HomeMy WebLinkAboutResolution No. 2021-65Sponsored by: Council Member Jim Glendening
KENAI
CITY OF KENAI
RESOLUTION NO. 2021-65
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING KENAI
PENINSULA BOROUGH ORDINANCE 2021-40, AN ORDINANCE AMENDING KPB 2.40.015
REGARDING PLANNING COMMISSION MEMBERSHIP AND APPORTIONMENT.
WHEREAS, Resolution 2016-31 opposed Kenai Peninsula Borough Ordinance 2016-25 as
introduced, which proposed to reduce Borough Planning Commission membership from 13 to 9
and eliminate the designated seat for the City of Kenai; and,
WHEREAS, Kenai Peninsula Borough Ordinance 2016-25 Substitute amended Borough Code
2.40.010 to reduce the Borough's Planning Commission membership from 13 members, including
one member from each of the five first class or home rule cities of the Borough, to 11 members,
without providing a process for how the five cities would share the four remaining city seats; and,
WHEREAS Kenai Peninsula Borough Code 2.40.010 does not identify specific city seats, how
they would equitably rotate each year and term, or require that the 5 city seats be filled by a
resident of the respective cities; and,
WHEREAS, Kenai Peninsula Borough Ordinance 2021-40, which has been introduced and is
scheduled to be heard on December 7, 2021, would re-establish the number of Borough planning
commissioners at 13; and,
WHEREAS, the Ordinance would also establish a designated seat for the cities of Homer, Kenai,
Soldotna, Seward, and Seldovia and require that the individual appointed to that seat be a resident
of the respective city; and,
WHEREAS, current Borough policy requires that each Council provide a list of recommendations
with more than one applicant, limiting the ability of the respective Council to comply with the policy
in instances where only one applicant applies for a city seat; and,
WHEREAS, that same policy does not require that an individual that is appointed to a City seat
be a resident of the respective City; and,
WHEREAS, the City of Kenai has the largest population of any city in the Borough, with a
population of 7,424, or approximately 12% of the Kenai Peninsula Borough, according to the 2020
Census data; and,
WHEREAS, membership on the Borough's Planning Commission allows the City to provide input
and weigh in on important development and economic activities that affect the City; and,
WHEREAS, specific representation on the Borough's Planning Commission for municipalities and
population centers is critical as evidenced by the Alaska Statute 29.40.020 which sets out a
specific apportionment for home rule and first class cities located in the borough; and,
Resolution No. 2021-65
Page 2 of 2
WHEREAS, it is in the best interests of the residents of the City of Kenai to be served by
representation on the Borough's Planning Commission as well as the residents of our neighboring
home rule and first class cities within the Borough by re-establishing the number of Borough
planning commissioners to 13 and reinstituting City seats.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
Section 1. The Council supports Kenai Peninsula Borough Ordinance 2021-40 as introduced
and recommends the Kenai Peninsula Borough Assembly reestablish designated seats for the
cities of Homer, Kenai, Soldotna, Seward, and Seldovia, and clarify that a Kenai Peninsula
Borough planning commissioner representing a city must be a resident of that city, and a list have
at least one name.
Section 2. That a copy of this Resolution be forwarded to the Kenai Peninsula Borough
Assembly, Mayor Pierce and the Kenai Peninsula Borough Planning Commission.
Section 3. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of November, 2021
BRIAN GABRIEL, SR., MAYOR
Heinz, MMC, City Clerk
t+ `. r ,s
DED''
.V
��v KENAI
City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city
MEMORANDUM
TO: Mayor Gabriel and Council Members
FROM: Council Member Jim Glendening
DATE: October 25, 2021
SUBJECT: Resolution 2021-65 — Supporting Kenai Peninsula Borough Ordinance
2021-40, Amending KPB 2.40.015 Regarding Planning Commission
Membership and Apportionment
The Kenai Peninsula Borough Assembly will be considering Ordinance 2021-40, Amending KPB
2.40.015 regarding Planning Commission Membership and Apportionment at its December 7,
2021 meeting. This Ordinance re-establishes city seats, including the City of Kenai, on the
Borough Planning Commission, which were reduced by Kenai Peninsula Borough Ordinance
2016-25 Substitute.
Since the enactment of Ordinance 2016-25, which was opposed by the City of Kenai at
introduction, the five home rule and first class cities of the Borough, including Homer, Kenai,
Soldotna, Seward, and Seldovia have shared four city seats by rotation. Kenai Peninsula
Borough Code does not provide clarity as to how these seats would be distributed; however, the
current policy of rotation means that at all times, one of these cities will not have representation
on the Borough's Planning Commission for matters of importance to that city.
