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HomeMy WebLinkAbout02182025 Planning & Zoning Special Meeting PacketPlanning & Zoning Commission Meeting Packet Regular Meeting Tuesday, February 18, 2025 Council Chambers, City Hall 7: 00 p.m. 1963 1965 2005 kintual All-Amenca City 1 I I.. The City of Seward, Alaska PLANNING & ZONING COMMISSION SPECIAL MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Chair Carol Griswold Vice Chair Brenan Hornseth Commissioner Nathaniel Charbonneau Commissioner Vanessa Verhey Commissioner Sean Ulman Commissioner Rhonda Hubbard Commissioner Clare Sullivan Community Development Director Daniel Meuninck City Planner Courtney Bringhurst Executive Assistant Clara Brown City Clerk Kris Peck February 18, 2025 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA 6. PUBLIC HEARINGS (Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing - None 7. UNFINISHED BUSINESS A. Resolutions - None 8. NEW BUSINESS A. Resolutions 1) Resolution 2025-008, of the Planning and Zoning Commission of the City of Seward, Alaska, Adopting the Planning and Zoning Commission Rules of Procedures 2025 Update .4 B. Other New Business 1) Receive Commission feedback on allowing one member of the Planning and Zoning Commission to live outside Seward City Limits if they live in the greater Seward area and own and operate a business on their property inside city limits 9. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) Planning & Zoning Commission Mecting Agenda February 18, 2025 2 10. COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 11. ADJOURNMENT Planning & Zoning Commission Meeting Agenda February 18, 2025 3 Planning and Zoning Agenda Statement Meeting Date: February 18, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Courtney Bringhurst, Planner Agenda Item: Resolution 2025-008, of the Planning and Zoning Commission of the City of Seward, Alaska, Adopting the Planning and Zoning Commission Rules of Procedures 2025 Update Background and justification: Seward City Code §2.30 Article 2 establishes the Seward Planning and Zoning Commission and outlines basic policies, powers, and duties by which they are governed. Title § 15.01 also contains general provisions regarding the authority of the Commission. However, there are many other procedural provisions that the Commission must follow, that are not thoroughly outlined in city code. A document titled "Planning and Zoning Commission Rules of Procedures" was created and adopted on December 16, 2008, by the Commission through Resolution 2008-20 to "guide the Planning and Zoning Commission in carrying out the public process and assist the Commissioners in carrying out the duties of their office." Many of the provisions in this 2008 document were taken from the Seward City Code, Seward City Charter, Alaska Statutes, and City Council Rules of Procedures. This document was last reviewed and updated on March 4, 2014. In a recent review of the document this past year, the Commission and Staff recognized that the 2014 update of the Rules of Procedures document was still greatly lacking, especially in the area of quasi-judicial proceedings. Even specifics, such as basic meeting procedures, were not clearly outlined. Also, some of the references to the City Code had been amended and also needed to be updated. Since the Commission is made up of volunteers who change on a regular basis, it is important to have a clear document that can be a useful tool to guide and train new Commissioners in their responsibilities and duties in quasi-judicial proceedings and general meeting procedures. The Community Development Director has been working with the City Attorney to ensure the legal accuracy of the recommended updates within the document. An updated Planning and Zoning Commission Rules of Procedures document will assist staff and the Commission to perform their duties in a consistent and fair manner 4 Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1 Chapter 2.2.8 — "We value an open, responsive city government Plan: based on a high level of citizen input and community involvement. We value a fiscally sound government that provides high quality services" • "Recommend the development of a policy and procedure manual for each department." Strategic Plan: N/A Community Development Department staff recommend approval of Resolution 2025-008 adopting the Planning and Zoning Commission Rules of Procedures 2025 Update. 5 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-008 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, ADOPTING THE PLANNING AND ZONING COMMISSION RULES OF PROCEDURES 2025 UPDATE WHEREAS, the Seward City Code §2.30 Article 2 establishes the Seward and Planning Zoning Commission and outlines basic policies, powers, and duties; and WHEREAS, Seward City Code does not address all the specifics in regard to Commission meetings, meeting procedures, or quasi-judicial proceedings; and WHEREAS, a document was created and adopted on December 16, 2008 by the City Council titled "Planning and Zoning Commission Rules of Procedures" to address the specifics regarding the Commission's responsibilities and meeting procedures; and WHEREAS, the document was last updated and amended on March 4, 2014; and WHEREAS, accurate and up-to-date information is crucial for guiding staff and Commissioners in their duties; and WHEREAS, the Planning and Zoning Commission held a work session on August 6, 2024 to review the Rules and Procedures document and provide input; and WHEREAS, the Community Development Director has been working with the City Attorney to ensure legal accuracy within the document; and WHEREAS, an updated Rules of Procedures document will assist staff and the Commission to perform their duties in a consistent and fair manner NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: update. Section 1. The Commission adopts the Planning and Zoning Rules of Procedures 2025 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 18tn day of February, 2025. 6 CITY OF SEWARD, ALASKA RESOLUTION 2025-008 THE CITY OF SEWARD, ALASKA Carol Griswold, Chair AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) City of Seward, Alaska Planning & Zoning Commission Rules of Procedures Adopted by the Planning & Zoning Commission on February 18, 2025 1 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 8 TABLE OF CONTENTS TABLE OF CONTENTS ACKNOWLEDGEMENTS INTRODUCTION SECTION I - GENERAL PROVISIONS RULE 1 APPLICATION OF RULES AND CONFLICT OF LAWS RULE 2 RELAXATION OF REQUIREMENTS RULE 3 RULE 4 RULE 5 RULE 6 RULE 7 RULE 8 RULE 9 RULE 10 RULE 11 RULE 12 RULE 13 RULE 14 POWERS AND DUTIES OF THE COMMISSION ESTABLISHMENT OF THE COMMISSION COMMISSIONER APPOINTMENT VACANT SEAT APPOINTMENTS OATH OF OFFICE ATTENDANCE AND ABSENCES COMMISSIONER TRAINING COMMISSIONER COMPENSATION RECOGNITION UPON RETIREMENT ADMINISTRATION GIVING DIRECTION TO ADMINISTRATION FREEDOM OF INFORMATION SECTION II - COMMISSION MEETINGS RULE 15 OPEN TO THE PUBLIC RULE 16 MEETING DEFINITION RULE 17 RULE 18 RULE 19 RULE 20 RULE 21 RULE 22 RULE 23 RULE 24 RULE 25 RULE 26 QUORUM REGULAR MEETING SPECIAL MEETING EXECUTIVE SESSION WORK SESSION FIELD TRIPS MEETING PACKETS LOCATION TIME AND DAY TIME RESTRICTIONS SECTION III - MEETING PROCEDURES RULE 27 CHAIR RULE 28 SEATING ARRANGEMENT RULE 29 FORMS OF ADDRESS RULE 30 DECORUM RULE 31 RULES OF ORDER RULE 32 MOTIONS RULE 33 RESOLUTIONS RULE 34 AMENDMENTS RULE 35 VOTING RULE 36 RECONSIDERATION SECTION IV RULE 37 RULE 38 RULE 39 - REGULAR MEETING AGENDA AGENDA TEMPLATE CALL TO ORDER PLEDGE OF ALLEGIANCE PAGE 2 4 5 6 6 6 7 7 7 7 7 8 8 8 8 9 9 9 10 10 10 10 10 11 11 11 12 12 12 12 13 13 13 13 14 14 15 15 15 15 17 17 2 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 9 RULE 40 RULE 41 RULE 42 RULE 43 RULE 44 RULE 45 RULE 46 RULE 47 RULE 48 RULE 49 RULE 50 RULE 51 RULE 52 SECTION V — RULE 53 RULE 54 RULE 55 RULE 56 SECTION VI RULE 57 RULE 58 RULE 59 RULE 60 RULE 61 RULE 62 RULE 63 RULE 64 RULE 65 RULE 66 RULE 67 RULE 68 RULE 69 RULE 70 ROLL CALL PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING APPROVAL OF AGENDA AND CONSENT AGENDA CONSENT AGENDA ITEMS SPECIAL ORDERS, PRESENTATION, AND REPORTS PUBLIC HEARING UNFINISHED BUSINESS NEW BUSINESS INFORMATIONAL ITEMS AND REPORTS FINAL PUBLIC COMMENTS ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO CITIZEN COMMENTS EXECUTIVE SESSION ADJOURNMENT CONDITIONAL USE PERMITS AND VARIANCES CONDITIONAL USE PERMIT (CUP) VARIANCES CONDITIONAL USE PERMIT AND VARIANCE PROCESS PUBLIC COMMENT AND MEETING MATERIALS — QUASI-JUDICIAL PROCEEDINGS QUASI-JUDICIAL MEANING QUASI-JUDICIAL NOTIFICATION QUASI-JUDICIAL PROCESS DUE PROCESS EX PARTE COMMUNICATION APPEALS APPEAL HEARING AGENDA TEMPLATE INTRODUCTION OF HEARING AND PROCEDURAL MATTERS OPENING ARGUMENTS PRESENT CASE REBUTTAL CLOSING ARGUMENTS DELIBERATIONS IN EXECUTIVE SESSION FINDINGS AND CONCLUSIONS SECTION VII RULE 71 RULE 72 RULE 73 RULE 74 RULE 75 RULE 76 — RULES OF PERSONAL CONDUCT ETHICAL CONDUCT OVERRIDING FAIRNESS IN FACT AND APPEARANCE COMMISSIONER INTERACTIONS OPEN RECORDS CONFLICTS OF INTEREST CONFLICT OF INTEREST PROCEDURE SECTION VIII — RESOURCES AS = Alaska Statutes; SCC = Seward City Code; §= Section 17 18 18 20 20 20 22 22 22 23 23 23 23 23 24 24 25 26 26 26 28 29 30 30 31 31 31 32 32 32 32 33 33 34 34 34 36 3 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 10 ACKNOWLEDGEMENTS PLANNING & ZONING COMMISSION Carol Griswold, Chair Brenan Hornseth, Vice Chair Nathaniel Charbonneau Rhonda Hubbard Clare Sullivan Sean Ulman Vanessa Verhey COMMUNITY DEVELOPMENT STAFF Daniel Meuninck, Community Development Director Courtney Bringhurst, City Planner Clara Brown, Executive Planning Assistant CITY CLERK'S OFFICE Kris Peck, City Clerk Jodi Kurtz, Deputy City Clerk Karen Corrigan, Executive Assistant CITY COUNCIL Sue McClure, Mayor John Osenga, Vice Mayor Bob Barnwell Julie Crites Kevin Finch Casie Warner Randy Wells CITY ADMINISTRATION Kat Sorensen, City Manager Jason Bickling, Deputy City Manager Ashleigh Lipsey, Executive Assistant 4 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 11 INTRODUCTION Welcome to the Seward Planning & Zoning Commission (Commission). This packet of information has been put together by the Community Development Depar liiient to assist you in carrying out the duties of your office. Many of the provisions set forth in the following pages were taken from the Seward City Charter, Seward City Code, the Alaska Statutes, and the Alaska Planning Commission Handbook. These are generally followed by a citation in brackets indicating the particular section of Code which is being quoted or paraphrased, i.e. [SCC § 2.10.055]. Other provisions were approved by resolution when the Rules of Procedure for the Commission were adopted. The City of Seward is a home rule city founded in 1903 and incorporated in 1912. The Home Rule Charter was adopted by the voters in 1960. The charter provides for the governing structure, function and services, and restriction on municipal powers in accordance with the conditions, needs, and desires of the community. A home rule municipality may establish its own method for appointment, terms, and number of members. The Kenai Peninsula Borough (KPB) was incorporated in 1964. As a second-class borough, it is required by law to provide for planning, platting, and land use regulations both inside and outside its cities on an areawide basis. [AS 29.40. 