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HomeMy WebLinkAboutOrdinance No. 2734-2014CITY OF KENAI ORDINANCE NO. 2734 -2014 Suggested by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.25.025- TELEPHONIC PARTICIPATION AT PLANNING AND ZONING MEETINGS, TO ALLOW FOR LIMITED TELEPHONIC PARTICIPATION AT PLANNING AND ZONING COMMISSION MEETINGS BY COMMISSIONERS. WHEREAS, City Council Members may participate telephonically at Council Meetings pursuant to KMC 1.15.130- Telephonic participation; and, WHEREAS, the Planning and Zoning Commission is the only body of the City other than the City Council that regularly meets twice a month; and, WHEREAS, allowing Planning and Zoning Commissioners to participate telephonically at Planning and Zoning Commission Meetings similar to what is allowed for Council Members may ease the burden of service for Commissioners and encourage greater participation at meetings without detracting materially from the process; and, WHEREAS, at the regular Planning and Zoning Commission meeting of February 12, 2014, the Planning and Zoning Commission recommended the City Council amend and pass Ordinance 2734 -2014. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA Section 1. Form: That this is a Code ordinance. Section 2. Enactment of Section 14.05.025 of the Kenai Municipal Code: That Kenai Municipal Code, Section 14.05.025- Telephonic Participation at Planning and Zoning Commission Meetings, is hereby enacted as follows: 14.05.025 Telephonic Participation at Planning and Zoning Commission Meetings. (a) Except as otherwise provided in subsection (e), if at least a quorum is physically present at a Commission meeting, other commissioners may participate via telephone in the Commission meeting, if the commissioner declares that circumstances prevent Physical attendance at the meeting. If the chair chooses to participate via telephone, the vice -chair shall preside. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 2 of 3 (b) No more than the first two (2) commissioners to contact the Clerk's office regarding telephonic participation in a particular meeting may participate via telephone 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. Such notification shall state whether such telephonic participation is pursuant to subsection (n) or (o), and 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 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 connection when the call to order is imminent. (e) A commissioner participating by telephone shall be counted as present for purposes of discussion and voting except for matters and agenda items appealable to the Board of Adjustment. (A The commissioner participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The commissioner participating by telephone 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. (f) If the telephone 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. H) Meeting times shall be expressed in Alaska time regardless of the time at the location of any commissioner participating by telephone. W Participation by telephone shall be allowed for regular, special and work session meetings of the Commission. (1) Remarks by commissioners participating by telephone 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" means any system for synchronous two (2) way voice 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 during the twelve (12) month calendar year. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 3 of 3 (o) A commissioner may attend an additional two (2) meetings by teleconference 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. Section 3. Severabilitv: 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(f , this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of March, 2014, PAT PORTER, MAYOR A 7)uL S dr M digh, i y Clerk Introduced: January 2, 2014 Adopted: March 5, 2014 Effective: April 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED] CITY OF KENAI NO. 2734 -2014 Suggested by: Mayor AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ASKA, ENACTING KMC 14.25.025- TELEPHONIC PARTICIPATION AT PLANN G AND ZONING MEETINGS, TO ALLOW FOR LIMITED TELEPHONIC PARTIC ATION AT PLANNING AND ZONING COMMISSION MEETINGS BY COMMISSIONE . WHEREAS, City Council Members may participate telep nically at Council Meetings pursuant to KMC 1.15.130- Telephonic participation; ariA, WHEREAS, the Planning and Zoning Commission j� the only body of the City other than the City Council that regularly meets twice a !nth; and, WHEREAS, allowing Planning and Zoning Co issioners to participate telephonically at Planning and Zoning Commission Mee ' s similar to what is allowed for Council Members may ease the burden yservice r Commissioners and encourage greater participation at meetings without materially from the process; and, WHEREAS, at the regular Planniing Commission meeting of February 12, 2014, the Planning and Zoning n recommended the City Council amend and pass Ordinance 2734 -2014. NOW, THEREFORE, BE IT rAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA Section 1. Form: T:�tt`oSection is is a Code ordinance. Section 2. Enact 14.05.025 of the Kenai Municipal Code: That Kenai Municipal Code, S on 14.05.025- Telephonic Participation at Planning and Zoning Commission Mee ' gs, is hereby enacted as follows: Meetings. regarding telephonic participation in a particular meeting may participate via telephone at any one (1) meeting. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 2 of 3 (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. Such notification shall state whether such telephonic participation is pursuant to subsection (n) or (o), and 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 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 connection when the call to order is imminent. (e) A commissioner participating by telephone shall be counted as present for purposes of discussion and voting. (i) The commissioner participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The commissioner participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk or designee shall provide backup materials to commissioners participating by telephone. W If the telephone 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. (i) Meeting times shall be expressed in Alaska time regardless of the time at the location of any commissioner participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Commission. (1) Remarks by commissioners participating by telephone 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" means any system for synchronous two (2) way voice communication. "Chair" includes the Vice -Chair or any other commissioner serving as chair pro tempore. (n) Each commissioner may attend a maximum of four (4) meetings by teleconference during the twelve (12) month calendar year. (o) A commissioner may attend an additional two (2) meetings by teleconference 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 3 of 3 (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. Section 3. Severabilitv: 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. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of March, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: January 2, 2014 Adopted: March 5, 2014 Effective: April 5, 2014 New Text Underlined; [DELETED TEXT BRACKETED] "Villaye with a Past, C# with a Future ' 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 NY MEMORANDUM TO: Council Members FROM: Mayor Porter DATE: February 27, 2014 SUBJECT: Proposed Amendments for Ordinance No. 2734 -2014, P & Z Telephonic Participation At the February 19, 2014 Council meeting 1 2734 -2014 to consider further amendments. to address concerns presented: requested postponement of Ordinance No. I intend to move the following amendments 1. Amend subsection (a) to read as follows: a) Except as otherwise provided in subsection (e). if at least a auorum is physically present at a Commission meeting, other commissioners may participate via telephone in the Commission meeting if the commissioner declares that circumstances prevent physical attendance at the meeting. If the chair chooses to participate via telephone, the vice -chair shall preside. 2. Amend subsection (e) to read as follows: (e) A commissioner participating by telephone shall be counted as present for purposes of discussion and voting except for matters and agenda items appealable to the Board of Adjustment. Suggested by: Mayor Porter CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14 -01 A RESOLUTION OF THE KENAI PLANNING AND ZONING COMMISSION RECOMMENDING THE KENAI CITY COUNCIL ENACT CHANGES TO KENAI MUNICIPAL CODE CHAPTER 14.05 PLANNING AND ZONING COMMISSION, TO PROVIDE FOR LIMITED TELEPHONIC PARTICIPATION BY PLANNING AND ZONING COMMISSIONERS AT PLANNING AND ZONING COMMISSION MEETINGS. WHEREAS, City Council Members may participate telephonically at Council Meetings pursuant to KMC 1. 15.130 Telephonic participation; and, WHEREAS, the Planning and Zoning Commission is the only body of the City other than the City Council that regularly meets twice a month; and, WHEREAS, allowing Planning and Zoning Commissioners to participate telephonically at Planning and Zoning Commission Meetings similar to what is allowed for Council Members may ease the burden of service for Commissioners and encourage greater participation at meetings without detracting materially from the process. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: That the City of Kenai Planning and Zoning Commission recommends Council enact amendments to Kenai Municipal Code Chapter 14.05, Planning and Zoning Commission, as provided in Ordinance No. 2734 -2014, as amended by Council on January 15, 2014 to provide for limited telephonic participation by Planning and Zoning Commissioners at Planning and Zoning Commission Meetings; with the following amendment: (b) A quorum must be physically present at a Commission meeting for consideration of agenda items appealable to the Board of Adjustment. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 12th day of February, 2014. CHAIR: ATTEST Introduced/Failed: January 8, 2014 Reconsidered/ Postponed: January 22, 2014 Adopted: February 12, 2014 COUNCIL REFERRED Yd: r `l Z s"s, N'1 Date: 9 — l S- I L} �&M RetUflift- Suggested by Mayor Porter p�—,S— �� v CITY OF KENAI ORDINANCE NO. 2734 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 14.25.025- TELEPHONIC PARTICIPATION AT PLANNING AND ZONING MEETINGS, TO ALLOW FOR LIMITED TELEPHONIC PARTICIPATION AT PLANNING AND ZONING COMMISSION MEETINGS KY COMMISSIONERS. WHEREAS, City Council Members pursuant to KMC 1.15.130- Teleph� WHEREAS, the Planning and than the City Council that reg WHEREAS, allowing Plar at Planning and Zoning Members may ease the participation at meetings WHEREAS, at the regular 2014, the Planning and Z Ordinance 2734 -2014. NOW, THEREFORE, ALASKA telephonically at Council Meetings ; and, }-fnission is the only body of the City other twice a month; and, fmg Commissioners to participate telephonically Meetings similar to what is allowed for Council rvice for Commissioners and encourage greater 3-cting materially from the process; and, ing and Zoning Commission meeting of January 8, Commission recommended the City Council ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Section 1. Form: That this is a Code ordinance. Section 2. Enautment of Section 14.05.025 of the Kenai Municipal Code: That Kenai Municipal Code Section 14.05.025- Telephonic Participation at Planning and Zoning Commission M etings, is hereby enacted as follows: telephone at any one (1) meeting. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 2 of 3 (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. Such notification shall state whether such telephonic participation is pursuant to subsection (n) or (o), and 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 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 connection when the call to order is imminent. (e) A commissioner participating by telephone shall be counted as present for purposes of discussion and voting. (fl The commissioner participating by telephone shall make every effort to participate in the entire meeting. From time to time during the meeting, the presiding officer shall confirm the connection. (g) The commissioner participating by telephone may ask to be recognized by the presiding officer to the same extent as any other member. (h) To the extent reasonably practicable, the Clerk or designee shall provide backup materials to commissioners participating by telephone at the commissioner's expense. (i) If the telephone 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. 1il Meeting times shall be expressed in Alaska time regardless of the time at the location of any commissioner participating by telephone. (k) Participation by telephone shall be allowed for regular, special and work session meetings of the Commission. (1) Remarks by commissioners participating by telephone 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" means any system for synchronous two (2) way voice communication. "Chair" includes the Vice -Chair or any other commissioner serving as chair pro tempore. (n) Each commissioner may attend a maximum of four (4) meetings by teleconference during the twelve (12) month period starting November 1st of each year. (o) A commissioner may attend an additional two (2) meetings by teleconference during a twelve (12) month period starting November 1st of each 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2734 -2014 Page 3 of 3 (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. 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. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of January, 2014. ATTEST: Sandra Modigh, City Clerk PAT PORTER, MAYOR Introduced: January 2, 2014 Adopted: January 15, 2014 Effective: February 15, 2014 New Text Underlined; [DELETED TEXT BRACKETED] u "Vllaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Councilers FROM: Scott Bloom, City Attorne W DATE: January 9, 2014 SUBJECT: Amendment Memo for Ordinance No. 2734 -2014, P & Z Telephonic Participation for Planning and Zoning Commissioners At the regular Planning and Zoning Commission Meeting of January 8, 2014, the Planning and Zoning Commission considered a motion to recommend Council Adopt Ord. No. 2734 -2014 an Ordinance providing for telephonic participation by Planning and Zoning Commissioners at meetings. The motion did not pass. The last WHEREAS clause of Ordinance No. 2734 -2014 should be amended to read: WHEREAS, at the regular Planning and Zoning Commission meeting of January 8, 2014, the Planning and Zoning Commission considered but did not pass Planning and Zoning Commission Resolution No. PZ14 -01, A Resolution Recommending the Kenai City Council Enact Changes to Kenai Municipal Code Chapter 14.05 Planning and Zoning Commission, to Provide for Limited Telephonic Participation by Planning and Zoning Commissioners at Planning and Zoning Commission Meetings. YAOrdinances & Resolutions \Ordinances \Ordinance No. 2734 -2014 P &Z Telephonic Participation MEMO II.docx M "Village with a Past C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �IIIIt 1997 MEMO: TO: Sandra Modigh, City Clerk THRU: Rick Koch, City Manager /Acting City Planner FROM: Nancy Carver, Planning & Zoning Assistant V DATE: January 9, 2014 SUBJECT: Planning Commission Resolution PZ14-01 —Limited Telephonic Participation for Planning and Zoning Commissioners At their meeting on January 8, 2014, the Planning & Zoning Commission failed to pass Resolution PZ14 -01 recommending limited telephonic participation for Planning and Zoning Commissioners at Planning and Zoning meetings. Attached to this memo are the draft Council ordinance No. 2734 -2014 and the Commission's failed resolution. Let me know if anything else is needed to submit this information for Council's consideration. Thanks. Attachments: 1. Planning & Zoning Resolution PZ14 -01 2. Council Ordinance No. 2734 -2014 "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Scott Bloom, City Attorney DATE: December 23, 2013 SUBJECT: Ordinance No. 2734 -2014, P & Z Telephonic Participation The Planning and Zoning Commission is the only body of the City aside from Council that regularly meets twice a month. Members of the Planning and Zoning Commission have requested the ability to participate in Planning and Zoning meetings telephonically. This Ordinance would allow the Commission to participate telephonically similar to what is permitted for Council. Your consideration is appreciated. YAOrdinances & Resolutions \Ordinances \Ordinance No. 2734 -2014 P &Z Telephonic Participation MEMO.docx