The URL can be used to link to this page

Home My WebLink AboutAM 2023-006 Opposing KPB Ord2023-11 City of Seward Action Memorandum 2023-006 Meeting Date: June 12, 2023 To: City Council From: Norm Regis, Acting City Manager Subject: Action Memorandum 2023-006: Opposing Kenai Peninsula Borough Ordinance 2023-11 Background and justification: The Kenai Peninsula Borough will be considering Ordinance 2023-11: Amending Borough Code, KPB 2.40.015 and KPB 2.40.030, to Reduce the Number of Seats on the Planning Commission and Provide for an Orderly Process for the Seat Reduction sponsored by Assembly Members Elam and Hibbert. If approved, this Ordinance would reduce the representation of Kenai Peninsula Communities in planning and zoning issues. This action memorandum directs the City Manager to send a letter opposing this ordinance and requests the Kenai Peninsula Borough to retain the current alignment of representation. This ordinance proposes to eliminate the five "City Seats" and retain the nine area seats. KPB 2.40.015 —Apportionment: A. The planning commission will consist of eleven members. Commission membership will be apportioned consistent with assembly member districts with two seats reserved for home rule and first class cities located in the borough. B. Only City residents may serve on a city seat and shall be selected by the Borough Mayor from a list provided by the City Council. The list will contain at least one applicant from the respective city. C. The city seats shall be set up on a rotational basis. D. No City may have more than one representative on the Planning Commission. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 1.3.2 Land Use Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): 0 Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note: amounts are unaudited Fund Balance/Net position — restricted $ Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: $ Finance Director Signature: Attorney Review Yes Attorney Signature: x Not applicable Comments: Administration Recommendation eAdopt AM Other: Disposition (Completed by the City Clerk's Office) The motion to approve this action memorandum was Failed by council at the 6-12-2023 City Council meeting. Introduced by: Elam Date: 05/02/23 Hearing: 06/06/23 Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2023-11 AN ORDINANCE AMENDING BOROUGH CODE,KPB 2.40.015 AND KPB 2.40.030, TO REDUCE THE NUMBER OF SEATS ON THE PLANNING COMMISSION AND PROVIDE FOR AN ORDERLY PROCESS FOR THE SEAT REDUCTION WHEREAS, the Kenai Peninsula Borough ("Borough") is a second class borough with a population of 58,799 as of April 1, 2020 U.S. Census totals; and WHEREAS, The Alaska State Legislature amended AS 29.40.020(a) in 2022 to provide the Borough with flexibility to apportion its Planning Commission seats in a manner that the Assembly deems appropriate; and WHEREAS, presently, there are fourteen members of the Borough Planning Commission, and there do not appear to be any other planning commissions in the State of Alaska with so many members; and WHEREAS, presently, there are nine members on the Borough Assembly; and WHEREAS, Borough code requires the Borough to compensate its Planning Commission members at the rate of$175.00 per regular or special meeting attended except the chairperson, who will be compensated at the rate of$200.00 per regular or special meeting; and WHEREAS, Borough code requires the Borough to compensate its Planning Commission members serving on the plat committee at an additional rate of$25.00; and WHEREAS aligning the number of Planning Commission member seats to be consistent with the number of Assembly member seats will reduce the aggregate cost of compensation the Borough must pay to its Planning Commission members by approximately $40,698.00; and WHEREAS, a code provision for elimination of a Planning Commission member seat will allow for an orderly and fair process when Planning Commission member seats are consolidated; Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023-11 Page 1 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That KPB 2.40.015 is amended to read 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 FOURTEEN MEMBERS] will consist of the same number of member seats as the number of assembly member seats. 