010 (a)] The Borough Assembly may, by ordinance, delegate any of its powers and duties to a city in the KPB. [AS 29.40.010(b)] and [KPB Code of Ordinances 21.01.020A and 21.01.025] The Commission is a decision -making body for the community when it acts on Title 15 conditional use permits, zoning variances, and sign variances, and when it acts as a Board of Appeals on appeals of administrative actions and decisions, floodplain management variances, and appeals of a Title 14 decision of the City Manager [SCC § 14.15.417]. Decisions of the Commission may be appealed to the Seward City Council. The Commission also acts as an advisory body to the Council or Assembly when it makes recommendations on the Comprehensive Plan, land use regulations, subdivisions and preliminary plats, and community development issues in general. The Commission serves local government and provides the public with an additional avenue to participate in land use planning and community development proposed for their community 5 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 12 SECTION I — GENERAL PROVISIONS RULE 1. APPLICATION OF RULES AND CONFLICT OF LAWS These Rules of Procedure govern the procedures and practices of the Commission to the full extent that they are consistent with laws applying to the City. Whenever an ambiguity or conflict exists between these Rules and another law applying to the City, the law prevails. RULE 2. RELAXATION OF REQUIREMENTS These Rules are designed to facilitate the business of the Commission and should be construed to secure the reasonable, speedy, and inexpensive determination of Commission business. A Rule, in the discretion of the Chair or majority of the Commission, may be relaxed in any case in which strict adherence to that Rule would work injustice. RULE 3. POWERS AND DUTIES OF THE COMMISSION 1) Interpret Title 15 Planning and Land Use Regulations and Title 16 Subdivisions and make compliance determinations when requested by Administration; 2) Review and act upon requests for conditional use permits, zoning variances, and sign variances and other matters requiring consideration under Title 15 Planning and Land Use Regulations; 3) Review the City of Seward Comprehensive Plan on an annual basis, conduct a minimum of one public hearing and forward recommendations to City Council for consideration; 4) Serve as the Board of Appeal for appeals of Title 15 administrative decisions; 5) Serve as the Board of Appeal to hear and decide appeals and requests for variances from the requirements of Floodplain Management [SCC §15.25. 060]; 6) Hear and decide appeals of administrative decisions for Chapter 14.15 Electricity [SCC 14.15.417]; 7) Promote public interest and understanding of comprehensive planning, platting, zoning, land management, and other issues relating to community planning and development; 8) Act in an advisory capacity to the City Council regarding Title 15 Planning and Land Use Regulations, Title 16 Subdivisions, Seward Comprehensive Plan, Official Zoning Map, Official Land Use Plan Map, the Seward Municipal Lands Inventory and Management Plan, Strategic Plan, and other duties as requested by the City Council; and 9) Act in an advisory capacity to the Kenai Peninsula Borough Planning Commission regarding subdivision plat proposals; right-of-way and easement vacation petitions; Kenai Peninsula Borough Comprehensive Plan; and City of Seward Comprehensive Plan amendments not otherwise delegated to the City of Seward. 6 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 13 RULE 4. ESTABLISHMENT OF THE COMMISSION The Commission consists of seven city residents who are appointed by City Council. No officer or employee of the City may be an appointed member of the Commission. RULE 5. COMMISSIONER APPOINTMENT Members of the Commission are appointed for three-year terms that expire at midnight on the last day in February. The terms of all seven Commissioners are staggered so that only two or three terms will be completed in a year. [SCC § 2.30.215 A] Interested residents who are at least 18 years old and a Commissioner whose term is expiring can apply for a position of the Commission through the City Clerk's Office starting 30 days prior to a vacancy until the position is filled. In order to be eligible to serve on the Commission, the applicant must have resided within city limits continuously for at least one year prior to the date of application. In addition to the application form, the City of Seward Public Official Financial Disclosure Statement that reflects the previous calendar year must be submitted. Current Commissioners are required to submit the financial disclosure statement annually by March 15. If found eligible, an agenda item will be added to a City Council meeting where the Council will vote on the appointment. If there is more than one applicant for the position, the Council will appoint by ballot voting. An applicant must receive at least four votes in order to be appointed. Commissioners serve at the pleasure of the Council and may be removed from the Commission by the Council at any time before the expiration of their terms. The person so removed from office shall have the right to a public hearing before the Council concerning the cause for removal. RULE 6. VACANT SEAT APPOINTMENTS City Council may appoint any qualified person to fill a vacancy on the Commission. In that scenario, an appointed Commissioner would not serve a three-year term, but instead serve out the remaining three-year term of the vacant seat that was filled. [SCC § 2.30.215 Al RULE 7. OATH OF OFFICE Prior to serving as a Commissioner or Chair, the appointee shall affirm and sign the following Oath of Office administered by the city clerk: "I, (NAME), do solemnly affirm that I will support and defend the Constitution of the United States, the Constitution of the State of Alaska, and the laws and ordinances of the City of Seward, Alaska, and that I will faithfully and honestly discharge my duties as Planning and Zoning Commissioner/Chair." RULE 8. ATTENDANCE AND ABSENCES Commissioners are expected to attend every regular meeting and work session and be on time. However, situation arise where attendance is not possible. In order for an absence to be excused, a Commissioner shall notify Administration at least 48 hours prior to a Commission meeting, except in emergency situations, stating the reason for the member's inability to attend the meeting. 7 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 14 Administration will decide whether the excused absence request is valid. When calling roll for the meeting, the city clerk will indicate whether a member's absence was ruled to be excused or unexcused, and the city clerk will make an appropriate notation in the minutes. If a member has two consecutive unexcused absences, three unexcused absences total, misses eight meetings in an appointment year or has a record of attendance which shows disregard for the position and hinders the function of the Commission, Administration will inform City Council and the Council may remove the member from the Commission. [SCC § 2.30.216] RULE 9. COMMISSIONER TRAINING In the first year of their appointment, Commission members will attend all offered training. [SCC § 2.30.215 C] Participation in continuing training opportunities is encouraged. The Commission has two line items in the city budget for Education & Training and Travel & Subsistence that is overseen by the Office of Community Development. Commissioners may use these funds to participate in additional training opportunities relevant to the work of the Commission with the prior approval of the Community Development Director. RULE 10. COMMISSIONER COMPENSATION Commissioners shall be compensated for service on the Commission at the rate of $100.00 per month. Each Commissioner shall be paid quarterly on the payday for the first pay period ending in January, April, July and October of each year. [SCC 2.30.230] RULE 11. RECOGNITION UPON RETIREMENT Commissioners who do not complete their first term on the Commission will receive a certificate of recognition. Commissioners who retire or fail to be reappointed after one term on the Commission will receive a plaque in recognition of their service. Commissioners who retire or fail to be reappointed after two or more terms on the Commission will receive an engraved gold pan in recognition of their service to the City. RULE 12. ADMINISTRATION As directed by the City Manager, the Community Development Department (referred to as the "Administration") provides administrative support for the Commission. The Community Development Director and City Planner serve as the technical advisors of the Commission but shall not have the power to vote. Administration shall attend all Commission meetings and shall provide to the Commission the resources necessary for effective governance in planning, platting, and land use regulation, including administrative support, training, advice, recommendations when the Commission acts in its advisory capacity, and facilitation of Commission meetings and actions. At regular meetings of the Commission, Administration will report on matters pertaining to the administration of planning, preliminary plats, land use regulation, and subdivisions. Administration is authorized to receive, review, and process all correspondence addressed to the Commission or to Commissioners in their official capacity. If requested, Commissioners shall forward to Administration all correspondence pertaining to official business of the Commission. 8 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 15 The City Clerk will support the Commission by properly advertising the meetings as required by the Alaska Open Meetings Act, attend the regular Commission meetings, serve as parliamentarian, and keep a record of Commission proceedings. [SCC 2.30.217] The Commission is not authorized to employ or direct the employment or removal of any administrative officer or employee of the City. [Charter of the City of Seward § 3.6 (c)] RULE 13. GIVING DIRECTION TO ADMINISTRATION Administration works for the City Manager who ultimately takes direction from City Council. Administration may not take direction from any individual member of the Commission if doing so would conflict with the wishes of the majority of the Commission, the City Manager, or City Council. Commissioners as a body may request Administration to provide research material as well as draft resolutions, memorandums, or other documents related to Commission business. Such requests shall be made at a meeting or work session to give any dissenting members of the Commission the opportunity to object to the request and to assure Administration that the direction given is supported by a majority of the Commission. RULE 14. FREEDOM OF INFORMATION State and city law allows liberal access to public records. Public records include any communication, regardless of form, relating to the conduct of City business. All requests for public information are made through the City Clerk's office. In short, any communication you as a Commissioner has in relation to City business shall be made available if requested by a member of the public. SECTION II — COMMISSION MEETINGS RULE 15. OPEN TO THE PUBLIC The State of Alaska's Open Meetings Act (OMA) [AS 44.62.310-.312] requires that all meetings of a public entity's governing body be open to the public and that the body provide reasonable notice of its meetings. The Open Meetings Act is intended to ensure that decisions made and actions taken are public knowledge and represent the will of the public that the governing body serves. The public must be given a reasonable opportunity to be heard at all regular and special meetings. All meetings of the Commission are open to the public, [SCC § 2.30.220 C] except as provided in SCC § 2.10.033 (Executive Sessions) and a governmental body performing a judicial or quasi-judicial function when holding a meeting solely to make a decision in an adjudicatory proceeding. [AS §44. 