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HomeMy WebLinkAboutOrdinance No. 2527-2011Me city of KENAI, ALASKA Thyvy Sponsored by: Council Members Bookey and NIo oy CITY OF KENAI ORDINANCE NO. 2527 -2011 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAS AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14.05, PLANNING AND "ONING COMMISSION, TO ADD A NEW SECTION 14.05.015 ENTITLED PPOINTMENT TO PLANNING AND ZONING COMMISSION" REQUIRING PUBLIC •VERTISEMENT AND NOTICE OF VACANCIES ON THE COMMISSION, PERMITTIN ANY MEMBER OF THE COUNCIL TO NOMINATE A PERSON FOR APPOINTMENT T THE COMMISSION, AND DEFINING THE TERM OF OFFICE. WHEREAS, Chapter 1.90 of the Kenai Municipal Code Chapter 1.90 establishes standard procedures for all boards, commissions, i committees of the City of Kenai; and, WHEREAS, section 1.90.010 sets forth an appo ntment procedure for members of boards, commissions, and committees where. the Mayor may nominate a person to serve as a member which nomination must oe confirmed by the City Council; and, F Ala- tr¢rolri'n WHEREAS, the procedures set forth in C apter 1.90 do not provide for or require general public notice or advertisemen efore the Mayor nominates and the Council confirms an appointment to a vacanc r on a board, commission, or committee; and, WHEREAS, the procedures set for in Chapter 1.90 are general requirements only and are followed to the extent th they do not conflict with more specific requirements found in code sections pertaini to specific boards, commissions, and committees; and, WHEREAS, as established KMC 14.05.010, the duties of the Planning and Zoning Commission (Commissio include both advisory and decision making duties; and, WHEREAS, the Comm' sion's powers and duties include advisory duties to the City Council as well as to e Borough Planning Commission, with such duties including making recommendations regarding rezoning applications, proposed amendments to the Kenai Zoning ode, and City and airport land lease and sale applications; and, as regards the Boro gh, acting in an advisory capacity on subdivision plat proposals, rights -of -way d easement vacation petitions, and on other matters; and, WHEREAS, ith respect to its decision making duties, the Commission acts as a quasi -judi 'al body, conducting public hearings on matters that have important conseque ces to owners of private property, such as acting upon applications for conditional use permits and variances; and, New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2527 -2011 Page 2 of 4 WHEREAS, the importance of the work of the Commission and its members, and the dedication of time required of the members to perform their duties, is recognized in the City's Code, including in KMC 1.85.070(a) requiring Commission members to file annual financial disclosures and in KMC 14.05.010(d) authorizing compensation of member of S 100 per month for their work, both requirements and benefits not imposed or conferred upon members of other City boards, commissions, or committees except the City Council; and, WHEREAS, by creating a more public application and nomination process for selection of members of the Commission, the City provides a more open process that encourages public participation in municipal government and creates a transparent process for individual residents of the City of Kenai to make their interest in public service on the Commission known; and, WHEREAS, a more open process for recruitment of members to serve on the Commission represents a substantial step toward addressing a major recommendation arising out of the City's Town Hall Meeting held in May, 2010, wherein the public requested that the City foster communication through collaborative, engaged decision making processes; and, WHEREAS, it is in the best interest of the City of Kenai for the City Council to adopt additional processes and procedures unique to the Planning and Zoning Commission for the filling of vacancies on that Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form. This is a Code ordinance. Section 2. Amendment of Kenai Municipal Code: The City of Kenai Municipal Code is hereby amended by adding a new section 14.05.015, Appointment to Planning and Zoning Commission, to read as follows: 14.05.015 Appointment to Planning and Zoning Commission. (a) Public notice; application. 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 vacancy. The vacancy, and a request for applications, shall be advertised at least twice a week for two (2) weeks in a newspaper of general circulation, posted on the City's website, and posted in at least three (3) other public places in the City, one 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 consideration of the appointment by the Council. An applicant shall file with the City Clerk a completed application on a form provided by the Clerk. The deadline for filing an application shall be advertised and shall be the deadline for timely submissions to the City Council New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2527 -2011 Page 3 of 4 meeting packet (as set by the polices and procedures of the Council( for the meeting at which the appointment is on the Council agenda. All applications filed by the advertised deadline