CITY OF HOMER

HOMER, ALASKA

City Manager, Planning

RESOLUTION 03-09

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING THE HOMER ADVISORY PLANNING COMMISSION BYLAWS.

WHEREAS, the Homer Advisory Planning Commission Bylaw amendments were adopted by the Homer Advisory Planning Commission at their Regular Meeting of November 6, 2002.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Homer, Alaska amends the Homer Advisory Planning Commission Bylaws as follows:

A. To abide by existing Alaska State law, Borough Code of Ordinances, where applicable, and Homer City Code pertaining to planning and zoning functions;

B. To abide by Robert's Rules of Order, in so far as this treatise is consistent with Homer City Code.

C. Regular Meetings:

1. First and third Wednesday of each month at 7:00 p.m.

2. Agenda deadline is the Monday of the week preceding the meeting date at 5:00 p.m. Agenda items requiring public hearing must be received by the third Wednesday Second Monday preceding the Planning Commission meeting.

3. Items will be added to the agenda upon request of the Planning Commission or a Planning Commissioner.

4. 3. Adding items or removing items from the published agenda will be by consensus of the Commission.

D. Special Meetings:

1. Called by Chairman or majority of the Commission.

2. Items will be added to the agenda upon request of the Planning Commission or a Planning Commissioner.

3. 2. Adding items or removing items from the published agenda will be by consensus of the Commission.

4. 3. Require reasonable notification be given to the Planning Department staff and twenty-four hour notice to the Planning Commissioners.

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E. Duties and Powers of the Officers:

A Chairman and Vice-Chairman shall be selected annually in August by the appointive members. The Chairman shall preside at all meetings of the Commission, call special meetings in accordance with the by-laws, sign documents of the Commission, see that all actions and notices are properly taken, and summarize the findings of the Commission for the official record. The Vice-Chairman shall perform all duties and be subject to all responsibilities of the Chairman in his/her absence, disability or disqualification of office. The Vice-Chairman will succeed the Chairman if he/she vacates the office before the term is completed to complete the un-expired term. A new Vice-Chairman shall be elected at the next regular meeting.

F. Motions to Reconsider:

Notice of reconsideration shall be given to the Chairman or Vice-Chairman, if the Chairman is unavailable, within forty-eight hours from the time the original action was taken. A member of the Commission who voted on the prevailing side on any issue may move to reconsider the commission's action at the same meeting or at the next meeting of the body provided the above 48-hour notice has been given. Consideration is only for the original motion to which it applies.

G. Conflict of Interest:

A member of the Commission shall disqualify himself/herself from participating in any official action in which he/she has a substantial financial interest. Should the Commission member not move to disqualify himself/herself after it has been established that he/she has a substantial financial interest, the Commission may move to disqualify that member by a majority vote of the body.

H. Quorum; Voting:

Four Commission members shall constitute a quorum. Four affirmative votes are required for the passage of a resolution or motion. Conditional use permits and zoning variances require a majority plus one vote. Voting will be by verbal vote, the order to be rotated. The final vote on each resolution or motion is a recorded roll call vote. For purposes of notification to parties of interest in a matter brought before the Commission, the Chairman shall enter for the record the vote and basis for determination.

The City Manager, or his/her designee and Public Works Director shall serve as consulting members of the Commission but shall have no vote.

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I. Findings:

Findings will be recorded for conditional use permits, variances, and zoning ordinance amendments. The findings will include the result of the vote on the item and the basis of determination of the vote, as summarized by the Chairman or Vice-Chairman, in the absence of the Chairman.

J. Consensus:

The Commission may, from time-to-time, express its opinion or preference concerning a subject brought before it for consideration. Said statement, representing the will of the body and meeting of the minds of the members may be given by the presiding officer as the consensus of the body as to that subject without taking a motion and roll call vote.

K. Abstentions:

All Commission members present shall vote unless the Commission, for special reasons, permits a member to abstain. A motion to excuse a member from voting shall be made prior to the call for the question. A member of the Commission requesting to be excused from voting may make a brief oral statement of the reasons for the request and the question of granting permission to abstain shall be taken without further debate. A member may not be permitted to abstain except upon the unanimous consensus of members present. A member may not explain a vote or discuss the question while the roll call vote is being taken. A member may not change his/her vote thereafter.