62.310 (d) (1)] An adjudicatory proceeding is generally one in which the rights of specific individuals or entities are being determined, such as an application for a conditional use permit. Because a governmental body performing quasi-judicial functions is exempt from OMA, the body may meet in a session closed to the public to deliberate the matter. However, any final vote upon a matter deliberated in private shall be made in a meeting open to the public. The OMA only applies to meetings of more than three members. Specifically, a "meeting" under OMA occurs when "more than three members or a majority of the members, whichever is less, are 9 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 16 present" to consider a matter upon which the governmental body is empowered to make decisions. RULE 16. MEETING DEFINITION There are two definitions for meetings in the Open Meetings Act. There is one for decision making bodies and there is one for advisory bodies. The Commission falls under both definitions depending on if the Commission is advising the Council or Borough (advisory), or if the Commission is performing a quasi-judicial function (decision making). When serving as a decision -making body, a meeting means a gathering of members of a governmental body when more than three members or a majority of the members, whichever is less, are present, a matter upon which the governmental body is empowered to act is considered by the members collectively, and the governmental body has the authority to establish policies or make decisions for the public entity. [AS 44.62.310 h.2.A] When serving as an advisory body, a meeting means a gathering of members of a governmental body when the gathering is prearranged for the purpose of considering a matter upon which the governmental body is empowered to act and the governmental body has only authority to advise or make recommendations for a public entity but has no authority to establish policies or make decisions for the public entity. [AS 44.62.310 h.2.B] RULE 17. QUORUM At all meetings of the Commission, four Commissioners who are present and eligible to vote constitute a quorum for the transaction of business. In the absence of a quorum, any number less than a quorum may adjourn a meeting to a later date. A Commission meeting adjourned under the previous provision is considered a regular meeting for all purposes. [SCC § 2.30.218] RULE 18. REGULAR MEETING A regular meeting of the Commission refers to the periodic business meeting on the first Tuesday of the month where official city business is discussed. The Commission may take official action during their regular meetings. Regular meetings shall be conducted under the current edition of Robert's Rules of Order, Newly Revised Edition. RULE 19. SPECIAL MEETING A special meeting of the Commission may be held at the call of the Chair, Administration, or the City Manager. Notice of the special meeting will be prepared in writing by Administration. The notice must contain the time, place, and business to be transacted. No business shall be transacted at any special meeting of the Commission except that stated in the meeting notice. The location of the special meeting shall be selected with consideration for the reasonable accommodation of the public. Special meetings will be facilitated in the same manner as a regular meeting. RULE 20. EXECUTIVE SESSION Executive sessions are defined as the part of a public meeting from which the public may be excluded. Unless overruled by the Commission, the Chair determines who is needed in an executive session, which may include Administration, the City Clerk, and the City Attorney. The motion to convene in executive session must clearly and with specificity describe the subject of 10 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 17 the proposed executive session without defeating the purpose of addressing the subject in private. Executive sessions should be part of a regular meeting or special meeting and should state the purpose for the session with particularity. Action may not be taken at an executive session except to give direction to Administration or an attorney. The following items are generally permissible to discuss in executive session: Matters that the immediate knowledge of would have an adverse effect upon the finances of the city. [AS 44.62.310 c.1 J [SCC § 2.10.033 E.1] Subjects that tend to prejudice the reputation and character of any person provided that the person may request a public discussion. [AS 44.62.310 c.2] [SCC § 2.10.033 E.2] Matters which by law, municipal Charter or ordinances are required to be confidential. [AS 44.62.310 c.3] [SCC § 2.10.033 E.3] Matters involving consideration of government records that by law are not subject to public disclosure. [AS 44.62.310 c.4] [SCC ' 2.10.033 E.4] The Commission may also call an executive session to deliberate a quasi-judicial proceeding. [AS 44.62.310 d.1J [SCC § 2.10.033 FJ RULE 21. WORK SESSION Work sessions of the Commission are convened for the purposes of planning, studying, and discussing any questions permitted by law pertaining to items that fall under the purview of the Commission. No action shall be taken by the Commission on any matters discussed in the work session until the matter is placed on a regular or special meeting agenda. The Chair may, at their discretion, relax Robert's Rules of Order and other measures designed for conducting formal proceedings, especially to allow the public to participate. The executive assistant may, if requested by the Chair, deliver the microphone to the public in the audience wishing to speak. RULE 22. FIELD TRIPS The Commission may take field trips to view property or for other purposes relevant to a public hearing or other matters under consideration. All official Commission field trips shall be taken as part of a regular or special meeting, and all interested public shall be afforded the opportunity to be present to view the property and hear any reports or comments. Agendas for all field trips of the Commission shall be prepared and posted in accordance with Alaska law. A record of the field trips shall be entered into the minutes, so that the record shall indicate that the field trip was taken into consideration as evidence. Unless officially sanctioned, Commissioners may not visit any property that will be before the Commission as part of an upcoming quasi-judicial proceeding. RULE 23. MEETING PACKETS Administration will prepare a meeting packet prior to Commission meetings, including work sessions. The packet will include the agenda for that meeting and all resolutions, reports, documents, and information pertinent to items listed on that agenda. 11 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 18 RULE 24. LOCATION All regular meetings and work sessions of the Commission are held in the Council Chambers in the Seward City Hall or at such other place as may be determined by Administration upon consideration of the reasonable accommodation of the public. [SCC § 2.30.220 A] RULE 25. TIME AND DAY The doors of the Council Chambers or advertised alternate meeting place should be open no later than 15 minutes before the start of the meeting. The regular meetings of the Commission are held on the first Tuesday of each month at 7:00 p.m. [SCC § 2.30.220 A] The work sessions of the Commission are held on the third Tuesday of each month at 6:00 p.m. Administration may call for an additional work session at 5:30 p.m. or 6:00 p.m. on the first Tuesday of each month prior to the regular meeting. Special meetings may be held at such other times as the Commission may determine. [SCC § 2.30.220 Al RULE 26. TIME RESTRICTIONS All regular and special meetings of the Commission shall adjourn no later than 10:30 p.m. The Commission shall not adjourn prior to 10:30 p.m. unless all agenda items have been addressed, and presentations and comments by members of the general public have been heard. In the event the Commission's business has not been completed by the time set herein, the Commission may, after hearing final public comments, recess the meeting to another day, call a special meeting to complete the agenda and adjourn, or adjourn. If the meeting is adjourned without making other provisions for the completion of the agenda items, then such uncompleted matters shall be presented at the next regularly scheduled Commission meeting under the agenda section for unfinished business. [SCC § 2.30.221] SECTION III — MEETING PROCEDURES RULE 27. CHAIR A Chair and Vice -Chair of the Commission should be selected annually from and by the Commission during the first regular meeting in March or at the first regular meeting held after March if the Commission does not have quorum for their March meeting. The Chair will preside at all Commission meetings, may participate in discussion, and shall vote on any matter of the Commission. In the absence of the Chair, the Vice -Chair shall exercise all powers of the Chair. In the absence of both the Chair and Vice -Chair, the Commission will select at the beginning of the meeting one of the present Commissioners to serve as the Chair and that Chair shall exercise all powers of the Chair. [SCC § 2.30.210 B] The Chair and Vice -Chair have the opportunity to meet with Administration prior to the meeting to preview the agenda and address any procedural concerns. The Chair is required to meet with the City Clerk to sign the official minutes and approved resolutions. 12 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 19 RULE 28. SEATING ARRANGEMENT The Chair shall sit at the center of the dais and the Vice -Chair shall sit on the immediate left hand side of the Chair. The rest of the seats shall be assigned in order of seniority with the newest Commissioners filling the outermost seats on the dais. RULE 29. FORMS OF ADDRESS The Chair shall be addressed as "Chair (surname)". The Vice -Chair, when acting for the Chair, shall be addressed as "Vice -Chair (surname)". Members of the Commission shall be addressed as "Commissioner (surname)". The Chair may ask the City Clerk, Administration, and other staff if they have a preference of address. Address members of the public as "Mr., Mrs., or Ms." unless stated otherwise by that individual. Formal address helps establish the civility that is needed for a meeting. This formality may be waived for work sessions. RULE 30. DECORUM Commissioners: When the Commission is in session, Commissioners must preserve order and decorum and no Commissioner shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Commission, nor disturb any Commissioner while speaking, nor refuse to obey the orders of the person presiding. Other persons: A member of the public may not be stopped for speaking because of the viewpoint being expressed. However, a person may be stopped for disrupting, disturbing, or impeding the meeting when speaking longer than the time limit, when being unduly repetitious, or when discussing or presenting irrelevant matters. Such non -germane speech disrupts, disturbs, or impedes public meetings when the Commission is prevented from accomplishing its business in a reasonably efficient manner or when the speech interferes with the rights of other speakers. The Chair may ask a disruptive person to return to their seat and be quiet or ask the person to leave the room. The Chair may also stop a disruptive person from speaking, preferably after giving a warning unless the unique circumstances justify immediate action. The Commission may overturn the Chair's decision and grant permission to allow a disruptive person to continue with a motion, second, and majority vote in favor. A person stopped for non -germane speech during a meeting is welcome to submit their speech to the City Clerk's Office. RULE 31. RULES OF ORDER All meetings shall be conducted in accordance with the current edition of Robert's Rules of Order, Newly Revised. [SCC§ 2.30.220 DJ The City Clerk shall serve as parliamentarian and shall advise the Chair as to correct rules of procedure of specific rule application. [SCC § 2.10.086 A] The Commission adopts parliamentary procedure as the normal and customary rules of order for the conduct of Commission meetings. However, the Chair may relax parliamentary procedure to facilitate discussion or to add reasonable efficiency to the conduct of meetings. The Chair may move, second, and debate from the Chair, subject only to the limitations of debate imposed by the code and charter on all Commissioners and shall not be deprived of any of the rights and privileges of a Commissioner by reason of acting as Chair. Generally, the Chair should defer to the other Commissioners and encourage them to speak first. 