HomeMy WebLinkAboutA044 - Email from Merlin Pfannkuch questing legalities Page 1 of 1
Diane Voss
From: merlin pfannkuch <merlinp@pcpartner.net>
To: <TedTedesco@am es.net>; <judiehoffman@yahoo.com>; <sharonwirth@yahoo.com>;
<bobanncamp@aol.com>; <rcrosswind@aol.com>; <st.goodhue@isunet.net>;
<hcgbach@ames.net>; <schainker@city.ames.ia.us>; <Klaus@city.ames.ia.us>;
<voss@city.ames.ia.us>; <OConnell@city.ames.ia.us>
Sent: Tuesday, December 19, 2000 1:35 PM
Subject: Somerset
Could someone have the courtesy or courage to explain to the public what is going on here? Why can't the City admit it
screwed up this proposal from the start,and start the process again if tax breaks for Somerset are still considered worth
pursuing.
When I first tell the City I think the proposal is illegal(later I said I was wrong or probably wrong),the city attorney
issues an opinion(dated Nov.30)that,as near as I can determine,says the existing urban revitalization area#7 is lawful
under section 404.1(4)Code of Iowa,and the rest of the Somerset proposal is lawful under 404.1(5).
Then,when I point out that 404.3A seems to say the schedule under the proposed plan is unlawful if 404.1(5)is the basis
for the urban revitalization plan,the city attorney issues an opinion(dated Dec. 8)that this proposal is lawful under 404.1
(4),the economic development area designation. Nowhere in any of the city documents I've reviewed re the new
Somerset proposal before you called this an economic development area. In fact,until I started to question the legality of
this proposal,the city never even bothered to try to identify whether its proposal was being pursued under 404.1(4)or
404.1(5).
I don't have time at the moment to review the city attorney's Dec. 8 opinion thoroughly,nor should I be expected to. Even
assuming his analysis is correct,the plan before you is unlawful. There are legal procedures outlined in Chapter 403 that
have not been followed, so the Council cannot lawfully designate Somerset as an urban renewal area. Briefly,the
procedures outlined in 403.5 would indicate a need for a hearing on an urban renewal plan following notice requirements,
with additionally the plan needing to be submitted to the Planning and Zoning Commission for its review.
The city attorney's Dec. 8 opinion is a prime example of why I want his opinions reviewed by the Attorney General. I no
longer have much confidence in his opinions.
If you decide to persist with designating Somerset as an urban revitalization area,would the Council please stipulate that
the plan be submitted to our local state legislators to ask the Attorney General for an opinion as to its legality before the
public hearing on the plan is held.
Thank you for your consideration.
Sincerely,
Merlin L.Pfannkuch
1424 Kellogg Ave.
Ames,IA 50010-5447
515--232-3319
merlinpnao,,pcpartner.net
12/19/2000