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HomeMy WebLinkAboutOrdinance No. 3254-2021KENAI CITY OF KENAI ORDINANCE NO. 3254-2021 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 14.05.025 —TELEPHONIC PARTICIPATION AT PLANNING AND ZONING COMMISSION MEETINGS, TO PROVIDE FOR REMOTE ELECTRONIC PARTICIPATION IN PLANNING AND ZONING COMMISSION MEETINGS BY COMMISSION MEMBERS. WHEREAS, telephonic participation in Planning and Zoning Commission meetings was provided to increase participation by allowing members to take part in meetings when work or family matters require their absence from Kenai; and, WHEREAS, during the COVID-19 Public Health Emergency ordinances were suspended allowing for remote electronic participation, virtually; and, WHEREAS, providing virtual remote electronic participation has proved to provide a better experience for the Commission member participating remotely and those participating in-person; and, WHEREAS, at their regular meeting on October 13, 2021, the Planning and Zoning Commission unanimously supported amending KMC 14.05.025 to allow for remote electronic participation; and, WHEREAS, the Council recognizes that it is vital for Planning and Zoning Commission members to have effective participation in meetings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Amendment of Section 14.05.025 — Telephonic participation at Planning and Zoning Commission meetings of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.05.025 — Telephonic participation at Planning and Zoning Commission meetings, is hereby amended as follows: 14.05.025 [TELEPHONIC] Remote electronic participation at Planning and Zoning Commission meetings. (a) Except as otherwise provided in subsection jam, if at least a quorum is physically. present at a Commission meeting, other commissioners may participate via [TELEPHONE] electronic means in the Commission meeting, if the commissioner declares that circumstances prevent physical attendance at the meeting. If the chair chooses to participate via [TELEPHONE] electronic means, the vice -chair shall preside. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3254-2021 Page 2 of 4 (b) No more than the first two (2) commissioners to contact the Clerk's office regarding [TELEPHONE] remote electronic participation in a particular meeting may participate via [TELEPHONE] remote electronic means at any one (1) meeting. (c) The commissioner shall notify the Clerk's office in writing as soon as reasonably practical, but not less than six (6) hours prior to the start of the Commission meeting that the member proposes to attend by [TELEPHONE] remote electronic means. Such notification shall state whether such [TELEPHONIC] remote electronic participation is pursuant to subsection u or u, and, if needed, shall provide the physical address of the location, the telephone number, and any available facsimile, email, or other document transmission service. Failure to provide the notification within the period of time provided herein shall result in the member's exclusion from attendance of a Commission meeting through [TELEPHONIC] remote electronic participation. The Clerk or designee shall notify all Commission members of the request. (d) At the meeting, the Clerk or designee shall establish the [TELEPHONE] appropriate connection when the call to order is imminent. (e) A commissioner participating by [TELEPHONE] remote electronic means shall be counted as present for purposes of discussion and voting except for matters and agenda items appealable to the Board of Adjustment. (f) The commissioner participating by [TELEPHONE] remote electronic means shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection, if necessary. (g) The commissioner participating by [TELEPHONE] remote electronic means may ask to be recognized by the presiding officer to the same extent as any other member except for matters and agenda items appealable to the Board of Adjustment. (h) To the extent reasonably practicable, the Clerk or designee shall provide backup materials to commissioners participating by [TELEPHONE] remote electronic means. (I) If the [TELEPHONE] remote electronic connection cannot be made or is made and then lost, the meeting shall commence or continue as scheduled and the Clerk or designee shall attempt to establish or restore the connection. (j) Meeting times shall be expressed in Alaska [T]Time regardless of the time at the location of any commissioner participating by [TELEPHONE] remote electronic means. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3254-2021 Page 3 of 4 (k) Participation by [TELEPHONE) remote electronic means shall be allowed for regular, special and work session meetings of the Commission. (1) Remarks by commissioners participating by [TELEPHONE] remote electronic means shall be transmitted so as to be audible by all members and the public in attendance at the meeting, provided that in executive session the remarks shall be audible only to those included in the executive session. (m) As used in these rules, "[TELEPHONE] electronic means" means any system for synchronous two (2) or more way voice and/or virtual communication. "Chair" includes the vice -chair or any other commissioner serving as chair pro tempore. (n) Each commissioner may attend a maximum of two (2) meetings by [TELECONFERENCE] remote electronic means during the twelve (12) month calendar year. (o) A commissioner may attend an additional two (2) meetings by [TELECONFERENCE] remote electronic means during the twelve (12) month calendar year if the member declares that he or she is physically unable to attend the meeting due to the need for extended medical care and treatment of the member or member's immediate family. (p) In this section, "immediate family" means the spouse of the person, another person cohabitating with the person in a conjugal relationship that is not a legal marriage, a child (including a stepchild or foster child) of the person, a parent, sibling, grandparent, aunt or uncle of the person, or a parent or sibling of the person's spouse. (Ord. 2734-2014) Section 2. 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 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 151 day of December, 2021. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3254-2021 Page 4 of 4 ATTEST: vCEN4 j'� ••''•�~''�q� Ja ie Heinz, MMC, City Cle k t•sz 4% ED Introduced: November 3, 2021 Enacted: December 1, 2021 Effective: December 31. 2021 New Text Underlined; [DELETED TEXT BRACKETED] K I N A City of Kenai 1 210 Pidalgo Ave, Kenai. AK 99611-7794 1907.283.7535 I www.kenaixity MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Ryan Foster, Planning Director DATE: October 25, 2021 SUBJECT: Ordinance No. 3254-2021 — Approving amendment to Kenai Municipal Code Section 14.05.025 to provide for remote electronic participation Telephonic participation in Planning and Zoning Commission meetings is provided in KMC 14.05.025 to increase participation by allowing members to take part in meetings when work or family matters require their absence from Kenai. During the COVID-19 Public Health Emergency, ordinances were suspended, which allowed for remote electronic participation, virtually, via videoconference. Virtual remote electronic participation has proved to provide a better experience for the Commission member participating remotely and those participating in-person. At their regular meeting on October 13, 2021, the Planning and Zoning Commission unanimously approved amending KMC 14.05.025 to allow for remote electronic participation, including videoconference capabilities. This ordinance would amend KMC 14.05.025 to allow for remote electronic participation in Planning and Zoning Commission meetings. Thank you for your consideration.