13 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 20 Every Commissioner desiring to speak shall address the Chair, and upon recognition by the Chair, shall speak to the question under debate. A Commissioner, once recognized, should not be interrupted in speaking unless called to order by the Chair. If a Commissioner, while speaking, is called to order, the member should cease speaking until the question of order be determined and, if in order, the member shall be permitted to proceed. RULE 32. MOTIONS A motion in this context is a formal request by a Commissioner for the Commission to make a decision about an item under the purview of the Commission. A motion shall be stated in the affirmative. Another Commissioner must second a motion before further consideration can occur and that motion dies for lack of a second if no other Commissioner endorses the proposal. Existing law, these Rules of Procedure, and Robert's Rules of Order, Newly Revised respectfully govern procedures pertaining to discussion of a motion. After discussion, the Chair will call for a vote on the motion and the City Clerk will record the roll call vote. Once a motion is duly adopted or rejected, it shall be recorded in the official record of the Commission as a decisional action by the Commission. RULE 33. RESOLUTIONS A resolution is a main motion of such importance or length as to be in writing, often containing a preamble of "Whereas" clauses giving foundational reasonings leading to the actual resolution. The motion to adopt a resolution must be made in the affirmative. The Commission shall process decisional matters in the form of a resolution when required by law, including when entertaining requests for conditional use permits, zoning variances, sign variances, and floodplain management variances. The Commission may act by resolution in any other instances where the action or expression of policy or advice warrants a form of expression more formal or detailed than a simple motion. A reasonable number of printed copies of all proposed resolutions on the agenda shall be available for public inspection at that Commission meeting. The title of each resolution on the regular business agenda must be read prior to the vote on passage, generally by the City Clerk. The titles of all resolutions passed in the consent agenda must be read only after passage. The final decisional vote on a resolution may occur on the same day it is introduced. However, the Commission is allowed to take longer to decide, and may adopt a resolution approving a conditional use permit or variance at any time after the public hearing. [SCC § 15.10.320 E; SCC § 15.10.325 E] Unless otherwise stated, a Commission resolution takes effect at the time of passage. However, a Commission resolution adopted pursuant to any zoning provision of the Seward City Code Chapter 15.10 becomes effective when the approved resolution has been posted in at least three public places continuously for ten days unless appealed. 14 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 21 RULE 34. AMENDMENTS An amendment is a minor change or addition designed to improve a resolution. Commissioners may, during discussion of a resolution, make a motion to amend the resolution. If the motion receives a second, discussion on the amendment will occur followed by a vote to decide if the Commission formally accepts the amendment to the resolution. Any final vote on a resolution will include all accepted amendments by the Commission. RULE 35. VOTING All votes shall be taken by roll call vote by the City Clerk. The voting sequence shall be alternated for each meeting with the Chair always voting last. Each Commissioner shall answer by the word "yes" or "no". All Commissioners, unless lawfully excused, shall vote on each question before the Commission. The affirmative votes of at least a majority of those Commissioners present shall be required for official action unless a larger majority is required by law. [SCC 2.30.223] The City Clerk shall record how each Commissioner voted on the motion. For motions pertaining to matters of minor importance or when there appears to be no opposition to the motion, the Chair may in their discretion call for unanimous consent rather than a roll call vote. An objection to unanimous consent by any Commissioner is non -debatable, and will require reverting to a roll call vote in accordance with the paragraph above. RULE 36. RECONSIDERATION A motion to reconsider may be applied to any resolution or action of the Commission and has precedence over all motions except the motion to adjourn. A Commissioner may make a motion to reconsider only if the Commissioner voted on the prevailing side on the questions to be reconsidered and if the Commissioner makes a motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken or the Commissioner files a written note of intent to reconsider with the City Clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken and then makes the motion to reconsider at the next regular Commission meeting. If a motion to reconsider is considered timely and acceptable to the City Clerk, the motion will need a second. Any Commissioner, regardless of how they voted on the original action, may second a motion to reconsider. If a motion to reconsider receives a second, discussion is allowed on the motion. A motion to reconsider requires a two-thirds vote to carry. If the motion to reconsider is approved, the item will go back on the floor in its last state prior to the final vote on the main motion and then can be amended. Only one motion to reconsider will be entertained on a particular item. Motions may not be reconsidered if a motion can be renewed within a reasonable time or when practically the same result can be obtained by some other parliamentary motion. [SCC § 2.10.086 E] SECTION IV — REGULAR MEETING AGENDA RULE 37. AGENDA TEMPLATE 15 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 22 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING (Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed under Item 6. Consent Agenda items are not considered separately unless a Commissioner requests. No second or vote is needed. In the event of such a request, the item is returned to the Regular Agenda. Marked with *.) 6. CONSENT AGENDA A. Minutes of Preceding Meeting 1)* Approve DATE Planning & Zoning Commission Meeting Minutes B. Resolutions 1)* Resolution 20XX-XXX... C. Other Items 1)* Discuss 7. SPECIAL ORDERS, PRESENTATIONS, AND REPORTS A. Proclamations and Awards 1) Proclamation 2) Award B. City Administration Report C. Other Reports and Announcements 1) Report 2) Announcements D. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by the Commission.) 1) Presentation 8. PUBLIC HEARINGS (Chair shall ask if any Commissioner needs to declare a conflict of interest at this time. Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.) A. Resolutions Requiring Public Hearing 1) Resolution 20XX-XXX 16 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 23 9. UNFINISHED BUSINESS A. Resolutions 1) Resolution 20XX-XXX B. Other Items 1) Discuss 10. NEW BUSINESS A. Resolutions 1) Resolution 20XX-XXX B. Other New Business 1) Discuss work session topics 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Reminder of upcoming P&Z Meetings 1) Work Session at 6:00 p.m. on DATE, LOCATION (a) Determine Commissioner intentions to attend work session to establish a quorum 2) Regular Meeting at 7:00 p.m. on DATE, LOCATION (a) Determine Commissioner intentions to attend meeting to establish a quorum B. Other Items 12. FINAL PUBLIC COMMENTS (There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.) 13. ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS 14. EXECUTIVE SESSION 15. ADJOURNMENT RULE 38. CALL TO ORDER The Chair will gavel in the meeting and call it to order, stating the time, day, and date. The Chair will serve as the presiding officer at all meetings of the Commission. RULE 39. PLEDGE OF ALLEGIANCE The Chair will invite all to join in the Pledge of Allegiance, or ask a member of the Commission or Administration to lead the Pledge of Allegiance. RULE 40. ROLL CALL The City Clerk will take roll to determine which Commissioners are in attendance, state which 17 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 24 Commissioners are absent and if excused or unexcused, and state if a quorum is established. RULE 41. PUBLIC COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The Commission shall provide reasonable opportunity for the public to be heard at regular and special meetings in accordance with AS 29.20.020. At this point in the meeting, the public has the opportunity to share with the Commission any comments that are not related to public hearing items on the meeting agenda. The public will have the opportunity to share comments on the public hearing items later in the meeting during the public hearing. Any member of the public wishing to speak may sign in prior to the meeting informing the City Clerk of their intent to speak. Those who have signed in will be given the first opportunity to speak in the order in which they signed in. After all the members of the public who have signed in have spoken, the Chair will ask if anyone else in the attendance wishes to speak. Each person addressing the Commission should sit at the table and speak clearly into the microphone. The Chair will advise them to state their name for the record and whether they live inside or outside Seward city limits. Time is limited to three minutes per person with a total of 36 minutes allocated to this section of the meeting. During any session of public comments and during any public hearing, the Chair may: 1) Avoid repetition by requiring that one or more spokespersons be selected if an identifiable group is there to provide the same or very similar comments in support of the same or similar position on an issue. 2) Modify either or all of the individual time limits for presentations, the number of citizens commenting or testifying, or the total time allotted for all comments or testimony. A person desiring to address the Commission should address all remarks to the Chair and Commission as a body and not to any member of the Commission. Commissioners wishing to respond to public comments will have the opportunity to do so before the meeting is adjourned, however a Commissioner may ask a clarification question to the person or Administration at this time. No person or group shall disrupt a Commission meeting. RULE 42. APPROVAL OF AGENDA AND CONSENT AGENDA The Commission will vote to approve the current meeting's agenda and consent agenda. 1) Agenda: a. Administration will place on the agenda any appropriate item of legitimate information or Commission business. The agenda should be drafted by Administration subject to approval by the Chair, unless limited by law, for public notice and consideration by the Commission. Commissioners and members of the public may request an item to be placed on the agenda. If the request falls under the 18 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 25 purview of the Commission, Administration will bring that request to the Commission and ask the Commission if they would like to add a requested item to a meeting or work session agenda, or determine where they would rank the requested item among the current Commission priorities. No matters other than those on the agenda may be acted upon by the Commission. b. Administration will place an appropriate item on the agenda once there has been sufficient time for administrative review and public notice, which is at least two weeks prior to the next regular meeting if the item does not require a public hearing, and at least four weeks prior to the next regular or special meeting if the item does require a public hearing (such as a variance, conditional use permit, or preliminary plat review). Administration may postpone adding an item to the agenda for an additional reasonable time if the item requires further research and analysis for staff. In this case, Administration will provide an update to this item in the City Administration report. c. Matters that seem to be emergencies or of an urgent need by the Chair, any Commissioner, or Administration, with an explanation of the emergency or urgency stated in the open Commission meeting, may, with the consent of the Commission majority present, be considered and acted upon by the Commission. d. The Commission may delete an item on the agenda or defer an item of the agenda to a subsequent meeting upon the request of a single Commissioner if there is no objection from the remaining Commissioners. If any Commissioner objects, the item can be deleted or deferred only by a formal motion approved by a majority of those Commissioners present and voting. e. The agenda is approved with a single motion, second, no discussion, and a single vote. Once the Commission has adopted the motion approving the agenda, no subject matter other than those items on the agenda may be discussed or brought to a vote for formal action or decision at that meeting. 