FAILED 12/10/95

 

DENALI BOROUGH, ALASKA

ORDINANCE NO. 95-12

 

INTRODUCED BY: Sid Michaels

 

 

AN ORDINANCE AMENDING CHAPTER 34 OF THE DENALI BOROUGH CODE OF ORDINANCES TO FORM A PLANNING COMMISSION SEPARATE FROM 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, and zoning for the Borough.

 

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.

 

Members of the Assembly and/or Mayor shall suggest names of Commission Members to be approved by the Assembly. For the initial formation, a vote by the Assembly will be taken on each nominee 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, Members of the Assembly and/or Mayor shall suggest names to be approved by the Assembly to fill these seats. If two or more individuals are nominated for a seat, a vote by the Assembly will be taken on each nominee in the order of their nomination until that 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 to be in conformance with AS Title 29. 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 Commissioner 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 [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 () 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 3. Effective Date. This ordinance becomes effective upon adoption by the Borough Assembly and signature of the Mayor.

 

DATE INTRODUCED: September 10, 1995

FIRST READING: September 10, 1995

PUBLIC HEARING:

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

____________________________

Mayor

ATTEST: ____________________________

Borough Clerk