The URL can be used to link to this page

Home My WebLink AboutORDINANCE 1984-2002~~~ i~a/o.~ Suggested by: Administration CITY OF KENAI ORDINANCE N0. 1984-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.280(c) TO REMOVE THE REQUIREMENT THAT NOTIFICATION OF PUBLIC HEARINGS BE SENT VIA CERTIFIED MAIL. WHEREAS, certified mailings are not required by state law; and, WHEREAS, other cities on the Kenai Peninsula, and the Kenai Peninsula Borough, no longer use certified mailings for public hearing notifications; and, WHEREAS, certified mailings require extra expense; and, WHEREAS, Planning Department personnel can certify that they mailed the notices as required; and, WHEREAS, recipients of certified mailings are often inconvenienced by having to go to the post office to pickup the mailings and sign for them; and, WHEREAS, it appears that sending public hearing notices via regular U. S. mail is adequate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.280(c) if hereby amended to read: 14.20.280 Public hearings and notifications. (c) Property Owner Notification: Notification shall be mailed [SENT BY CERTIFIED MAILJ to real property owners on record on the borough assessor's records within a three hundred-foot (300'j periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three (3) public places. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of January, 2003. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Introduced: December 18, 2002 Adopted: January 2, 2003 Effective: February 2, 2003 ~ CITY OF KENAI PLANNING 8v ZONING COMMISSION PZ02-67 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 14.20.280(c) BE AMENDED TO REMOVE THE REQUIREMENT THAT NOTIFICATION OF PUBLIC HEARINGS BE SENT VIA CERTIFIED MAIL. WHEREAS, certified mailings are not required by state law; and WHEREAS, other cities on the Kenai Peninsula no longer use certified mailings for public hearing notifications; and WHEREAS, certified mailings require extra expense; and WHEREAS, Planning Department personnel can certify that they mailed the notices as required; and WHEREAS, recipients of certified mailings are often inconvenienced by having to go to the post office to pick up the mailings and sign for them; and WHEREAS, it appears that sending public hearing notices via regular U. S. mail is adequate. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.280(c) to read: 14.20.280 Public hearings and notifications. (c) Property Owner Notification: Notification shall be m~ [SENT BY CERTIFIED MAIL] to real property owners on record on the borough assessor's records within a three hundred-foot (300') periphery of the parcel affected by the proposed action. This notice shall be mailed not Less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three (3) public places. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11 `~ day of December 2002. Z, Ch an t A ES . r ~~ WV~~ Fees Page 2 determination for which application has been made, and to what extent. ~ (Em basis added and footnotes omitted). p McQuillin Mun Corp #25.261 (3rd Ed) notes that, "Due process with respect to the landowners and other interested or affected by the proceeding requires either personal or constructive notice that is reasonably adequate to inform them of the pendancy of the proceeding" (Footnotes omitted). While the above authorities do not require both mailing and publication, it is common to do so. For example, AS 29.40.130 sets out the requirements for a platting alteration or replat. It requires publication and mailing, but does not require the mailing to be certified. In Inniswold Jefferson Terrace v. L.A. Health, 396 So.2d 348, 351 (La Ct App 1981), the court held notice of a proposed action by the planning board by regular mail in conjunction with publication was legally sufficient. Based on the authority cited above, it is my opinion that amending KMC 14.20.280 to require notice by publication, posting the property and regular mail to property owners within three hundred feet of the affected parcel would provide legally sufficient notice. Basically, it is the City Attorney's opinion that regular mail is legal notification of a public hearing. Attached is a draft resolution recommending that Council amend the code to eliminate the certified mailing requirement. Unless directed otherwise, a public hearing will be scheduled on the draft resolution. Attachment ~ MOTION: Commissioner Bryson MOVED to approve PZ02-65 with the inclusion of staff comments and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. Neither staff nor Commission made comments regarding Item 4-a. VOTE: B son Yes 'hinseth Yes Goecke Yes Nord Yes Osborne Yes Amen Yes Glick Absent MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS -- None ITEM 6: OLD BUSINESS 6-a. A resolution of the Planning and Zoning Commission recommending that KMC 14.20.280(c) be amended to remove the requirement that notification of public hearings be sent via. certified mail. - Discussion. Kebschull provided information regarding certified mail costs and recommended the requirement be dropped. Kebschull stated sending notices by certified mail is not a requirement and regular mail would serve as a proper legal notice at a much lower cost. Commissioner Amen asked how the city would know people have been properly notified. Kebschull stated that in addition to the mailings, signs are posted on the property, notifications are posted twice in the newspaper, and the city website provides notification. All commissioners agreed amending the requirement that notification of public hearings be sent via certified mail be amended. The commissioners agreed regular postal mail would provide an adequate notice and would be much more cost effective. A public hearing was scheduled for December 11, 2002. ITEM 7: NEW BUSINESS PLANNING & ZONING COMMISSION NOVEMBER 13, 2002 PAGE 2 MOTION: Commissioner Nord MOVED to approve PZ02-67 and Commissioner Osborne SECONDED the motion. There were no public comments. City Planner Kebschull stated for clarification that administration was directed to either increase fees or reduce costs as the financial situation at the City of Kenai was being more closely monitored. Postage costs for sending a single certified notice averages over X4.00; a significant cost to the City. Kebschull stated the Commission has approved the removal of this requirement in the recent past and wanted to reiterate there is no legal requirement stating notices must be sent certified. ~.irthermore, Kebschull told the Commission, an even larger reason for removing the requirement of sending notices via certified mail is the amount of complaints received by the recipients of the letters. Kebschull has been made aware of a general resistance to certified mail recipients standing in line at the Post Office, as they feel it a great inconvenience. VOTE: B son Yes ~.tnseth Yes Nord Yes Osborne Yes Amen Yes Glick Yes Goecke Yes MOTION PASSED UNANIMOULSY. 5-b. PZ02-68-An application for a Variance Permit from KMC 14.20.250 -Off street Parking Requirements for the property known as b05 Marine Avenue, East Addition Townsite of Kenai, US Survey 3025 AB~B, Lot 2, Block 3, Lot 3, Block 3, Kenai, Alaska. Applicant is seeking a variance of 5 parking spaces from the required 10 spaces. Application submitted by Glenn E. Lockwood, D.D.S., P.O. Box 2403, Kenai, Alaska. Commissioner Bryson stated he would be abstaining from participation in this item as a Commission member. MOTION: Commissioner Osborne MOVED to approve PZ02-68 and Commissioner Glick SECONDED the motion. Glenn Lockwood, 605 Marine Street, Kenai, addressed the Commission and requested approval for a variance due to a building addition at the Kenai Redoubt PLANNING & ZONING COMMISSION MEETING DECEMBER 11, 2002 PAGE 2