2) Consent Agenda: a. Matters on the meeting agenda which are considered routine by Administration and the City Clerk, such as meeting minutes and routine resolutions, shall be put on the consent agenda and marked with an asterisk. b. If a Commissioner or member of the public does not approve of an item being on the consent agenda or wishes to engage in further discussion on an item on the consent agenda, that specific item can be removed from the consent agenda by request. If an item is removed from the consent agenda, the item shall be considered under the regular meeting agenda. c. All items appearing on the consent agenda are approved with a single motion, 19 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 26 second, no discussion and a single vote. d. After approval of the agenda and consent agenda, the City Clerk will read into the record the items listed on the consent agenda. RULE 43. CONSENT AGENDA ITEMS Any item on the consent agenda may be removed from the consent agenda and moved to the regular meeting agenda in accordance with Rule 42 of this document. The following items may appear on the consent agenda: Minutes of Preceding Meeting: This is a written summary of the previously held Commission regular meeting. Resolutions: Resolutions may appear on the consent agenda if Administration considers the resolution routine and expects it to pass unanimously. Other Items: Other items may be put on the consent agenda at the discretion of the Chair. RULE 44. SPECIAL ORDERS, PRESENTATION, AND REPORTS Proclamations and Awards: The Chair will be responsible for facilitating the reading of any proclamation and the announcement of any award. The Chair may ask another member of the Commission to read the proclamation or present the award. City Administration Report: Administration will present any city administration information updates that are relevant to the public or the work of the Commission. Other Reports and Announcements: Administration will add any additional reports or announcements that are relevant to the public or the work of the Commission to the meeting agenda. Presentations: Administration may schedule a presentation during the Commission's regular meeting. The presentation topic would be relevant to the work of the Commission. Presentations are limited to ten minutes each, excluding questions and answers, and are limited to two per meeting unless increased by the Commission. RULE 45. PUBLIC HEARINGS A public hearing is an item on the meeting agenda where members of the public give testimony on a specific agenda item for the record. At a public hearing, members of the public shall be given a reasonable opportunity to be heard. [AS 29.20.020] This rule pertains specifically to quasi -legislative public hearings. The process for quasi-judicial public hearings is outlined in Rule 59. A sign -in sheet shall be provided for those wishing to address the Commission under "Public Hearings". 20 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 27 The public hearing shall be conducted in the following order: 1) The Chair announces the agenda item as a public hearing item and asks the City Clerk to read the title into the record. 2) The Chair asks if any Commissioner wishes to declare a conflict of interest, or if anyone seeks to disqualify a Commissioner from participating in a decision on the basis of a perceived conflict of interest which has not been declared, and so rules. (See Rule 75) 3) The Chair asks if there is a motion and a second to approve the resolution. If there is no motion and second, the item will not be considered. 4) If a motion to approve the resolution receives a second, the Chair will call on Administration to provide a short summary of the matter. 5) If applicable, the Chair then asks the applicant or applicant's representative to speak on the application if they so desire. They must speak from the table, state their name and connection with the application, and whether they live inside or outside city limits. They are allotted 10 minutes total to speak, but may reserve time for a rebuttal after the public hearing is closed. Commissioners may ask questions through the Chair, and time may be adjusted as needed. 6) At the conclusion of the staff report and presentation by the applicant, the Chair will open the public hearing. The following Rules of Order in compliance with the Open Meetings Act are intended to promote an orderly system of holding a public hearing, to give every person an opportunity to be heard and to ensure that no individual is deterred from exercising their right of free speech: a. All comments by proponents, opponents, and the public shall be made from the speaker's table and any individual making comments shall state their name and whether they live inside or outside city limits in an audible tone of voice for the record. This is required because an official record of the public hearing is being made. No comments shall be made from any location except the table. Comments are limited to five minutes. No person who has previously spoken during the public hearing on a particular item may speak again unless all other persons desiring to give testimony at the public hearing have spoken. A person speaking for a second time shall limit their testimony to not more than one minute. b. The public may not ask questions of the Commission or Administration. However, Commissioners may ask questions of those giving testimony, and the time allotted to a speaker for public testimony shall be extended automatically to provide additional time which is reasonably sufficient to answer all questions posed. 21 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 28 7) The Chair will ask the City Clerk if anyone has signed in. The Clerk reads the first name and the Chair opens the floor to those on the sign -in sheet in the order which they appear on the sheet. 8) The Chair calls for any comments from those in the audience who did not sign in. 9) When all public testimony has concluded, the Chair closes the public hearing and announces that the record is closed and no further comments or records will be accepted. 10) Following the conclusion of the public hearing, discussion and deliberation occurs among the Commission. The Chair will acknowledge individual Commissioners wishing to speak, giving the Commissioner who made the motion and then the one who seconded the motion the first opportunity to speak. 11) When a motion is within the period of discussion, it is subject to amendment. When an amendment is seen as "friendly", that is, compatible with the previous motion by the initial mover and seconder, the amendment may be incorporated directly into the previous motion by verbal assent. Otherwise, it must be debated and decided. All motions to amend the previous motion must be decided prior to deliberation and vote on the main motion. 12) The Chair asks if there is any further discussion by the Commissioners. 13) The Chair asks if there are any final comments from Administration. 14) The Chair asks if the Commissioners are ready to vote. 15) The City Clerk conducts a roll call vote and announces the results. RULE 46. UNFINISHED BUSINESS The Commission should take up any postponed agenda item from a previous meeting at this time. RULE 47. NEW BUSINESS Resolutions: Any resolutions that do not require a public hearing will appear in new business. Other New Business: 1) The Commission will confer with Administration to decide the work session topic(s) for the next scheduled work session. 2) At the discretion of the Chair, any other items of discussion that do not fall within the parameters of the rest of the meeting agenda will be placed in new business. RULE 48. INFORMATIONAL ITEMS AND REPORTS Reminder of Meetings: The next work session and regular meeting dates and times should be posted. 22 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 29 Other Items: At the discretion of the Chair, any other informational items or reports that do not fall within the parameters of the rest of the meeting agenda will be placed in informational items and reports. RULE 49. FINAL PUBLIC COMMENTS Just before the end of the meeting, the public has the opportunity to make final comments before the meeting adjourns. There is no sign -in process for this comment period. The order in which members may speak will be at the discretion of the Chair. Time is limited to five minutes per person. A member of the public wishing to speak will sit at the table, speak clearly into the microphone, and state their name for the record and whether they live inside or outside Seward city limits. RULE 50. ADMINISTRATION AND COMMISSION COMMENTS AND RESPONSES TO PUBLIC COMMENTS Every administrative staff member and Commissioner will have the opportunity to state for the record any responses to public comments and/or final comments before adjournment. Any action that needs further attention before the next scheduled meeting should be determined during this time. RULE 51. EXECUTIVE SESSION If the Commission moves into executive session, the public will be required to leave the Council Chambers, the doors will be shut, and the YouTube stream will be paused. The Commission may only meet in executive session in accordance with Rule 19. After the conclusion of the executive session, the public will be invited back into Council Chambers and the YouTube stream will be continued. RULE 52. ADJOURNMENT The Chair will adjourn the meeting and state the time. SECTION V — CONDITIONAL USE PERMITS AND VARIANCES RULE 53. CONDITIONAL USE PERMIT (CUP) It is recognized that there are some uses which may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property, and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The Commission shall permit this type of use if the conditions and requirements listed in SCC § 15.10.320 D are met. The allowed uses are listed in the Land Uses Allowed Table which can be found in SCC § 15.10.226. [SCC § 15.10.320 A] The CUP process gives the Commission the authority to evaluate and impose site specific conditions when approving an application or to deny an application when the impacts of the proposed use cannot satisfy the code requirements. In short, a CUP allows a development that is expressly permitted. 23 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 30 RULE 54. VARIANCES When the literal enforcement of planning and land use regulations would deprive a property owner of the reasonable use of their real property, a variance would allow for the relaxation of the development requirements to provide relief. [SCC § 15.10.325 A] In short, the variance process gives the Commission the authority to relax the requirements written in code for a development that is otherwise expressly prohibited because of special conditions and circumstances. RULE 55. CONDITIONAL USE PERMIT AND VARIANCE PROCESS Both CUPs and variances come before the Commission because the development application requires additional scrutiny and evaluation, more than what a simple review of code would provide. For these types of applications, code outlines certain 'review criteria' which must be met in order to approve the application. It is the Commission's responsibility to establish findings during their meeting, either in support or opposition, to each of the review criteria. A CUP or variance application comes through the Community Development Department and is reviewed for basic compliance with Title 15 and sent to city department heads for feedback on any concerns or requested conditions. The Resolution is then drafted as if being presented by the applicant and thus written in the affirmative, e.g. "The Seward Planning and Zoning Commission Granting a Variance" or "Granting a Conditional Use Permit". The information presented in the packet is primarily what has been provided by the applicant as well as a general analysis of the area and current land use provided by the staff report. The Commission should not confuse the fact that the Resolution is written in the affirmative as a recommendation from staff or that the application meets the review criteria and should be approved. The Commission needs to consider all the information presented during the public hearing by the applicant, by the public, and by Commissioners and determine if the application and findings satisfy the code requirements. If the Commission makes findings that necessitate a condition to satisfy the review criteria, then a Commissioner should move to