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] will be apportioned consistent with assembly member district seats. [B. CITY SEATS.ONLY A CITY RESIDENT MAY SERVE ON A CITY SEAT AND 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. APPOINTMENTS SHALL BE SUBJECT TO CONFIRMATION BY THE ASSEMBLY. THE CITY SEATS ARE AS FOLLOWS: 1. HOMER; 2. KENAI; 3. SELDOVIA; 4. SEWARD;AND 5. SOLDOTNA.] [C] B. SINGLE MEMBER DISTRICT. [PLANNING COMMISSIONERS RESIDING OUTSIDE OF FIRST CLASS AND HOME RULE CITIES SHALL BE APPOINTED BY THE MAYOR AND CONFIRMED BY THE ASSEMBLY AND REPRESENTATIVE OF THE FOLLOWING ASSEMBLY DISTRICTS: 1. ASSEMBLY DISTRICT 1 -KALIFORNSKY; 2. ASSEMBLY DISTRICT 2-KENAI; 3. ASSEMBLY DISTRICT 3 -NIKISKI; 4. ASSEMBLY DISTRICT 4- SOLDOTNA; 5. ASSEMBLY DISTRICT 5 - STERLING/FUNNY RIVER; 6. ASSEMBLY DISTRICT 6-EAST PENINSULA; 7. ASSEMBLY DISTRICT 7-CENTRAL; 8. ASSEMBLY DISTRICT 8 -HOMER;AND 9. ASSEMBLY DISTRICT 9- SOUTH PENINSULA. Ordinance 2023-11 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 2 of 5 PLANNING COMMISSIONERS APPOINTED TO REPRESENT A DISTRICT SHOULD RESIDE WITHIN THAT DISTRICT. IN THE EVENT THAT NO QUALIFIED RESIDENTS OF A SINGLE MEMBER DISTRICT APPLY TO FILL A VACANCY FOR THAT DISTRICT'S SEAT,THEN THAT SEAT MAY BE FILLED WITH A QUALIFIED RESIDENT OF THE BOROUGH WHO RESIDES OUTSIDE OF CITY LIMITS. ONLY RESIDENTS LIVING WITHIN THE RESPECTIVE CITY OR SINGLE MEMBER DISTRICT MAY APPLY FOR A LOCATION SPECIFIC VACANCY.ANY BOROUGH RESIDENT WHO RESIDES OUTSIDE OF CITY LIMITS MAY APPLY "AT-LARGE"AND MAY BE SELECTED IN THE EVENT NO QUALIFIED RESIDENTS OF A SINGLE MEMBER DISTRICT APPLY TO FILL A VACANCY FOR THAT DISTRICT'S SEAT.] Each district will have one representative. Commissioners maly serve in the district in which they reside. [D] C. All planning commission members [SHALL] will meet the minimum qualifications of the appointed planning commission member seat description. All planning commission members will be appointed for their expertise and knowledge of the community,borough land use, and planning issues, as well as their familiarity with regulations and land use code, and [SHALL] must represent the entire borough. Prospective planning commission members must be in compliance with KPB Titles 14, 17, 20, and 21 and must not have any pending or unresolved code enforcement actions. E. A vacancy or expiring term on the planning commission will be noticed for at least 30 days by the borough clerk's office. All applications to fill a vacancy or expiring term must be submitted through the borough clerk's office. [APPLICATIONS TO FILL A CITY SEAT SHALL BE TRANSMITTED TO THE CITY CLERK'S OFFICE AT THE CLOSE OF THE APPLICATION PERIOD.] SECTION 2. That KPB 2.40.030 is amended to read as follows: 2.40.030. Terms—Vacancy filling—Seat Elimination—Compensation—Voting restrictions. Members and membership of the planning commission shall be subject to the following conditions: A. Members of the commission shall be qualified voters of the borough as defined in KPB 4.20.010(A) and who are duly appointed and confirmed as provided in AS § 29.40.020(a). B. Vacancies on the commission are created under the following conditions and upon declaration of vacancy by the borough mayor when the member 1. Fails to qualify or be confirmed by the assembly or take office within 30 days after his appointment; 2. Is physically absent from the borough [,OR IN THE CASE OF A CITY REPRESENTATIVE FROM THE CITY] for a 90-day period, unless excused by the commission; 3. Resigns and [HIS] the resignation is accepted by the borough mayor; 4. Is physically or mentally unable to perform the duties of[HIS] the office; 5. Is removed from office by the borough mayor in order to bring commission apportionment into compliance with statutes or [COMPLETES HIS TERM] no longer Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023-11 Page 3 of 5 resides in the district as defined in KPB 2.40.015 as it presently exists or later is amended; 6. Misses 3 consecutive regular meetings unless excused by the commission; or 7. Is convicted of a felony or of an offense involving a violation of [HIS] the oath of office. C. Seat elimination. The Mn or remove commissioners when seats are consolidated to comply with state statutes or borough code. In the event a seat is eliminated and the elimination necessitates the removal of a member, the member may: 1. Voluntarily resign to achieve a single-member district representative; or 2. Interview with the Mayor, or designee, and Planning Department staff. The Maw will make the final selection in consultation with the Planning Director based on the qualifications set forth in KPB 2.40.015(C) as it presently exists or later is amended. [C] D. The [borough] [m]Mayor and the [borough] [p]Planning [d]Director shall be additional members ex officio and shall have the privilege of the floor, but may not vote. [D] E. Duly appointed, confirmed and qualified official members of the commission will be compensated monthly at the rate of $175.00 per regular or special meeting attended except the chairperson, who will be compensated at the rate of $200.00 per regular or special meeting. Members serving on the plat committee will be compensated at an additional rate of$25.00 per plat committee meeting. SECTION 3. This ordinance shall become effective immediately upon enactment. Ordinance 2023-11 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough,Alaska Page 4 of 5 ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS * DAY OF * 2023. Brent Johnson, Assembly President ATTEST: Michele Turner, CMC, Acting Borough Clerk Yes: No: Absent: Kenai Peninsula Borough New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 2023-11 Page 5 of 5