 3, 2015
SUBJECT: Item D.2 — Ordinance No. 2829 -2015
At their meeting on May 27, 2015, the Planning & Zoning Commission failed to pass Resolution
PZ15 -14 recommending the City Council amend Kenai Municipal Code section 1.90.030 —
Qualifications, to allow up to two of the seven members of the Planning and Zoning commission
to be non - residents if they either own property or a business located within the city and make
other housekeeping changes.
Attached to this memorandum is the Commission's failed resolution.
Thank you for your consideration.
Attachment:
Planning & Zoning Resolution No. PZ15 -14
NO
""V
llaye with a Past, Gc� with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -14
A RESOLUTION OF THE PLANNING AND ZONING CON
KENAI, ALASKA, RECOMMENDING THE CITY COUNCIL
CODE SECTION 1.90.030 - QUALIFICATIONS, TO ALL
SEVEN MEMBERS OF THE PLANNING AND ZONING /<
RESIDENTS IF THEY EITHER OWN PROPERTY OR IBL
THE CITY AND MAKE OTHER HOUSEKEEPING C114NGE
WHEREAS, Kenai Municipal Code section 1.90.
and specific qualifications for City board, comet
WHEREAS, the Kenai Municipal Code
commissioners to be residents of the Cit
WHEREAS, interest among qi
commission has been low; and,
WHEREAS, allowing non re
City or own property in the
commissioners while contin
interest in the community; ai
all
WN OF THE CITY OF
_ND KENAI MUNICIPAL
UP TO TWO OF THE
MISSION TO BE NON -
ESS LOCATED WITHIN
Provides the general
members; and,
of the planning and zoning
to serve on the planning and zoning
!efts that either of n � business physically located in the
will expand the Ilable pool of planning and zoning
to reasonably limit the opportunity to those that have an
WHEREAS, subsection/"(b) of KMC 1.90.030 should be amended to eliminate the
redundancy in qualifications for other boards, commissions and committees related to
non - residents workirfg part time in the City; and,
NOW, THEREFORE BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 2829 -2015, AS
ATTACHED HERETO TO ALLOW UP TO TWO NON RESIDENTS THAT EITHER OWN
PROPERTY OR A BUSINESS LOCATED WITHIN THE CITY OF KENAI TO SERVE ON
THE PLANNING AND ZONING COMMISSION.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 27 TH DAY OF MAY, 2015,
CHAIRPERSON:
Jeff Twait, Chairperson
TTEST:
Sandra Modigh, City Clerk
"'Villaye with a Past, C# with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 mma
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tlllll
1992
\/
MEMORANDUM:
TO: Rick Koch, City Manager
FROM: Matt Kelley, City Planner
DATE: July 9, 2015
SUBJECT: Ordinance No. 2829 -2015
At the meeting of May 27, 2015 the Planning and Zoning Commission heard PZ15 -14, an
amendment to Kenai Municipal Code Section 1.90.030 — Qualifications. The proposed
amendment was to allow up to two of the seven members of the Planning and Zoning
Commission to be non - residents if they either own property or a business located within the City
and make other housekeeping changes. At this meeting the Commission did not approve the
Resolution and further recommended that the City Council not approve this Ordinance.
At their meeting of June 3, 2015 the City Council voted to amend the above referenced
Ordinance to allow up to one member of the Planning and Zoning Commission to serve if they
own a business physically located within the City. Furthermore, at this meeting City Council
directed the Planning & Zoning Commission to hear the revisions and return the proposed
Ordinance to them at their July 15, 2015 meeting.
The Planning and Zoning Commission held a Work Session on June 24, 2015 to discuss the
proposed Ordinance and provided additional direction to staff. Among the discussion was to
add language regarding a provision that specifically does not create a designated seat for a
non - resident. The Planning and Zoning Commission was concerned that without language
specifically stating that the seat was not a designated seat, Code could potentially be
interpreted to allow such a requirement.
At their meeting of July 8, 2015, the Planning and Zoning Commission heard PZ15 -21; a revised
Ordinance to amend Kenai Municipal Code Section 1.90.030 — Qualifications. The Commission
reviewed the revised language specifically stating that the seat would not be a designated seat
and passed the Resolution unanimously. The Planning and Zoning Commission recommends
that the City Council approved the proposed amended Ordinance..
Attached to this memorandum is the Commission's signed Resolution.
Thank you for your consideration.
Attachment:
Planning & Zoning Resolution No. PZ15 -21
"V11149e with a Past, Gc�y with a Future"
ue, Kenai, Alaska 99611 -7794
283 -7535 / Fax: 907 - 283 -3014
vww.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -21
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE SECTION 1.90.030 - QUALIFICATIONS, TO ALLOW UP TO
ONE OF THE SEVEN MEMBERS OF THE PLANNING AND ZONING COMMISSION TO
BE NON - RESIDENTS IF THEY OWN A BUSINESS LOCATED WITHIN THE CITY AND
MAKING OTHER HOUSE KEEPING CHANGES.
WHEREAS, Kenai Municipal Code section 1.90.030 - Qualifications, provides the general
and specific qualifications for City board, commission and committee members; and,
WHEREAS, the Kenai Municipal Code requires all seven of the planning and zoning
commissioners to be residents of the City; and,
WHEREAS, interest among qualified residents to serve on the planning and zoning
commission has been low; and,
WHEREAS, allowing a non resident that owns a business physically located in the City
will expand the available pool of planning and zoning commissioners while continuing to
reasonably limit the opportunity to those that have an interest in the community; and,
WHEREAS, subsection (b) of KMC 1.90.030 should be amended to eliminate the
redundancy in qualifications for other boards, commissions and committees related to
non - residents working part time in the City; and,
NOW, THEREFORE BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 2829 -2015, AS
ATTACHED HERETO, TO ALLOW THE PLANNING AND ZONING COMMISSION TO
HAVE UP TO ONE MEMBER THAT IS NOT A RESIDENT OF THE CITY IF THEY HAVE
A CONTROLLING OWNERSHIP INTEREST IN A BUSINESS PHYSICALLY LOCATED
IN THE CITY. THIS PROVISION SPECIFICALLY DOES NOT CREATE A DESIGNATED
SEAT FOR A NON - RESIDENT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 8th DAY OF JULY, 2015.
CHAIRPERSON:
Twait, Chairperson an ra Modigh, City