Memorandum 14-122 Duties and Powers of the Planning Commission on Subdivisions, Meeting Schedule, and Records of Action

Memorandum 14-122

TO:                       Mayor Wythe and Homer City Council

FROM:                Walt Wrede

DATE:                  August 4, 2014

SUBJECT:         New Ordinance / Old Topic (Ordinance 14-32)

Ordinance 14-32 entitled “AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 2.72.030 (b) REGARDING THE DUTIES AND POWERS OF THE HOMER ADVISORY PLANNING COMMISSION RELATED TO SUBDIVISIONS, AND AMENDING HOMER CITY CODE 2.72.060 REGARDING THE COMMISSIONS’S MEETING SCHEDULE AND DELETING THE REQUIREMENT TO PROVIDE RECORDS OF COMMISSION ACTION TO THE COUNCIL”, failed upon introduction at the regular Council meeting on July 28, 2014. The primary objection to this ordinance seemed to be the deletion of the requirement that the Council be notified of Commission decisions or findings at the earliest possible date. It was noted that the Planning Commission is advisory to the Council and the Council should be aware of its actions and decisions.

At the meeting I suggested that a reconsideration of the vote on Ordinance 14-32 might be appropriate because the ordinance could easily be amended to address the specific concerns voiced by the Council. Voting the Ordinance down threw out the primary objective of the Ordinance which was to make HCC 2.72.030 (b) consistent with the Borough Code with respect to Planning Commission duties and powers, and remove the clause which says Planning Commission recommendations to the Borough on Plats can be forwarded after 20 days if the Council does not disapprove of the recommendation. Ordinance 14-32 was brought to you for two reasons. First, The City Attorney thought it was important to remove inconsistency between the City and Borough Codes in order to avoid confusion and potential legal actions. Second, I was under the impression (perhaps incorrectly), that the Council did not want to hear appeals of Planning Commission recommendations to the Borough on platting matters. The Borough has not delegated platting powers to the City. Therefore, the Planning Commission in this case is advisory to the Borough, who is the final authority. The appeal of Planning Commission recommendations on the proposed Quiet Creek Subdivision Preliminary Plat brought this issue to the forefront.

The Council suggested that rather than reconsidering Ordinance 14-32, it would be better if I simply came back with a different ordinance. The packet for this meeting contains Ordinance 14-41 which addresses the concerns expressed by the Council. Specifically, it states that Planning Commission minutes should be placed in the Council packet at the first meeting after they are prepared. This requirement should serve to keep the Council up to speed on Commission decisions, findings and actions. The ordinance keeps the language contained in Ordinance 14-32 which clarifies the duties of the Commission with respect to subdivisions and plats in order to make it consistent with the Borough Code.  The ordinance also deletes the provision that says Commission recommendations on plats are forwarded to the Borough after 20 days if the Council does not disapprove.

RECOMMENDATION: Introduce and approve Ordinance 14-41.