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2600-0349 Flood Plain Text Amendment for July 12 CC
Charles Kuester
to:
Diane R Voss
06/17/2016 08:46 AM
CC:
Judy K Parks, Kelly Diekmann
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From: Charles Kuester/COA
To: Diane R Voss/COA@COA
Cc: Judy K Parks/COA@COA, Kelly Diekmann/COA@COA
Diane,
I will need to have a zoning text amendment on the City Council agenda for July 12. During the
recent update to Chapter 9: Flood Plain Zoning Regulations, the Section 9.7 (3) Conditional Uses,
Appeals and Variances was inadvertently omitted.
Lo
n prepare the CAF for this item and will be asking the City Council to approve all three readingsJuly 12.
I am still waiting to hear from legal whether this needs to go to the P&Z. If it does, we can put it
on the agenda for July 6 but you would need to provide published notice before that date. This is
not a controversial item and is merely intended to clean up an omission of codification.
So, let's count on the CC on July 12.
Thanks
-Charlie
Pmes
Charlie Kuester CFM
Planner
515.239.5400 Huhn 1 515.239.5445 direct 1515.239.5404 fix
ckuester@cityofames.org i City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org I — Caring People — Quality Programs — Exceptional Service "
file:///C:/Users/diane.voss/AppData/Local/Temp/notesFFF692/—web3963.htm 6/17/2016
2600-0349: Ordinance - Zoning Text Amendment to Chapter 9 Flood Plain
Zoning / Drag and drop
' Becki M Rippke to: Diane R Voss 06/27/2016 01:41 PM
Hi Diane,
Here is the updated ordinance.
UPDATED Ordinance includes Sec. 9.7(3) Conditional Uses, Appeals, and Variances.
11
- 138634 1.doc
_ C;f� ,I
Becki Rippke C W D
Legal Technician
li,-n=
s
515.239.5244 main 1515.239.5142 fax
brippke@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010
Fw: ZTA: Chapter 9
Judy K Parks to: Diane R Voss 06/27/2016 02:15 PM
History: This message has been replied to.
Hi Diane,
This was a bit more complicated than just a scrivener's error where the incorrect version appeared only
when it was time to publish the ordinance. In this case, from the very first time it went to council, the
version of the ordinance that was considered completely omitted a provision that nobody had meant to
leave out. Unfortunately, since this ordinance was a whole chapter rewrite, every other provision of this
chapter, except this one, was included in the formatted version that went to council. Even though it went
through all three readings, and was published, no one caught this omission.
I know there have been times when the council actually considered a version of an ordinance and then at
time of publication, an error/omission came to light, and we had to republish it .
This error was of a much greater scale, so I am recommending we cure it more formally. I don't believe the
correction to write it back into the chapter needs to go to P&Z, because when they considered this, since
this provision wasn't changing, they have already weighed in that it was to stay in the chapter.
I hope this helps clarify the situation. The notice for publication is fine.
Judy K. Parks, City Attorney
City of Ames Legal Department
515 Clark Avenue, P.O. Box 811
Ames, Iowa 50010
Phone: 515-239-5146
Fax: 515-239-5142
Email: jparks@city.ames.ia.us
A m e s""
-----Forwarded by Judy K Parks/COA on 06/27/2016 01:56 PM-----
From: Dept Legal/COA
To: Judy K Parks/COA@COA
Date: 06/27/2016 01:54 PM
Subject: Fw:ZTA: Chapter 9
Sent by: Becki M Rippke
Judy,
Here is Diane's email.
Ames City Attorney's Office
515 Clark Avenue
P. O. Box 811
Ames, Iowa 50010
Tel: 515-239-5146
Fax: 515-239-5142
E-mail: legaldept@city.ames.ia.us
-----Forwarded by Becki M Rippke/COA on 06/27/2016 01:53 PM-----
From: Diane R Voss/COA
To: Dept Legal/COA@COA
Date: 06/27/2016 01:36 PM
Subject: Re:ZTA: Chapter 9
Becki:
Unfortunately, I am confused! If it is a Scrivener's error, I thought we could just republish the Ordinance not take it back to Council at all because the Section was inadvertently omitted by staff.
I only need the Public Notice if it has to go back to Council.
Please clarify.