As the city with the largest population in the Borough, it is important that the City of Kenai has
representation on the Borough's Planning Commission and not be required to share a rotating
seat. Re-establishing the city seat lost by the enactment of Ordinance 2016-25 Substitute by re-
establishing these seats and clarifying that the commissioner serving on a city seat must be a city
resident, and a list have at least one name is in the best interests of residents of Kenai as well as
the greater Kenai community.
Your consideration is appreciated
Introduced by:
Cox, Chesley
Date:
10/26/21
Hearing:
12/07/21
Action:
Vote:
KENAI PENINSULA BOROUGH
ORDINANCE 2021-40
AN ORDINANCE AMENDING KPB 2.40.015 REGARDING PLANNING COMMISSION
MEMBERSHIP AND APPORTIONMENT
WHEREAS, Ordinance 2016-25 (Mayor) Substitute reduced the planning commission
membership from 13 members to 11 members, but did not specify how city seats
would be distributed; and
WHEREAS, AS 29.40.020(a) requires that planning commission membership be apportioned so
that the number of members from home rule and fust class cities reflects the
proportion ofboroughpopulation residing in home rule and first class cities located
in the borough; and
WHEREAS, based on current census information the required apportionment ratio for an 11
member planning commission would be 7 at -large seats and 4 city seats; and
WHEREAS, there are five incorporated fust class or home rule cities within the borough; and
WHEREAS, current code does not identify specific city seats or how they would equitably rotate
each year and term; and
WHEREAS, Kenai Peninsula Borough cities have voiced a preference to continue having each
of their cities represented on the planning commission each year, and
WHEREAS, based on current census information the required apportionment ratio, for all 5 cities
to have a seat on the planning commission each year, the planning commission must
be composed of at least 13 members with 8 at -large seats; and
WHEREAS, it is in the best interest of all affected parties that this issue be resolved and defined
in code by establishing the seats apportionments that work for all parties while
remaining in compliance with state statute; and
WHEREAS, clarity of code is of the utmost importance; and
WHEREAS, the assembly, as the legislative branch of the borough, has the responsibility to
define and clarify any portions of KPB code that may come under scrutiny due to
opposing interpretations or views as to its meaning; and
�..� Kenai Peninsula Borough, Alaska New Text Underline d;IDELErEDTexTBancrxMD) Ordinance2021-00
Page 1 of 4
WHEREAS, borough code is unclear as to wbether or not borough residents who live outside a
first class or home rule city's boundaries are eligible to serve as a planning
commissioner in a city seat; and
WHEREAS, all members are subject to appointment by the mayor and conflnnation by the
assembly, provided that members serving on city seats must be selected by the
mayor from a list of recommendations submitted by the city council; and
WHEREAS, borough code and state law are unclear as to whether or not the required list of
recommendations from a city council for their respective commission seat must
include more than one recommended applicant; and
WHEREAS, the Kenai Peninsula Borough Planning Commission at its regularly scheduled
meeting of 2021 recommended
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI
PENINSULA BOROUGH:
SECTION 1. That KPB 2.40.015 is hereby amended as follows:
2.40.015. Membership Apportionment.
In accordance with AS 29.40.020(a):
A. The planning commission shall consist of a maximum of [ELEVEN] thirteen
members. Commission membership shall be apportioned so that the number
of members from home rule and first class cities reflects the proportion of
borough population residing in home rule and first class cities located in the
borough. No more than one member of the commission may be from any
single home rule or first class city in the borough unless more are required
to satisfy the statutory apportionment ' requirement.
B. City Seats. A city resident [MEMBER] serving on a planning commissioner
city seat shall be selected by the mayor from a list of recommendations
submitted by the council. The list will consist of at least one applicant from
the respective city whose city seat is vacant or expiring [OF ANY CITIES FROM
WHICH NO MEMBER WILL BE ON THE COMMISSION WHEN THE VACANCY IS
EFFECTIVE, UNLESS APPORTIONMENT REQUIRES MORE THAN ONE MEMBER
FROM A CITY. N THAT EVENT ALL ELIGIBLE CITY COUNCILS MAY SUBMIT A
LIST OF RECOMMENDATIONS FOR THE ADDITIONAL SEAT PROVIDED THAT NO
CITY MAY HAVE GREATER THAN ONE MEMBER MORE THAN ANY OTHER HOME
RULE OR FIRST CLASS cmy.] Appointments shall be subject to confirmation
by the assemhly. The city seats are as follows:
lVs Ordinance 2021-40 New Text Underlined; (DELETED TExT BRAcxnTED) Kenai Peninsula Borough, Alaska
Page 2 of 4
L
1. Homer:
2. Kenai:
3. Seldovia:
4. Seward-, and
5. Soldotna.
[B] C. At -Large Seats. Planning commissioners residin> [FROM] outside of first
class and home rule cities shall be appointed at -large by the mayor and
confirmed by the assembly and may be as representative of the following
geographic areas as practical:
1. East Peninsula;
2. Southwest Borough;
3. Anchor Point/Ninilcbik[/CLAM GULTCH/KASILOF];
4. Clam Gulch/Kasilof:
5 j4.) KalifomskyBeach;
6.[5.] Ridgeway;
7.[6.] Sterling;
8.[7.] Northwest Borough.