L. Vacancies:

A Commission appointment is vacated under the following conditions and upon the declaration of vacancy by the Commission. The Commission shall declare a vacancy when the person appointed:

1. Fails to qualify;

2. Fails to take office within thirty days after his/her appointment;

3. Resigns and the resignation is accepted;

4. Is physically or mentally unable to perform the duties of his/her office;

5. Misses three consecutive regular meetings unless excused; or

6. Is convicted of a felony or of an offense involving a violation of his/her oath of office.

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M. General Order of Business: Planning Commission Agenda & Meeting Guidelines:

Call to Order

Approval of the Agenda

Approval of Minutes

Public Works Department Business

Public Comments Items on the Agenda

Public Hearings

Plat Consideration

Commission Business

Staff Report

Borough Report

Kachemak Bay Advisory Planning Commission Report

Port And Harbor Report

Informational Materials

Comments of the Audience

Comments of the Commission

Adjournment

1. Call To Order

A quorum is required to conduct a meeting.

2. Approval Of Agenda And Adoption Of Consent Agenda

All items on the consent agenda are considered routine and non-controversial by the Planning Commission and are approved in one motion. There will be no separate discussion of these items unless requested by a Planning Commissioner or someone from the public, in which case the item will be moved to the regular agenda and considered in normal sequence.

1. Abbreviated Plats granted approval under HCC 22.10.045

2. Time Extension Requests

3. Approval of City of Homer Projects under HCC 1.76.030 g.

4. KPB Coastal Management Program Reports

5. Commissioner Excused Absences

3. Approval Of Minutes

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Commission approves minutes, with any amendments.

4. Public Comment, Presentations

The public may speak to the Planning Commission regarding matters not on the agenda. The Chair may prescribe time limits. Public comment on agenda items will be heard at the time the item is considered by the Commission.

Presentations approved by the Planning Director, the Chair, or the Planning Commission.

A Public Works representative may address the Planning Commission.

5. Public Hearings

The Commission conducts Public Hearings by hearing a staff report, hearing public testimony and then acting on the Public Hearing items.

The Chair may prescribe time limits. The Commission may question the public.

6. Plat Consideration

The Commission hears a report from staff, testimony from applicants and the public. The Commission may ask questions of staff, applicants and the public.

7. Commission Business

The Commission hears a report from staff, testimony from applicants and the public. Commission business includes resolutions, ordinances, zoning issues, requests for reconsideration and other issues as needed. The Commission may ask questions of staff, applicants, and the public.

8. Reports

a. Borough Report

b. Kachemak Bay Advisory Planning Commission Report

9. Planning Directors Report

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10. Informational Materials

Items listed under this agenda item can be HCC meeting minutes, copies of zoning violation letters, reports and information from other government units.

11. Comments Of The Audience

Members of the audience may address the Commission on any subject. The Chair may prescribe time limits.

12. Comments Of The Commission

Commissioners may comment on any subject, including requests to staff and requests for excused absence.

13. Adjournment

Notice of the next regular or special meeting or work session will appear on the agenda following “adjournment”.

N. Procedure for Consideration of Agenda Items:

The following procedure will normally be observed:

1. Staff presents report and makes recommendation;

2. Planning Commission may ask questions on staff report and recommendation;

23. Proponents of the item Applicant makes presentation;

34. Opponents make presentation Public testimony is heard on item;

45. Applicant may make response makes rebuttal;

56. Commission may ask questions of proponents, opponents the applicant, public and staff.

O. By-Laws Amended:

The by-laws may be amended at any meeting of the Commission by a majority plus one of the members, provided that notice of said proposed amendment is given to each member in writing. The proposed amendment shall be introduced at one meeting and action shall be taken at the next a subsequent Commission meeting.

P. Procedure Manual:

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This procedure manual (including the Bylaws) will be endorsed by resolution of the Planning Commission and City Council and may be amended at any meeting of the Commission by a majority plus one of the members, provided that notice of said proposed amendment is given to each member in writing. Proposed amendments to the procedure manual shall be introduced at one meeting and action shall be taken at the next a subsequent Commission meeting.

Substantive amendments to the Bylaws and/or procedure manual will require approval of the City Council. The City Council will be informed of all non-substantive amendments.

ADOPTED BY THE HOMER CITY COUNCIL, ALASKA, this 27th day of January, 2003.

CITY OF HOMER

______________________

Jack Cushing, Mayor

ATTEST

____________________________

Mary L. Calhoun, City Clerk

Fiscal Note: NA