HomeMy WebLinkAboutA023 - Email from City Attorney dated February 5, 2009, regarding public hearing date for Plan amendment Doug Marek/COA To Jeff D Benson/COA@COA
02/05/2009 09:36 AM cc Diane R Voss/COA@COA
bcc
Subject Re: Date for public hearing on Urban Revite Plan amendment
CI
362.3 is the"not less than 4; not more than 20" rule. 406.2 further narrows the time frame to at least 7
days and not sooner than the next regular meeting.
For the hearing to be on the Council agenda for Feb. 24th, notice would have to be published no later
than the 17th.
Diane: If you send notice to the paper on the 11th is that adequate to publish by the 17th?
If so, we will need to have the notice finalized by the 10th so that it can be sent to the paper after the
Council meeting.
Doug Marek
Ames City Attorney
515 Clark Avenue
P.O. Box 811
Ames, Iowa 50010
Tel: 515-239-5146
Fax: 515-239-5142
E-mail: dmarek@city.ames.ia.us
Jeff D Benson/COA
Jeff D Benson/COA
02/04/2009 04:52 PM To Diane R Voss/COA@COA, Doug Marek/COA@COA
cc
Subject Date for public hearing on Urban Revite Plan amendment
The Feb. 10 City Council agenda includes a request for prior approval for tax abatement. We are
recommending that the City Council defer this request and instead make an amendment to the criteria for
that URA. That means the recommended action is to pass a resolution setting a date for the public
hearing. On the notice required for amending an Urban Revitalization Plan, Code of Iowa 404.2.6 says
(my bolding):
6. The city or county has adopted the proposed or amended plan for the
revitalization area after the requisite number of hearings. The city or county
may subsequently amend this plan after a hearing. Notice of the hearing shall
be published as provided in section 362.3 or 331.305, except that at least
seven days' notice must be given and the public hearing shall not be held
earlier than the next regularly scheduled city council or board of supervisors
meeting following the published notice. A city which has adopted a plan
for a revitalization area which covers all property within the city limits may
amend that plan at any time, pursuant to this section, to include property
which has been or will be annexed to the city. The provisions of the original
plan shall be applicable to the property which is annexed and the property
shall be considered to have been part of the revitalization area as of the
effective date of its annexation to the city.
Does this mean we don't need 30 to 45 days lead time? Can you determine what the earliest hearing
date should be for me to put into the Council Action Form?
Also, I will send you tomorrow a.m. a draft of the CAF to review and comment.
THANKS!
Jeff
Planner, Department of Planning and Housing
e-mail:jbenson@city.ames.ia.us