DENALI BOROUGH, ALASKA

ORDINANCE NO. 96-06

INTRODUCED BY: Sid Michaels

POSTPONED INDEFINITELY June 9, 1996

AN ORDINANCE AMENDING CHAPTER 34 OF THE DENALI BOROUGH CODE OF ORDINANCES TO FORM A PLANNING COMMISSION OTHER THAN THE DENALI BOROUGH ASSEMBLY.

BE IT ENACTED by the Assembly of the Denali Borough, Alaska that:

Section 1. Classification.

This ordinance is of a general and permanent nature.

Section 2. Chapter 34 amended.

Chapter 34 of the Denali Borough Code of Ordinances is amended as follows:

Section 1. Establishment of Commission.

A. There is hereby established the Planning Commission for the Borough to perform the functions of planning, platting, [zoning for the Borough] land use regulation as provided by ordinance of the Denali Borough Assembly.

B. Planning and Zoning. It shall be the duty of the Commission to hold public hearings when necessary and make recommendations to the assembly on matters concerning or relating to planning and zoning, the enforcement of appropriate regulations and amendments to ordinances, or other matters within the scope of the planning and zoning power.

C. Platting. The function of platting shall be performed from time to time by the Commission, convened as the platting authority for the Borough, and completed upon it having approved or rejected proposed plats, re-plats and vacations of public ways according to law.

Section 2. Composition[.] and Qualifications.

[Until such time as it determines otherwise by ordinance the Assembly call serve as such.]

A. The Planning Commission shall consist of nine members selected as nearly as possible to reflect the population by voting districts.

B. All members of the Planning commission must meet the qualifications of a voter as contained in Chapter 66, Section 2 of the Denali Borough Code of Ordinances.

Section 3. Selection of members.

The Mayor shall appoint and the Assembly shall approve all members of the Planning Commission. For the initial formation, a vote of the Assembly will taken on each appointee in the order of their nomination until all seats are filled. The positive as well as the negative vote will be recorded. Thereafter, as individual seats become vacant, the Mayor shall appoint members to be approved by the Assembly. A vote by the Assembly will be taken on each appointee until the vacant seat is filled. The positive as well as the negative vote will be recorded.

Section 4. Terms of Office.

The letters “A” through “I” will be used to designate the seats on the Commission. The first members appointed shall, at the first meeting of the Commission, draw lots to determine length of terms and seat. The terms for the drawing shall be for three (3) one (1) year seats, three (3) two (2) year seats, and three (3) three (3) year seats. Their successors shall hold the Commission seat for a term of three (3) years, and until their successors are appointed and qualify.

Section 5. Vacancies.

A Commission seat shall become vacant if a member of the Commission leaves the area and has plans to be gone more than ninety (90) days, fails to attend three (3) consecutive meetings of the Commission, upon death, failure to qualify, resignation or removal of a Commissioner by a two thirds (2/3) majority vote of the Assembly. Vacant seats shall be filled in the same manner as described in Section 3. A member so appointed will serve out the term of that Commission seat.

Section 6. Officers.

The Commission at its first meeting after formation will select a chairperson and vice-chairperson, and any other officers the Commission deems necessary. Annually, at the first meeting held in the calendar year, the Commission will select its officers for that year. The Commission at any time, by a majority vote, may add or delete officers with the exception of the chairperson and vice-chairperson.

Section [3] 7. Quorum.

A majority of voting membership constitutes a quorum. Any act of

the Commission requires a majority affirmative vote of those voting members present.

Section [4] 8. Meetings.

Regular meetings may be held each month as needed. Special

meetings may be called by the Presiding Officer or shall; be called by him at the request of three (3) members. However, a minimum of one (1) meeting within the first six (6) months of the calendar year to select officers will be held.

Section [5] 9. Record of Meetings.

Meetings shall be public and minutes shall be kept. Minutes and

records shall be filed with the Clerk of the Borough and retained as public records.

Section [6] 10. Rules of Proceeding.

Meeting shall be conducted under Roberts Rules of Order [,] 9th

edition, Chapter 13 of the Denali Borough Code of Ordinances, and such modified or amended rules as may be adopted by the Commission.

Section [7] 11. Order of Business.

A. The order of business at regular meetings shall be:

1. Approval of minutes of previous meetings, as amended or corrected;

2. reading and disposition of correspondence;

3. unfinished business;

4. new business; and

5. miscellaneous business.

B. The order of business at special meetings shall be prescribed by the Presiding Officer.

Section [8] 12. Office and Staff.

A. The Commission shall be provided office space suitable for its needs and adequate to file its journals, resolutions, records, reference materials, correspondence and maps, plats and charts, all of which shall constitute public records of the Borough.

B. The Commission shall be furnished secretarial assistance at each meeting to assist in preparing its minutes, journals and resolutions, and as required to prepare its correspondence under the direction of the Commission Presiding Officer and Commission Clerk.

Section 13. Budget.

The Commission shall, if appropriations of funds are to be

requested, submit a budget request to the Mayor no later than March 1st of the preceding fiscal year for which funds are requested. If the Commission receives funds from or through the Borough, then an accounting of the funds must be submitted to the Borough Clerk/Treasurer within sixty (60) days of the end of the fiscal year.

Section [11] 14. Compensation.

[Compensation and expenses of the Planning Commission and its staff are paid as directed by the Borough Assembly. ]

A. Until such time as rescinded by ordinance, a Planning Commissioner shall receive compensation at one half (½) that of an Assembly Member.

B. Planning Commissioners are subject to travel pay and allowances while representing the Borough in an official capacity.

Section [9] 15. Formal Acts by Resolution.

A. All formal acts of the commission shall be by resolution bearing:

1. the heading "Denali Borough Planning Commission;"

2. the space for the serial number to be assigned ‑‑ "Resolution, No. ;"

3. a short and concise title descriptive of its subject and purposes;

4. short premises and whereas clauses descriptive of the reasons for the resolution, if necessary;

5. the resolving clause, "Be it Resolved:" and,

6. provision for signature after the test, "Adopted (date) " and designated lines for the signatures of the Commission Presiding Officer and the Borough Clerk.

B. All resolutions adopted by the commission, whether at the instance of and presented by third parties, or on the motion of and instance of the Commission, shall conform to that set forth in (A) above.

Section [10] 16. Funds.

All funds of the Commission received as fees and charges or otherwise shall be deposited in the general fund of the Borough as receipts of the activities of the Commission.

Section 17. Commission Decisions.

Decisions of the Commission shall be made no later than sixty (60)

days from the date a request is received in the Denali Borough office.

Section 18. Appeal of Commission Decisions.

Decisions of the Planning Commission may be appealed to the Denali

Borough Assembly. Consideration shall be given only to the evidence and findings of fact heard by the Commission. No new evidence or issues shall be presented on appeal to the Assembly.

Section 3. Effective Date. This ordinance becomes effective upon adoption by the Borough Assembly and signature of the Mayor.

DATE INTRODUCED: March 10, 1996

FIRST READING: March 10, 1996

PUBLIC HEARING:

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this ______ day of_________________________, 19___.

____________________________

Mayor

ATTEST: ____________________________

Borough Clerk