amend the resolution to include the condition. When proposing conditions, the Commission should keep in mind that the conditions should directly relate to making the use comply to the review criteria, as well as the logistics of enforcement. If the Commission determines that there is not a way for the proposed use to comply with the review criteria, then the application should be denied. Administration will not provide a recommendation to approve or deny the application because the Commission is empowered to make those decisions and staff desires to be neutral. Administration may identify issues for the Commission to consider based on research of the application. Overall, it is the goal of Administration to remain as neutral as possible in an effort to protect public trust in the process. If Administration determines an application is incomplete or a clear violation of the Code, Administration may issue an appealable decision that withholds submission of the application to the Commission. However, Administration intends to submit a development application that presents an alternative, but good faith interpretation of Code or adherence to the Comprehensive 24 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 31 Plan to the Commission, so the Commission, can determine if it agrees or disagrees with the applicant's interpretation. The Commission is authorized to interpret Title 15 or Title 16 when issuing a final decision on a development application. [SCC 5C 2.30.225 A 1; SCC § 16.01.040] RULE 56. PUBLIC COMMENT AND MEETING MATERIALS Members of the public are encouraged to submit written comments, reports, and exhibits ("material") in relation to items on the Commission agenda, particularly relating to CUPs and variances as this information can aid the Commission in making decisions. However, material submitted close to the hearing date, especially voluminous written material offered at a public hearing, can result in inequities. The Commission adopts this Rule to give staff and the applicant a reasonable opportunity to analyze public comments, to give the public a reasonable opportunity to submit material before and after publication of the packet, to give the members of the Commission a reasonable opportunity to review the meeting packets, and to give the Commission the ability to balance the relevance and prejudice of any late material. Members of the public should assume that the members of the Commission have read all materials submitted in advance of the meeting. This Rule does not apply to the applicant. While most of the applicant's material may be included in the meeting packet, the applicant may submit additional information leading up to or at the proceeding. Administration will assist the applicant in ensuring all material submitted by the applicant is made available to the Commission and the public. 1) Timely Material for Inclusion in Packet: a. Material, including public comments, applicant comments, and supplemental staff reports, submitted to the Community Development department before close of business one week prior to the meeting (Tuesday) is considered timely submitted and will be included in a packet for that meeting. Material submitted after that deadline is subject to the late submittal policy below. b. If a member of the public wishes to use electronic slides (PowerPoint or the equivalent) during public testimony, an electronic version of those slides must be provided to the Community Development staff by the same deadline for timely written material. 2) Material Submitted After Packet Deadline a. Material submitted after the packet deadline but before noon the day before the meeting, i.e. Monday, will be emailed to the Commission and applicant before the end of the workday on Monday and be presented as a laydown at the Commission meeting as well as made available on the City's website. Maps, graphics, photographs, and no more than the equivalent of two single -sided printed pages of written information are allowed to be submitted during this time frame. 25 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 32 b. Material submitted after noon the day before the meeting, i.e. Monday, must be submitted at the meeting in person or by a representative for that person during the opportunity for public comment. Maps, graphics, photographs, and no more than the equivalent of two single -sided printed pages of written information are allowed to be submitted at the meeting in person, subject to the public comment time limits 3) Written Comments: Written comments, with the exception of e-mail transmissions, must be signed, and the source of illustrative materials must be identified. E-mail transmissions must show the author's name. Anonymous submissions will not be accepted. 4) Quasi -Judicial Matters: Comments on conditional use permits, variances, appeals, and any other quasi-judicial matters must be sent to Administration, not to individual Commissioners. Administration will disseminate all publicly submitted material to the Commission and applicant in accordance with this Rule, and make said material available to the public as a laydown available at the meeting where the quasi-judicial proceeding is heard. The information will also be posted to and made available on the City's website. SECTION VI — QUASI-JUDICIAL PROCEEDINGS RULE 57. QUASI-JUDICIAL MEANING "Quasi-judicial" is a legal term that describes a proceeding that has some of the characteristics of a court, but is conducted by Administration or the Commission, rather than a judge. The Commission has the authority to conduct and make decisions in quasi-judicial matters such as conditional use permits, variances, appeals of floodplain management variances, and of actions and determinations of Administration. These are decisions that have a direct effect on the rights of a single person or, occasionally, a small group of identified persons. Quasi-judicial proceedings deal with matters in which a determination is made on whether a person has shown that they have met all the established requirements that give them a right to a permit, variance, or other entitlement. The Commission must determine whether, from all the evidence presented, the required standards have been met. Rules for ensuring the fairness of the process apply. RULE 58. QUASI-JUDICIAL NOTIFICATION Whenever the Commission will be tasked with conducting a quasi-judicial proceeding or whenever an appeal is filed based on a decision from Administration in a matter pertaining to the jurisdiction of the Commission, Administration shall forward all relevant information to the Commission. This is normally accomplished through the public notice of an upcoming Commission hearing and publishing of the Commission's packet. The Commission immediately becomes a quasi-judicial body and is required to be impartial adjudicators obligated to provide a fair process to evaluate the decision or application. RULE 59. QUASI-JUDICIAL PROCESS Quasi-judicial public hearings are normally held in the Council Chambers. The hearing of each petition generally follows these steps: 26 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 33 1) The Chair announces the agenda item and ask the clerk to read the resolution title into the record. 2) The Chair asks if any Commissioner wishes to declare a conflict of interest, or if anyone seeks to disqualify a Commissioner from participating in a decision on the basis of a perceived conflict of interest which has not been declared, and so rules. (See Rule 75) 3) The Chair asks if any Commissioner has engaged in ex parte communication. (See Section VI) 4) A Commissioner may make a motion to approve the resolution. However, at this point in the process, this is more of a formality. As long as the meeting is lawful, the Commission shall review all applications of quasi-judicial matters before the Commission or postpone the review to another meeting. If the Commission prefers not to make a motion to approve a quasi-judicial resolution, they may continue with the steps outlined in this process and should refer to Process Step #10 regarding the motion to approve. 5) The Chair gives Administration up to 10 minutes to briefly outline the case. 6) The applicant or applicant's representative will then have 10 minutes for their presentation. The Commissioners may direct questions to the applicant through the Chair. The applicant may reserve a portion of their time for rebuttal. 7) The Chair opens the public hearing for public testimony. Each person may testify for no more than five minutes and though they are not allowed to question the Commission, they may be questioned by the Commission, through the Chair, at any time during such presentation. 8) The Chair closes the hearing to public testimony. 9) The applicant has the right of rebuttal using the time reserved from the presentation. 10) The Chair asks if there is a motion and a second to approve the resolution. If there is no motion or second, the Commission shall draft reasons for a resolution that denies the application, which they should then adopt. 11) If the resolution to approve receives a motion and a second, the Commission discusses the motion and facts in support of or in opposition to the resolution. The Commission has the option to deliberate in an executive session. They may do so at this point in the meeting, at the end of the meeting, or schedule a subsequent meeting for the executive session. A motion must be made to convene an executive session for the purpose of deliberating a quasi-judicial proceeding and the Commission must vote to do so. While deliberations may occur during an executive session, any final vote and formal resolution adoption shall be made after the regular meeting is reconvened and opened back up to the public. 27 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 34 12) After discussion, the City Clerk conducts a roll call vote and announces the results. 13) The City Clerk will advise the applicant of the Commission's action, including findings of fact and conclusions of law. If the resolution is adopted, the City shall post a copy of the approved resolution for ten days from when it is signed by the Chair. The public has 10 days to appeal the ruling of the Commission. Unless rescinded, amended, or appealed, the approved resolution becomes effective ten days after passage and posting. If the resolution is denied, the applicant has three options: 1) Stop consideration of the item in question. 2) Prepare and submit a new application that resolves the issues that caused the Commission to reject the previous resolution. 3) Prepare and submit a new application that is substantially the same as the previous application after waiting a period of nine months from the date of the original resolution denial. 4) File a notice of appeal within 10 days of the decision with the City Clerk's office to have the Commission's action reviewed by City Council serving as the Board of Adjustment. Provisions in SCC § 15.10.410-430 govern appeals to the Board of Adjustment. RULE 60. DUE PROCESS "No person shall...be deprived of life, liberty, or property, without due process of law..." Fifth Amendment to the U.S. Constitution. The principle of due process contains two basic components: 1) Procedural Due Process: Procedural due process involves reasonable notice of a hearing before a neutral decision maker with reasonable opportunities to be heard. Procedural due process must: a. Provide adequate public notice to reasonably inform potentially interested persons of the matter, and when, where, and how to obtain additional information. b. Provide a fair hearing, i.e. orderly, well -run, at a reasonable time and location, before an impartial Commission. Commissioners may not receive or engage in ex parte contact with the applicants, other parties interested in the application, or members of the public concerning the application or issues presented in the application. 28 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 35 c. The applicant and any potentially affected person must be given a reasonable opportunity to present their case. d. Records will be kept of all proceedings, testimony, and evidence. 