[THE GEOGRAPHIC AREAS REFERENCED IN THIS SECTION ARE DEPICTED IN
THE MAP ON FILE AT THE BOROUGH CLERK'S OFFICE BEARING THE BOROUGH
SEAL AND IDENTIFIED AS THE PLANNING APPORTIONMENT MAP APPROVED IN
ORDINANCE 2001-29.1
[C] 2. All planning commission members shall be appointed for their expertise and
knowledge of the community and shall represent the entire borough.
SECTION 2. Tbis ordinance becomes effective immediately upon enactment.
Kenai Peninsula Borougb, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2021-40
Page 3 of 4
ENACTED BY THE ASSEMBLY OF THE IKENAI PENINSULA BOROUGH THIS * DAY
OF * 2021.
, Assembly President
ATTEST:
Johni Blankenship, MMC, Borough Clerk
Yes:
No:
Absent:
Lf Ordinance 2021-40 New Text Underlined; [DEIErED TEXr BxnCIc MD] Kcnai Peninsula Borough, Alaska
Page 4 of
Docu&gn Envelope ID: 313C4FCE-D7C2-4OE9-A2A5-BC4F2EBC92F5
Kenai Peninsula Borough
Assembly
MEMORANDUM
TO: Assembly President
Members, Kenai Peninsula Borough Assembly
FROM: Tyson Cox, Assembly Member -3C1
Lane Chesley, Assembly Member
DATE: October 14, 2021
SUBJECT: Ordinance 2021-40 Amending KPB 2.40.015 Regarding Planning
Commission Membership and Apportionment (Cox, Chesley)
This ordinance amends KPB 2.40.015 to clarity code pertaining to planning
commission membership and apportionment.
The Assembly will have three questions to contemplate:
How many city seats should be on the planning commission?
The KPB currently has an eleven -member planning commission, There are four
city seats which are subject to an informal rotation between five home rule/first
class cities and seven at -large seats. This aligns with apportionment rules, but
is difficult, if not, impossible to accomplish with five cites rotating four, 3 -year
term seats. it is mathematically impossible to create an equitable rotation. This
is most likely why Ordinance 2016-25 did not specify how city seats would be
distributed:
This ordinance would change the number of planning commissioners from
eleven back to thirteen with each of the five home rule or first class cities within
the borough having a seat and eight at -large seats. This change would solve
the rotation dilemma the borough currently has. It would solve any argument
between the cities and the borough as to which cities are to be left on the
commission and which cities will be required to sit out.
Should cities be required to submit more than one applicant to the KPB Mayor For
selection to the planning commission?
This year the KPB Mayor and legal department have made it known that they
interpret stote statutes and borough code to say that the city -approved list of
recommendations submitted to the mayor should be more than one person.
The city of 5oidotna understands the same statutes and code to allow for a list
to consist of only one applicant. Over the past several years most cities have
only submitted one applicant for their designated planning commission seat,
DocuSign Emelope ID. 303C4FCE-07C240E9-AZA3-BC4F2EBC92F5
as neither borough code nor state statutes designate the specific number of
applicants required to be considered a list. Several KPB Mayors have
accepted lists with only one city seat applicant, including our current KPB
Mayor.
This ordinance would specify that the list of recammendations given to the
borough mayor as appraved by the city council would consist of at least one
applicant from the respective city. In this case one applicant seems the best
definition for a list because we often have very few people who choose to
apply to serve as a commissioner. If two or more applicants were required, a
process would need to be defined to deal with the situation of a city with only
one applicant willing to serve on the commission.
Should any eligible resident of the borough be allowed to apply for planning
commission city seat or should the applicant be required to be a resident of that
city?
Recently the KPB Mayor and legol department made it clear that they believe
state law allows for any eligible KPB resident to apply for a planning
commission city seat. The city representatives and constituents that we have
spoken with do not feel the same. Many of them disagree with this
interpretation of the law.
This ordinance would specify that an applicant for a city seat on the planning
commission would be required to be a resident of the respective city. Defining
who can be seated in a city seat on the planning commission would eliminate
any argument that the apportionment to the unincorporated borough could
be too high to comply with State of Alaska requirements. If city seats were to
be filled with residents from outside the cities, the cities would be inequitably
served on the commission.
Your consideration of this ordinance is appreciated.
Uj