HomeMy WebLinkAboutOrdinance No. 3102-2020Sponsored by: Council Member Knackstedt
CITY OF KENAI
ORDINANCE NO. 3102-2020
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI
MUNICIPAL CODE 14.20.280 PUBLIC HEARINGS AND NOTIFICATIONS, TO REDUCE THE
NEWSPAPER POSTING REQUIREMENT.
WHEREAS, identification and execution of strategies that result in efficiencies and cost savings
within the departments of the City has been a focus of the administration; and,
WHEREAS, AS 44.62.310, also known as the Alaska Open Meetings Act, states that reasonable
public noticing must include the date, time, and place of the meeting; and,
WHEREAS, it is the intent of the City to exceed minimum statutory standards for notice of
meetings; and,
WHEREAS, Policy 2016-01 Procedures for Commission, Committees and Council on Aging
requires publication 5 days prior to the meeting on the City's website and on the City's bulletin
board; and,
WHEREAS, the Kenai City Council enacted Ordinance 3089-2019 on October 16, 2019 to make
similar changes to notification requirements for City Council meetings; and,
WHEREAS, amending notification requirements by reducing what is provided in the newspaper
notifications and providing alternative resources where additional information can be located is
fiscally responsible and will continue to exceed minimum statutory standards; and,
WHEREAS, the City of Kenai Planning and Zoning Commission recommended enaction of
Ordinance 3102-2020 at their meeting on January 22, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Amendment of Section of the Kenai Municipal Code: That Kenai Municipal Code,
Section 14.20.280 — Public hearings and notifications, is hereby amended as follows:
14.20.280
Public hearings and notifications.
(a) Intent. This section governs all public hearings held by the Commission as required
by this chapter.
(b) Public Hearing Notice. Notice of the public hearing shall be published [TWICE] in a
paper of general circulation within the City[. THE FIRST NOTICE SHALL BE PUBLISHED]
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Ordinance No. 3102-2020
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not less than seven (7) days prior to the date of hearing. The notice shall contain at least
the following information:
(1) A brief description of the proposal on which the public body is to act;
(2) A legal and common description of the property involved;
(3) Date, time, and place of the public hearing;
(4) Person and place to contact for more detailed information.
(c) Property Owner Notification. Notification shall be mailed 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.
(d) Public Posting. The applicant shall post the property subject to the application with
public notices as provided by the City at least ten (10) days before the date of the required
public hearing. Such notices shall be placed so as to be visible from each improved street
adjacent to the property. The applicant is responsible for removing the posted notices
within five (5) days after the hearing is completed. Failure to properly post notices shall be
grounds for deferral or denial of the application. No one except the applicant, an agent of
the applicant, or the City shall remove or tamper with any such required posted notice
during the period it is required to be maintained under this subsection.
(e) Proof of Posting. Before the public hearing, the applicant shall submit to the City an
affidavit signed by the person who posted the notice stating that the notice was posted as
required by this section.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect
30 days after enactment.
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Ordinance No. 3102-2020
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ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5" day of February, 2020.
ATTEST:
CMC, City Clerk
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BRIAN GABRIEL SR., MAYOR
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Introduced: January 15, 2020
Enacted: February 5, 2020
Effective: March 6, 2020
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- 210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
Ike criyof� www.kenai.city
KENAI, ALASKA
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Henry Knackstedt, Council Member
DATE: January 7, 2020
SUBJECT: Ordinance 3102-2020 - Amending Kenai Municipal Code 14.20.280,
Public Hearings and Notifications
On October 16, 2019, the Kenai City Council enacted Ordinance 3089-2019 amending advertising
requirements for Council meetings. Ordinance 3102-2020 would enact applicable changes to
follow this pattern for the Planning and Zoning Commission meetings.
Ordinance 3102-2020 would reduce the newspaper posting requirement from twice to once for
Planning and Zoning Commission public hearings. This would provide a cost savings to the City
and would still exceed minimum notification requirements of the State of Alaska. The
requirements for posting on public bulletin boards, placing a sign on the subject property, and
mailing postcards to neighboring property owners would not change. Posting on the City's
website is also required pursuant to Policy 2016-01.