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515) 239-5105
Dept Legal Diane, I did check with Judy and she said that si... 06/27/2016 01:30:55 PM
From: Dept Legal/COA
To: Diane R Voss/COA@COA
Date: 06/27/2016 01:30 PM
Subject: Re:ZTA: Chapter 9
Sent by: Becki M Rippke
Diane,
I did check with Judy and she said that since P &Z only saw the CAF with the changes and not the entire
ordinance, this can be considered a Scrivener's error. Judy also read the Public Notice and gave her
approval.
Becki
Ames City Attorney's Office
515 Clark Avenue
P. O. Box 811
Ames, Iowa 50010
Tel: 515-239-5146
Fax: 515-239-5142
E-mail: legaldept@city.ames.ia.us
Diane R Voss Here's the Notice in case it has to go back to Co... 06/27/2016 12:42:36 PM
Diane R Voss Charlie Kuester emailed me that he needed a te... 06/27/2016 12:23:55 PM
Re: ZTA: Chapter 9
Diane R Voss to: Dept Legal 06/27/2016 12:42 PM
€.,,,;.::a Bcc: Diane R Voss
Here's the Notice in case it has to go back to Council. If so, I need to send this by tomorrow, June 28.
Thanks!
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515) 239-5105
I
ZTA-Flood Plain Regulations in Chapter 9-Omission.0712.doc
Diane R Voss Charlie Kuester emailed me that he needed a te... 06/27/2016 12:23:55 PM
From: Diane R Voss/COA
To: Dept Legal/COA@COA
Date: 06/27/2016 12:23 PM
Subject: ZTA: Chapter 9
Charlie Kuester emailed me that he needed a text amendment on the CC Agenda for July 12 to correct a
section of Chapter 9 that was omitted when it recently went to Council. The Section inadvertently omitted
was 9.7(3) -Conditional Uses, Appeals and Variances.
Can this just be considered a Scrivener's error without going to Council?
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515) 239-5105
ZTA: Chapter 9
Diane R Voss to: Dept Legal 06/27/2016 12:23 PM
Bcc: Diane R Voss
History: This message has been replied to.
Charlie Kuester emailed me that he needed a text amendment on the CC Agenda for July 12 to correct a
section of Chapter 9 that was omitted when it recently went to Council. The Section inadvertently omitted
was 9.7(3) - Conditional Uses, Appeals and Variances.
Can this just be considered a Scrivener's error without going to Council?
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515) 239-5105
To: Diane R Voss/COA@COA,
Cc:
Bcc:
Subject: Fw: 2600-0349 Flood Plain Text Amendment for July 12 CC
From: Jill L Ripperger/COA-Monday 06/27/2016 10:54 AM
I thought he had also sent this to you.
Jill
Jill Ripperger
Deputy City Clerk
515.239.5105 main 1515.239.5142 fax
jripperger@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CitVofAmes.org I — Caring People —Quality Programs— Exceptional Service "
-----Forwarded by Jill L Ripperger/COA on 06/27/2016 10:53 AM -----
From: Charles Kuester/COA
To: Jill L Ripperger/COA@COA
Date: 06/27/2016 09:35 AM
Subject: Fw:2600-0349 Flood Plain Text Amendment for July 12 CC
Here's what I sent to Diane on June 17.
Pmes
Charlie Kuester CFM
Planner
515.239.5400 main 1 515.239.5445 direct 1515.239.5404 fax
ckuester@cityofames.orgI City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org I - Caring People - Quality Programs - Exceptional Service
-----Forwarded by Charles Kuester/COA on 06/27/2016 09:34AM -----
To: Diane R Voss/COA@COA
From: Charles Kuester/COA
Date: 06/1 7/201 6 08:46AM
Cc: Judy K Parks/COA@COA, Kelly Diekmann/COA@COA
Subject: 2600-0349 Flood Plain Text Amendment for July 12 CC
Diane,
I will need to have a zoning text amendment on the City Council agenda for July 12. During the recent
update to Chapter 9: Flood Plain Zoning Regulations, the Section 9.7 (3) Conditional Uses, Appeals and
Variances was inadvertently omitted.
I can prepare the CAF for this item and will be asking the City Council to approve all three readings on
July 12.
1 am still waiting to hear from legal whether this needs to go to the P&Z. If it does, we can put it on the
agenda for July 6 but you would need to provide published notice before that date. This is not a
controversial item and is merely intended to clean up an omission of codification.
So, let's count on the CC on July 12.
Thanks
-Charlie
Pmes
Charlie Kuester CFM
Planner
515.239.5400 main 1 515.239.5445 direct 1515.239.5404 fax
ckuester@cityofames.orgI City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org " Caring People — Quality Programs — Exceptional Service "