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HomeMy WebLinkAboutOrdinance No. 3437-2024iNV KENAI CITY OF KENAI ORDINANCE NO. 3437-2024 Sponsored by: City Clerk AN ORDINANCE AMENDING KENAI MUNICIPAL CODE TO REVISE REQUIREMENTS RELATED TO PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION TO ADDRESS PUBLICATION REQUIREMENTS WHICH CANNOT BE MET DUE TO THE NEWSPAPER PUBLICATIONS BEING REDUCED TO ONE DAY A WEEK. WHEREAS, various sections of Kenai Municipal Code (KMC) require noticing by publication in a newspaper of general circulation; and, WHEREAS, when these requirements were codified the local newspaper of general circulation was published multiple days a week; and, WHEREAS, throughout the years the local newspaper has reduced the number of days a week they publish, the most recent reduction was from two days a week to only one day a week; and, WHEREAS, amendments to KMC are needed to address publication requirements that cannot be met with a one day a week publication of the newspaper of general circulation in our community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 1.10.060 of Kenai Municipal Code: That Kenai Municipal Code, Section 1.10.060 - Agencies, Officers and Employees - The Council - Calling Special Meetings, paragraph (c) is hereby amended as follows: (c) For the purpose of giving notice of a special meeting, reasonable public notice is given if a statement containing the date, time, and place of the meeting, along with the expected subject(s) of discussion, is [PUBLISHED] noticed not less than three [(3)] days before the time of the meeting by posting the statement in a minimum of three [(3)] public places within the City, one of which places shall be the official bulletin board of the City at City Hall. [A COPY OF T]The notice of the special meeting [SHALL] will also be [PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY AND BE] posted to the City's website. The specific public notice requirements shall not be jurisdictional to the holding of any such meeting at which the Council has determined that circumstances exist to justify calling a special meeting on an emergency basis. Section 2. Amendment of Section 14.05.015 of Kenai Municipal Code: That Kenai Municipal Code, Section 14.05.015 - Planning and Zoning - Planning and Zoning Commission - Appointment to Planning and Zoning Commission, paragraph (a)(2) is hereby amended as follows: (a) Public Notice —Application. (1) Whenever a term of a Commission member is to expire, and whenever a vacancy on the Commission occurs, the City Clerk shall notify the Council and advertise the notice of vacancy and request for applications, along with the deadline for filing an application. The application deadline shall be the same deadline as the Council observes for timely submissions to the City Clerk for inclusion of materials in the City Council meeting packet (as set by the policies and New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3437-2024 Page 2 of 2 procedures of the Council) for the meeting at which the nomination for appointment is on the Council agenda. (2) The Clerk [SHALL]Will advertise the notice at least [TWO (2) TIMES A WEEK FOR ONE (1) WEEK BY PUBLICATION]once in a newspaper of general circulation of the City, if one is published in the City: and by posting on the City's website, and [BY POSTING] in at least three [(3)] other public places in the City, one [(1)] of which [SHALL] will be the official bulletin board of the City at City Hall. The [LAST DATE OF] newspaper publication [SHALL] will occur [BE] not [LATER] less than seven (7) days before [NOMINATION FOR APPOINTMENT BY THE MAYOR AT A COUNCIL MEETING]the application deadline. Section 3. 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 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 18T" DAY OF SEPTEMBER, 2024. Ti`E-&T: Michell M. er,'MMC, City Clerk o Brian Gabriel Sr., Mayor Introduced: September 4, 2024 Enacted: September 18, 2024 Effective: October 18, 2024 New Text Underlined; [DELETED TEXT BRACKETED] (v-)KFNA' City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1 907.283.7535 ( www.6naixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: August 26, 2024 SUBJECT: Ordinance No. 3437-2024 - Amending Kenai Municipal Code to Revise Requirements Related to Publication in a Newspaper of General Circulation to Address Publication Requirements Which Cannot be Met Due to the Newspaper Publications Being Reduced to One Day a Week. Kenai Municipal Code publications requirements related to newspaper of general circulation were established when the community had a newspaper which was published multiple days of the week. Throughout the years the number of days a week the local newspaper published has been reduced, with the latest reduction being from two days a week to one day a week. Certain portions of municipal code cannot be met when there is only one publication day per week. The following identifies changes as proposed in the ordinance: Section 1: Currently as written code requires notice of Special Meeting be published in a newspaper of general circulation, which restricts when the Council may hold a special meeting to the newspaper deadline for the once weekly publication. The proposed amendment would remove the newspaper requirement. Meetings are posted on the City website, once posted notice is sent by email to the subscription list for Council and the meeting is also noticed on the City Facebook page. • Section 2: Currently as written code requires notice of vacancy for a Planning Commission seat to be published two times a week for one week. With the paper only publishing once a week this cannot be met, the proposed amendment will reduce the publication requirement to one time.