The URL can be used to link to this page

Home My WebLink AboutRes2021-123 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2021-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUPPORTING KENAI PENINSULA BOROUGH ORDINANCE 2021-40: AMENDING KPB 2.40.015 REGARDING PLANNING COMMISSION MEMBERSHIP AND APPORTIONMENT WHEREAS,Kenai Peninsula Borough(KPB)Assembly members adopted Ordinance 2016-25 (Substitute), reducing the number of planning commission members to 11; and WHEREAS, in addition to reducing the number of planning commission members, Ordinance 2016-25 (Substitute) did not specify city seat distribution, creating an inequitable representation of the cities in the Borough; and WHEREAS,based on current census information the required apportionment ratio by Alaska Statute 29.40.020 (a), for all 5 cities to have a seat on the planning commission each year,the planning commission must be comprised of at least 13 members with 8 at-large seats; and WHEREAS,the Seward City Council supports each city having a designated seat on the planning commission each year; and WHEREAS, the City of Seward further supports the process in Ordinance 2021-40 defining the manner in which the borough mayor must select from the list of recommendations submitted by the city council for the city seat. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby supports Kenai Peninsula Borough Ordinance 2021-40 amending KPB2.40.015 regarding planning commission membership and apportionment and encourages members of the Assembly adopt the ordinance. Section 2.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of November, 2021. CITY OF SEWARD, ALASKA RESOLUTION 2021-123 aiJ THE CIT F EWARD KA risty Terry, ayor AYES: McClure, Casagranda, Calhoon, Terry NOES: None ABSENT: DeMoss, Osenga ABSTAIN: None VACANT: One ATTEST: Brenda J. Ballo ¶MMC City Clerk (City Seal) •'.t OF Sg :*** : Cif.•O POk• •• . 41 • �— Q • • S • SEAL :• • • w ._.._ ti��F OF�A Pt.". City Council Agenda Statement Meeting Date: November 8, 2021 To: City Council Through: Janette Bower, City Manager From: Courtney Bringhurst, City Planner Agenda Item: Resolution 2021-123: Supporting Kenai Peninsula Borough Ordinance 2021-40: Amending KPB 2.40.015 Regarding Planning Commission Membership and Apportionment Background and justification: In 2016, the Kenai Peninsula Borough reduced the planning commission membership from 13 members to 11 members. When the ordinance reducing the membership was adopted, the language did not clearly specify how the city seats were distributed. All 5 cities in the Borough have requested equal representation on the Borough Planning Commission. Based on current census information, the required apportionment ratio for each city to have a planning commission seat each year, the planning commission must be comprised of a least 13 members with 8 at-large seats. Ordinance 2021-40 amends the language to increase the number of seats to 13. Concerns have been brought forward by the cities in the Borough about the required list of recommendations from a city council for their respective commission seat having to include more than one recommended applicant. The assertion by the cities is that each city council has thoughtfully selected the member to represent their city. Ordinance 2021-40 addresses this concern and amends the language to read: ""A city resident serving on a planning commissioner city seat shall be selected by the (borough) mayor from a list of recommendations by the (city) council. The list will consist of at least one applicant from the respective city whose city seat is vacant or expiring. Appointments shall be subject to confirmation by the assembly." This change will ensure the City of Seward will have a representative on the Kenai Peninsula Borough Planning and Zoning Commission. Consistency checklist: Comprehensive Plan: • 2.2.7 Community Partnership ""Continue support for active city/borough relationships in areas of mutual interest that impact our community Strategic Plan: Not Applicable Other: Not Applicable 122 Fiscal note: Not Applicable Finance Department approval: �S- 44 Attorney Review✓: Yes ❑ No ❑ Not applicable X❑ Recommendation City Council adoption of Resolution 2021-123. 123 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 first class cities reflects the proportion of borough population 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 first 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 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 Underlined; [DELETED TEx'r BRACKETED] Ordinance 2021-40 Page 1 of 4 125 WHEREAS, borough code is unclear as to whether 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 confirmation 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. IN 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 CITY.] Appointments shall be subject to confirmation by the assembly. The city seats are as follows: Ordinance 2021-40 New Text Underlined; [DELETED TExr BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 4 126 1. Homer, 2. Kenai: 3. Seldovia; 4. Seward: and 5. Soldotna. [B] C. At-Large Seats. Planning commissioners residing [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/Ninilchik[/CLAM GULTCH/KASILOF]; 4. Clam Gulch/Kasilof; 5.[4.] Kalifornsky Beach; 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.] [C] D. All planning commission members shall be appointed for their expertise and knowledge of the community and shall represent the entire borough. SECTION 2. This ordinance becomes effective immediately upon enactment. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEx'r BRACKETED] Ordinance 2021-40 Page 3 of 4 127 ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2021. Assembly President ATTEST: 7ohni Blankenship, MMC, Borough Clerk Yes: No: Absent: Ordinance 2021-40 New Text Underlined; [DELETED TEx'r BRACKETED] Kenai Peninsula Borough, Alaska Page 4 of 4 128