shall be placed in the Council packet. (b) Nomination. Consideration shall be given to the qualifications and merits of each applicant by providing the Council with copies of all applications in the meeting packet for the Council meeting at which the matter is to be considered. The Council shall make nominations only from the list of persons who timely submitted an application. Upon motion approved by the Council, the Council may re -open the application period or consider additionally submitted applications. (c) Appointment by Council. Members of the Planning and Zoning Commission shall be appointed by the Kenai City Council. Any Council Member may nominate a person for appointment from the pool of applicants. After all nominations are made, the Council shall use secret ballot voting to select the Commission member. (d) Term of Office. Members of the Commission shall be appointed for a term of three years. Terms shall end on December 31 of the third year, provided that a member shall continue to serve until a successor is appointed and takes office. Appointments to fill vacancies shall be for the unexpired teiiu. In the event a seat has six (6) months or less remaining to the unexpired term the Council, at its discretion, may choose to appoint the member to the remainder of the current term as well as to the full term immediately following the expiration date of the unexpired 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. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of February, 2011. PAT PORTER, MAYOR New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2527 -2011 Page 4 of 4 ATTEST: Carol L. Freas, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] Introduced: January 19, 2011 Adopted: February 2, 2011 Effective: March 2, 2011 N. the ci KEKAI, ALASKA M N;MO NDUM TO: Mayor Pat Porter and City Council Members FROM: Council Members Terry Bookey and Bob Molloy DATE: January 13, 2011 RE: Ordinance No. 2527 -2011 "VUfaye with a Past, Ci y with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 FAX: (907) 283 -3014 www.ci.kenai.ak.us 4r" The proposed Ordinance No. 2527 -2011 suggests changes to how members of the City's Planning Zoning Commission are nominated and confirmed by the Council. We believe the "whereas" statements in the draft adequately describe the intent of the ordinance and the reasons for its proposal. By way of short summary, the most significant change to the process of appointing Planning Zoning Commission members is the addition of a formal notice process for recruitment of applicants for a vacant or expiring seat. We also propose some modifications to nomination process. The ordinance would permit any member of the Council to nominate someone to a vacant or expiring seat and voting by the Council would be by closed ballot. Finally, while the term of office and expiration of a normal term of a Commission Member's seat will remain three years and will expire on December 31 (just as with other City commissions and committees), the ordinance states that a person in an expiring seat continues to serve until their replacement is named. When filling vacant seats, if the vacant seat has less than six months remaining before the natural expiration of the term of the seat, the new person could be appointed to the next successive term if the Council elected to do so. JAN -19 -2011 WED 09:18 AM TOM WAGONER FAX NO, 907 465 4779 Official Business Session! lanuary Mav State Capitol, #427 Juneau, AK 99801 Phone: 907 465.2828 Fax; 907465 -4779 DATE: TO: FROM: RE: P, 01 ALASKA STATE LEGISLATURE 09/20/ SENATOR THOMAS H. WAGONER Co- Chair: Senate Resources Committee Member: LB &A Committee Member: World Trade January 18, 2011 Kenai City Council 4 Senator Torn Wagoner Liz Ordinance No. 2527 -2011 Member: C &RA Committee Member: Regulatory Review I have reviewed the referenced Ordinance and respectfully submit the following as comments. In closing, I recommend that this Ordinance not be adopted. Interim: May December 145 Main Street Loop; Suite 226 Kenai, AK 99611 Phone: 907 -283 -7996 Fax 907 283 -8127 ECEZVED JAN 1 9 20i1 1. Ensuring proper public notice of vacancies is valuable in soliciting public interest for any vacant position. 2. With few exceptions, the standard municipal practice in Alaska for appointments is the current practice with the City of Kenai appointment by the Mayor and confirmation by the Council. I can only assume that this proposed change has more to do with personality and suggest that it is not good practice to change a process because of a personality. 3. I believe there is a serious potential for improper influence if the City Council appointments a Commissioner whose decision is potentially appealed and subject to that Council's review. On appeal, who does the Council listen to first? The appellant or the Commissioner(s) who were appointed by them? 4. The public has the right to expect an arms- length separation between their initial decision makers and those who are the final arbiters. I don't believe this proposed process provides that public comfort. In fact, this process lends itself to the appearance of impropriety and undue influence of the City Council over the Commission and the individual Commissioners.