HomeMy WebLinkAboutOrdinance No. 2587-2011h of
KENAI, SNA
Substitute C
Sponsored by: Council Members Bookey and Molloy
CITY OF KENAI
ORDINANCE NO. 2587 -2011
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE, CHAPTER 14.05, PLANNING AND ZONING
COMMISSION, TO ADD A NEW SECTION 14.05.015 ENTITLED "APPOINTMENT TO
PLANNING AND ZONING COMMISSION," REQUIRING PUBLIC ADVERTISEMENT OF
NOTICE OF VACANCIES AND REQUESTS FOR APPLICATIONS, AND ESTABLISHING
A NEW PROCEDURE FOR APPLICATION, NOMINATION AND CONFIRMATION OF
COMMISSION MEMBERS, AND DEFINING THE TERM OF OFFICE.
WHEREAS, Chapter 1.90 of the Kenai Municipal Code establishes standard
procedures for all boards, commissions, and committees of the City of Kenai; and,
WHEREAS, section 1.90.010 sets forth an appointment procedure for members of
boards, commissions, and committees whereby the Mayor may nominate a person to
serve as a member, which nomination must be confirmed by the City Council; and,
WHEREAS, the procedures set forth in Chapter 1.90 do not provide for or require
general public notice or advertisement before the Mayor nominates and the Council
confirms an appointment to a vacancy on a board, commission, or committee; and,
WHEREAS, the procedures set forth in Chapter 1.90 are general requirements only
and are followed to the extent that they do not conflict with more specific requirements
found in code sections pertaining to specific boards, commissions, and committees;
and,
WHEREAS, as established in KMC 14.05.010, the duties of the Planning and Zoning
Commission (Commission) include both advisory and decision- making duties; and,
WHEREAS, the Commission acts in an advisory capacity to the Kenai City Council and
these advisory duties to the City Council include making recommendations on
applications to rezone property, on proposed amendments to the Kenai Zoning Code,
on proposed amendments to City of Kenai Comprehensive Plan, on City and airport
land lease or sale petitions, on amendments to the Official City of Kenai Zoning Map,
and on other matters under Title 14 or referred to the Commission by the City
Council; and,
WHEREAS, the Commission acts in an advisory capacity to the Kenai Peninsula
Borough Planning Commission and these advisory duties to the Borough's Planning
Commission include making recommendations regarding subdivision plat proposals,
rights -of -way and easement vacation petitions, and City of Kenai Comprehensive Plan
amendments; and,
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2587 -2011
Page 2 of 4
WHEREAS, with respect to its decision - making duties, the Commission acts as a
quasi - judicial body, conducting public hearings and making decisions on property
owners' and lessees' applications and requests for variance permits, conditional use
permits, home occupation permits, planned unit residential development permits, and
on other matters requiring consideration under the Kenai Zoning Code, all matters
that have important consequences to owners and lessees of private property; and,
WHEREAS, the importance of the work of the Commission and its members, and the
dedication of time required of the members to perfoiin their duties, is recognized in the
City's Code, including KMC 1.85.070(a) defining " municipal officer" to include
members of the Planning and Zoning Commission, KMC 1.85.010(b) - (c) requiring
Commission members to file initial and annual financial disclosure statements, and
KMC 14.05.010(d) authorizing compensation of members of $100 per month for their
work, all 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, the Kenai City Council met in a work session on May 10, 2011, to discuss
possible amendments to commission /committee appointments and public notification
of vacancies on commissions and committees; 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.
(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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2587 -2011
Page 3 of 4
the 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 [TWICE A WEEK FOR TWO (2) WEEKS] 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 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 [ALONG WITH ANY APPLICATIONS PREVIOUSLY FILED IN THE 90
DAYS PRIOR TO THE ADVERTISED DEADLINE], 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). The Council may re -open the application period.
(c)
Confirmation by Council. The Kenai City Council shall review the Mayor's
nomination no later than [AT] the next regular Council meeting following the
meeting in which the Mayor made the nomination, at which time the
Council shall consider whether to confirm the nomination.
(d) Term of Office. Members of the Planning and Zoning Commission shall be
appointed for a term of three years. Terms shall end on December 31 of the
third year. In the event a seat has six (6) months or less remaining to the
unexpired term the Mayor [COUNCIL, AT ITS DISCRETION] may choose to
nominate an applicant [APPOINT THE MEMBER] 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
New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2587 -2011
Page 4 of 4
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 seventh day of
December, 2011.
ATTEST:
Corene Hall, Deputy City Clerk
PAT PORTER, MAYOR
Introduced: October 19, 2011
Adopted: December 7, 2011
Effective: January 7, 2012
New Text Underlined; [DELETED TEXT BRACKETED]
MEMO
"!/cllaye with a Past, Ci y with a Future
trail
'III►.'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014
NDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Pat Porter, Vice Mayor Ryan Marquis
Council Members Mike Boyle, Brian Gabriel, Tim Navarre
Council Members Terry Bookey and Bob Molloy
November 28, 2011
Ordinance No. 2587 -2011 and Proposed Substitute C
1992
The purpose of this memo is to highlight the changes we propose to Ordinance
2587 -2011. Attached with this memo is a proposed substitute referred to as
Substitute C. The language below is in legislative format and references the changes
from Ord. 2587 -2011 as originally proposed.
The changes we propose are as follows:
1. Subsection (a)(2) amended to remove the words "twice a week for two weeks"
and replace them with the words "two times a week for one week"
It is now proposed to read as follows:
(2) The Clerk shall advertise the notice at least two (2) times a week for one (1)
week [TWICE A WEEK FOR TWO (2) WEEKS' 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 of which shall be the official
bulletin board of the City at City Hall.
1-
2. Subsection (a)(3) amended to remove the line "along with any applications
previously filed in the 90 days prior to the advertised deadline" replacing it with
"including those previously on file ".
It is now proposed to read as follows:
(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
[ALONG WITH ANY APPLICATIONS PREVIOUSLY FILED IN THE 90 DAYS
PRIOR TO THE ADVERTISED DEADLINE], shall be placed in the Council packet
for the meetings where the nomination is made and where the confirmation of
appointment for any vacancy is considered.
3. Section (c) amended by adding the words "no later" between the words
"nomination" and "than", also removing the word "at" that is between the words
"than" and "the"
It is now proposed to read as follows:
Confirmation by Council. The Kenai City Council shall review the Mayor's
nomination no later than [AT] the next regular Council meeting following the
meeting in which the Mayor made the nomination, at which time the Council
shall consider whether to confirm the nomination.
4. Section (d) amended by replacing the words "the Council, at its discretion" with
the words "the Mayor ", also by replacing the words "appoint the member" with
the words "nominate an applicant for appointment ", and also adding the words
"and the Council may confirm the appointment of the applicant to the
remainder of the current term as well as to the full term" at the end of the
section following the word "term" and replacing the period following "term" with
a comma.
It is now proposed to read as follows:
Term of office. Members of the Planning and Zoning Commission shall be
appointed for a term of three years. Terms shall end on December 31 of the
third year. In the event a seat has six (6) months or less remaining to the
unexpired term, the Mayor [THE COUNCIL, AT ITS DISCRETION], may choose
to nominate an applicant [APPOINT THE MEMBER] 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 to w.
2-