2) Substantive Due Process: No person may be deprived of life, liberty, or property under circumstances that are unreasonable, arbitrary, or capricious. a. All decisions are based on the facts in the case. b. Decisions are not unreasonable, arbitrary, or capricious. RULE 61. EX PARTE COMMUNICATION Direct communication between a citizen and a Commissioner in a discussion outside the public forum can be a beneficial way to exchange information and help keep Commissioners informed of the public's opinions and concerns. This is allowed for general or legislative matters. However, this is not allowed in quasi-judicial matters that are scheduled to come before the Commission or are currently before the Commission. Officials, boards, or commissions while acting in their quasi-judicial capacity shall be impartial in all matters both in fact and in appearance. Communication between a Commissioner and anyone with an interest in a quasi- judicial matter who is attempting to influence a decision outside the public forum is considered prohibited ex parte contact. Commissioners may not receive or engage in ex parte contact with the applicant, representative of the applicant, opponent of the application, other parties interested in the application, or members of the public concerning the application or issues presented in the application either before the hearing or during a period of time the matter is subject to appeal or reconsideration. In addition, a communication is considered ex parte when a Commissioner receives evidence or hears testimony outside of a duly noticed public hearing or without the knowledge and participation of all Commissioners and all parties of the proceeding. For example, if a Commissioner were to visit the site related to a variance application outside of an officially sanctioned field trip, that Commissioner would likely be gathering evidence outside of a public hearing and without the knowledge and participation of the other Commissioners, the applicant, and the public. For this example, that would likely be considered prohibited ex parte communication and would not be allowed. The period of ex parte prohibition begins, at least, when the Commission is notified that they will be engaging in a quasi-judicial proceeding or when the Commission is notified that Administration has issued a final decision that may be appealed to the Commission. The period of prohibition ends when the full time allowed for appeal at any level has ended and no appeal was filed, or when all levels of appeal have been exhausted. If prohibited ex parte communication occurred, or if a Commissioner has specific personal knowledge of a case, the Commissioner shall notify the Commission at the beginning of the quasi- 29 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 36 judicial proceeding and must disclose contact names and substance of communications, then state whether or not they can give an unbiased view to all the evidence presented. If they cannot give an unbiased view, they must refrain from participating in the proceedings. If a Commissioner must recuse themselves or is recused from a quasi-judicial proceeding, that Commissioner is not considered present for voting purposes. A majority of the remaining Commissioners present and eligible to vote are required to vote yes for the item to pass. Any action taken by the Commission where it later appears that a vote may have been tainted by the existence of a conflict of interest or any ethical violation by any Commissioner voting thereon may be subject to reconsideration and a new vote taken on the subject matter, after due consideration. RULE 62. APPEALS Any person or persons aggrieved by a Commission action or determination taken under Title 15 or Title 16 may appeal said action or determination to the City Council serving as a Board of Adjustment. Appeals of actions and determinations of Administration and appeals of floodplain management variances are heard by the Commission serving as the Board of Appeal. [SCC §15.01.025, SCC § 15.10.410 B & FJ RULE 63. APPEAL HEARING AGENDA TEMPLATE 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. INTRODUCTION OF HEARING AND PROCEDURAL MATTERS INCLUDING DECLARATION OF ANY CONFLICTS OF INTEREST OR PROHIBITED EX PARTE COMMUNICATION 5. OPENING ARGUMENTS A. Appellant: 5 minutes B. Administrative Official: 5 minutes 6. PRESENT CASE A. Appellant: 20 minutes B. Administrative Official: 20 minutes (The opposing party may cross-examine for a period not exceeding 5 minutes per witness. This shall not count against the 20 minutes) 7. REBUTTAL 30 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 37 A. Appellant: 10 minutes B. Administrative Official: 10 minutes (The opposing party may cross-examine for a period not exceeding 3 minutes per witness. This shall not count against the 10 minutes) 8. CLOSING ARGUMENTS (Following a break for preparation time) A. Appellant: 5 minutes B. Administrative Official: 5 minutes 9. EXECUTIVE SESSION — To deliberate and prepare findings of fact and conclusions of law 10. ADJOURNMENT RULE 64. INTRODUCTION OF HEARING AND PROCEDURAL MATTERS The Chair shall introduce the subject of the appeal and shall conduct the appellate hearing with a level of flexibility or formality tailored to the level of representation (lawyers or lay appellants pro per) and the level of contentiousness of the issues on appeal. Unless a majority of the Commission present as hearing officers provides otherwise for stated reasons of improving fairness and impartiality, the Chair will conduct the hearing in the spirit of recommended guidelines and suggested time limits in the following Rules. RULE 65. OPENING ARGUMENTS The appellants, and then Administration, shall each be allotted five minutes for opening oral arguments to summarize the evidence and testimony they will use to support the positions they will advocate during the hearing. RULE 66. PRESENT CASE First the appellants, and then Administration, will each be allocated 20 minutes to present evidence and testimony supporting their respective principal case. The Chair will restrict these presentations to evidence and testimony of each party's principal case, and will not allow oral argument of a position during this phase of the proceeding. All witnesses must testify under oath, administered by the City Clerk or his or her designee. Witnesses may testify either in narrative form, or in the form of responses to questions posed by the appellant or its lawyer. The opposing party may cross-examine any and all witnesses presented by the other party, for a period not exceeding five minutes per witness. The time devoted to cross-examination of a witness shall not count against the 20 minutes allotted to the party for the presentation of evidence and testimony. Following an allotted time for cross-examination, any Commissioner may question any witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised 31 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 38 on direct or cross-examination. The time devoted to questing of a witness by Commissioners shall not count against the 20 minutes allotted to the party for the presentation of evidence and testimony. RULE 67. REBUTTAL First the appellants, and then Administration, will each be allocated 10 minutes to rebut with additional evidence or testimony the prior evidence or prior testimony of the other party. The Chair will restrict these presentations to evidence and testimony addressing specifically the subject matters raised by the other party in its principal case, and will not allow oral argument of a position during this phase of the proceeding. All witnesses must testify under oath, administered by the City Clerk or his or her designee. Witnesses may testify either in narrative form, or in the form of responses to questions posed by the appellant or its lawyer. The opposing party may cross-examine any and all witnesses presented by the other party, for a period not exceeding three minutes per witness. The time devoted to cross-examination of a witness shall not count against the 10 minutes allotted to the party for the presentation of evidence and testimony. Following an allotted time for cross-examination, any Commissioner may question any witness on any matter relevant to any issue on appeal, without being restricted to prior subject matters raised on direct or cross-examination. The time devoted to questing of a witness by Commissioners shall not count against the 10 minutes allotted to the party for the presentation of evidence and testimony. RULE 68. CLOSING ARGUMENTS Following a break of 10-15 minutes for preparation time, the appellants, and then the Administrative Official, shall each be allotted five minutes for closing oral arguments, to summarize the evidence and testimony supporting the positions they have advocated during the hearing. RULE 69. DELIBERATIONS IN EXECUTIVE SESSION Following the close of the appellate hearing, the Commission shall adjourn the meeting, and conduct its deliberations and decisional process in a closed session at a time and place convenient for Commissioners, unless a majority of the Commission decides to continue some or all of the process in open session. The Commission, City Clerk, and City Attorney may be present during the executive session. RULE 70. FINDINGS AND CONCLUSIONS Within 60 days of following the filing of an appeal, the Commission shall issue its decision in the form of written findings of fact and conclusions of law. SECTION VII — RULES OF PERSONAL CONDUCT 32 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 39 RULE 71. ETHICAL CONDUCT Commissioners occupy positions of public trust and therefore should act accordingly. Commissioners shall make all decisions only in the best interests of the community of Seward as a whole, and never for personal benefit or to give unwarranted benefit or treatment to any person or entity. When in doubt as to whether a matter or circumstance raises ethical concerns in the performance of the official business of the Commission, a Commissioner should seek expert advice through the resources available to Administration. Commissioners shall disclose on the public record of the Commission any interest of theirs, or of any immediate family member, that may tend to give the appearance of unethical conduct or the appearance of impropriety in the performance of official business, including not only interests and relationships with private parties but also interests in grants, contracts, leases, loans, or other business dealings administered by the City of Seward. Disclosures should always include all information necessary for a correct evaluation of the matter. Commissioners shall not: 1) Use their influence as a member of the Commission in an attempt to secure conditional use permits, variances, employment, contracts, gifts, or other favorable actions or recommendations for themselves, friends, customers, clients, family members, or business associates; 2) Use or disclose special knowledge or information acquired through the Commission before it is made available to the general public if that use or disclosure could result in a financial or personal benefit to themselves, immediate family members, or any person; 3) Take or withhold official action on a matter in which they have a personal or financial interest; 4) Aid any Commissioner or city employee in violating this section. RULE 72. OVERRIDING FAIRNESS IN FACT AND APPEARANCE Fairness and due process is the touchstone of credible governance in American democracy. Therefore, all inquiries, deliberations, and decisions by every Commissioner in public service should always be founded in: 1) Adequate preparation beforehand; 2) Full compliance with applicable laws and rules; 3) Equality of opportunity for all citizens to be heard; 4) Attentive and courteous listening to and weighing of all points of view; 33 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 40 5) Impartiality deriving from an acknowledgement and a countering of personal prejudices; and 6) Paramount consideration of the best interests of the community as a whole. Commissioners in public service should always gauge their conduct on the side of caution to avoid any appearance of an unlawful conflict of interest, any appearance of favoritism, any appearance of participation in unlawful closed sessions, or any appearance of unlawful ex parte communications. RULE 73. COMMISSIONER INTERACTIONS Each individual Commissioner is charged with the ethical and