Below shows actual expenditures to the newspaper on Planning and Zoning Commission meeting
notifications for the past three fiscal years. If this ordinance is adopted, it is anticipated cost savings
will be 50%.
Year Cost
FY19
$2,543.98
FY18
$4,826.39
FY17
$4,321.72
Totals:
$11,692.09
I recommend the City Council request a recommendation for Ordinance 3102-2020 from the
Planning and Zoning Commission at their January 22, 2020 meeting before Ordinance 3102-2020
is on the agenda for enactment at the February 5, 2020 City Council meeting.
Thank you for your consideration.
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210 Fidalgo Ave, Kenai, Alaska 99611-7794
Telephone: (907) 283-7535 1 Fax: (907) 283-3014
\the a[y o f1/ www. kenai.city
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MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Elizabeth Appleby, City Planner
DATE: January 28, 2020
SUBJECT: Ordinance 3102-2020 — Amending Kenai Municipal Code 14.20.280,
Public Hearings and Notifications.
Attached to this memorandum is a copy of Resolution No. PZ2020-01. The Planning and Zoning
Commission passed Resolution No. PZ2020-01 at their meeting on January 22, 2020
recommending the Kenai City Council enact Ordinance 3102-2020, Amending Kenai Municipal
Code 14.20.280 Public Hearings and Notifications, to Reduce the Newspaper Posting
Requirement.
The State of Alaska Open Meetings Act (AS 44.62.310) requires that a public entity's governing
body be open to the public and that the body provide reasonable notice of its meetings. The Act
requires that the public entity must provide "reasonable" notice that includes the date, time, and
place of the meeting; is provided within a reasonable amount of time prior to the meeting; is posted
at the principal office of the public entity, in addition to any other methods and locations stated in
local ordinance; and is done in the same way each time (consistent). The City's requirements of
public notice by local ordinance still far exceed the minimum State requirement to post notice of
the public meeting at the principal office of the public entity. I am including this information for the
Kenai City Council as the Planning and Zoning Commissioners asked for additional clarification
on State minimum requirements and if a printed newspaper posting was required by them.
Please amend the last Whereas clause in Ordinance No. 3102-2020 as follows:
WHEREAS, the City of Kenai Planning and Zoning Commission recommended enaction of
Ordinance 3102-2020 at their meeting on January 22, 2020.
Thank you for your consideration.
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2020 — 01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING THE COUNCIL OF THE CITY OF KENAI ADOPT ORDINANCE 3102-2020,
AMENDING KENAI MUNICIPAL CODE 14.20.280 PUBLIC HEARINGS AND NOTIFICATIONS,
TO REDUCE THE NEWSPAPER POSTING REQUIREMENT
WHEREAS, the Kenai City Council requested a recommendation from the City of Kenai Planning
and Zoning Commission on Ordinance 14.20.280; and,
WHEREAS, AS 44.62.310, also known as the Alaska Open Meetings Act, states that reasonable
public noticing must include the date, time, and place of the meeting; and,
WHEREAS, Policy 2016-01 Procedures for Commission, Committees and Council on Aging
requires publication 5 days prior to the meeting on the City's website and on the City's bulletin
board; and,
WHEREAS, the Kenai City Council enacted Ordinance 3089-2019 on October 16, 2019 to make
similar changes to notification requirements for City Council meetings; and,
WHEREAS, amending notification requirements by reducing what is provided in the newspaper
notifications and providing alternative resources where additional information can be located is
fiscally responsible and will continue to exceed minimum statutory standards; and,
WHEREAS, alternate sources of information on the Planning and Zoning Commission include
postcards to neighbors, web postings, signs on subject property, and posting of the agenda to at
least three public places; and,
WHEREAS, the change from seven (7) to six (6) days prior to the date of the public hearing for
the newspaper posting will not change the current posting date and procedures of City staff, but
is a housekeeping change to match City Council's timing; and,
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA'
Section 1. That the Kenai City Council enact Ordinance 3102-2020.
Section 2. That a copy of Resolution PZ2020-01 be forwarded to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 22nd day of January 22, 2020.
Resolution No. PZ2020-01
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JEFF TWAIT, CHAIRPERSON
ATTEST:
J IE HEINZ, CMC, CITY CLERK
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