legal responsibility to ensure full compliance with Alaska's Open Meetings Act. While it technically would not be a violation of the Open Meetings Act if a majority of Commissioners were gathered and not discussing city business, it is strongly encouraged that Commissioners do not put themselves in that position to avoid any public perception that the Commission may be holding a meeting that was not publicly noticed and open to the public. This includes in -person group conversations, email chains, and group text messaging. RULE 74. OPEN RECORDS When acting as a Commissioner, it is important to communicate in a professional manner as all records, except as provided by Seward City Code [SCC § 2.05.030] or by other provision of municipal, state or federal law, are open to inspection by the public. Every Commissioner shall, if requested, promptly upon receipt, deliver to Administration any item given to them pertaining to official business of the Commission. RULE 75. CONLICTS OF INTEREST Commissioners shall be required to complete the financial disclosure statement form, as prescribed and approved by the City Council, when initially applying for a vacant elected or appointed position, and annually thereafter so long as they hold the position. [SCC § 2.01.020 A] Commissioners, while acting in such capacity, shall not knowingly make false statements to influence official action. [SCC § 2.01.020 B.2] Commissioners shall not seek office or position or use their office or position for the purpose of obtaining anything of value for the Commissioner, an immediate family member, or a business owned by the Commissioner or in which the Commissioner holds an interest, or for the purpose of influencing any matter in which the Commissioner has a substantial financial interest. [SCC § 2.01.020 B.3] Substantial financial interest means a financial interest that would result in a pecuniary gain or loss exceeding $1,000 in a single transaction or more than $5,000.00 in the aggregate in 12 consecutive months. [SCC § 2.10.046 G] Commissioners shall not use the implied authority of office or position for the purposes of unduly influencing the decisions of others or promoting a substantial personal interest within the 34 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 41 community except when discussing in a public meeting a matter before the body. Commissioners shall refrain from using their title except when duly representing the city in an authorized capacity. Unless expressly authorized to represent an official position of the city or a body of the city, Commissioners shall refrain from implying their individual representation is that of the City of Seward by the use of their title. [SCC § 2.01.020 B.4] Commissioners shall not, for compensation, represent or assist those representing private business or personal interests before the City Council, Administration, or any borough board, Commission or agency. Nothing herein shall prevent a Commissioner from making verbal or written inquiries on behalf of constituents or the general public to members of the City Council or from requesting explanations or additional information on behalf of such constituents. No Commissioner may solicit or accept a benefit or anything of value from any person for having performed this service. [SCC § 2.01.020 B.5] Commissioners may not disclose information they know to be confidential concerning employees of the city, city property, city government, or other city affairs, including but not limited to confidential information disclosed during an executive session, unless authorized ore required to do so by law. [SCC § 2.01.020 B. 6] Commissioners may not engage in business or accept employment with, or serve as a state elected official or appointed official or render services for persons where that activity, office, or position is incompatible with the proper discharge of the Commissioner's duties or would tend to impair the Commissioner's independence of judgment in performing their duties. [SCC § 2.01.020 B. 7] For one year after leaving office, Commissioners shall not hold any compensated city office or employment that was created, or the salary or benefits of which were specially increased, in a vote by the council during the last year the Commissioner was in office. [SCC § 2.01.020 B.8] Commissioners shall not accept a gratuity from any person engaging in business with the council or having a substantial financial interest in a decision pending with the city. No Commissioner shall give a gratitude to another municipal office for the purpose of influencing that person's judgment, action, decision, or exercise of discretion as a Commissioner. This does not prohibit accepting: 1) A meal of reasonable value; 2) Discounts or prizes that are generally available to the public or large sections thereof; 3) Gifts presented by an employer to its employees in recognition of meritorious service, or civic or public awards; 4) A lawful campaign contribution made to a candidate for public office; 5) An occasional gift of insignificant value; 35 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 42 6) Any gift which would have been offered or given to the Commissioner even if the Commissioner were not a Commissioner. [SCC § 2.01.020 B.9] 7) Commissioners may not use, request or permit the use of city vehicles, equipment, materials or property for any non -city purpose, including but not limited to private financial gain, unless that use is available to the general public on the same terms or unless specifically authorized by City Council. [SCC § 2.01.020 B.10] 8) Commissioners may not take an active part in a political campaign or other political activity during an official meeting. [SCC § 2.01.020 B.11J 9) Commissioners may not place items on the dais in such a manner as to outwardly display to the public anything of an ideological nature. Ideological is defined as based on or relating to a system of ideas and ideals, especially concerning economic or political theory and policy. [SCC § 2.01.020 B.12] 10) Commissioners may not attempt to influence another municipal officer's vote or position on a particular item through contact with the municipal officer's employer or by threatening financial harm to another municipal officer. [SCC § 2.01.020 B.13] RULE 76. CONFLICT OF INTEREST PROCEDURE Prior to any discussion or vote on an issue, a Commissioner should disclose any potential conflict of interest, no matter how remote, and ask the Chair to rule on whether a conflict does exist. The Chair will then rule whether a conflict of interest sufficient to disqualify the Commissioner from participating in the matter then before the Commission does exist. Once the Chair rules on the question of conflict, any member of the Commission disagreeing with the ruling so given may make a motion (i.e. "move the Commission to disqualify Commissioner XXX because of a conflict of interest/ex parte/etc.") to appeal the ruling of the presiding officer. This motion requires a second and is debatable. Only a majority of NO votes could overturn the ruling of the Chair. The Commissioner affected may not vote on such determination. Anyone seeking to disqualify a Commissioner from participating in a decision on the basis of a perceived conflict of interest which has not been declared must raise the challenge as soon as the basis for disqualification reasonably should have been made known prior to the onset of debate and vote. The party seeking to disqualify the Commissioner shall state with specificity the basis for disqualification. The Chair would then rule on the potential conflict of interest as outlined. This ruling may be challenged by a Commissioner. A recused or disqualified Commissioner shall leave the dais, but is free to observe the proceeding and provide public comment during the public hearing. 36 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 43 SECTION VIII — RESOURCES Alaska Planning Commission Handbook October 2021: https://www. commerce. alaska. gov/web/Portals/4/pub/Planning/Planning%20Commission%20Ha ndbook%200ct%202021.pdf Alaska Statutes https://www.akleg.gov/basis/statutes.asp#01 Anchorage, Alaska Code of Ordinances: https ://library.municode. com/ak/anchorage/codes/code of ordinances?nodeld=12717 Homer, Alaska Planning Commission Training https://www. cityofhomer- ak. gov/sites/default/files/fileattachments/planning_commission/meeting/75408/ws_attorney_trai ning presentation050422.pdf Juneau, Alaska Planning Commission Rules of Order https://juneau.org/wp-content/uploads/2022/05/2021-11-10-FINAL-PC-Rules-of- Order_Signed.pdf Kenai Peninsula Borough Code of Ordinances https://library.municode.com/ak/kenai_peninsula_borough/codes/code_of ordinances?nodeId=K EPEBOCOOR Municipality of Anchorage Conditional Use Permits https://www.muni. org/Departments/OCPD/Planning/zoning/selfHelp/pages/condusepermits. aspx Robert's Rules Simplified https://www.lausd. org/cros/lib/CA01000043/Centricity/domain/577/pac/december2017/PC S %20 -%20Roberts%20Rule%20of%20order%20simplified%20Fina1%20mark.pdf Seward, Alaska Code of Ordinances: https://library.municode.com/ak/seward/codes/code_of ordinances 37 Planning & Zoning Commission Rules of Procedure Adopted: February 18, 2025 44 Planning and Zoning Commission Memorandum Meeting Date: February 18, 2025 To: Planning and Zoning Commission From: Daniel Meuninck, Community Development Director Subject: Receive Commission feedback on allowing one member of the Planning and Zoning Commission to live outside Seward City Limits if they live in the greater Seward area and own and operate a business on their property inside city limits. Background and justification: This discussion item was presented to City Council at their January 27th meeting date. Several Council members were open to the idea, but the general consensus was to wait and see how this current cycle of accepting Commissioner applications goes before bringing back any official recommendation. The terms for the Planning and Zoning Commissioners end in February and there will be three seats opening on the Commission this cycle. In the meantime, even though the Commissioner residency requirement language is found in Title II of City Code meaning the Commission has no official power to make recommended changes, Council did direct staff to bring this topic up at a future Commission meeting to allow Commissioners and the public to provide comments. For more context, on July 22nd, 2024, City Council appointed the final member to the current Planning and Zoning Commission. Prior to that date, it had been almost a year from when the last time the Planning and Zoning Commission had a full Commission (September 2023). And prior to that, the Commission was not a full strength for almost another full year from October 2021 — August 2022. Recent vacant positions even led to the Commission not being able to meet during the month of March in 2024 due to a lack of quorum. During the period this past year when there were vacant seats on the Commission, Community Development staff recruited the community to apply for the open positions. This included reaching out to several community organizations. During a presentation to the Seward Chamber of Commerce, feedback from the community, when the open seats were brought up, was that there was interest in the business community to serve on the Commission, but many of the business owners lived outside of city limits. It was suggested that the City consider allowing an individual serve on the Commission if they owned and operated a business inside city limits There is precedence for this type of allowance in other jurisdictions. Soldotna, for example, allows two of their seven Planning and Zoning Commissioners to reside outside Soldotna city limits. Two of the main benefits of making this sort of allowance would be to allow the Seward owned business community to have representation on the Commission as well as provide more competition for individuals who wish to serve on the Commission. 45 Community Development staff has had to get creative in ways to recruit for the Commission in the past and can continue to do so. Having this conversation is exploring one of those avenues and will help our staff understand the foundation we are working with as we look to continue to fill these important seats in the future. 46