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NANCY ECKERT
From: ARIC SCHROEDER
Sent: Wednesday, February 06, 2008 11:29 AM
To: DON TEMEYER; NOEL ANDERSON; NANCY ECKERT; 'Chris Wendland'; JIM WALSH; MAYOR
HURLEY
Cc: 'Mark Milburn'; David Hennen; Linda Laylin
Subject: Elk Run Energy Station -Timeline
To All:
Attached please find a revised timeline for the re-submittal of the Elk Run Energy project.
Please note that there are two pages, with two options on timelines. The first includes a February 19 turn in and a
March 4 P&Z meeting. The second includes a March 18 turn in and an April 1 P&Z meeting. It sounds like it is
leaning towards the second option, but I thought I would still include the first option.
These timelines are based on the assumption of a 100% voluntary annexation, which makes the process MUCH
more simple, including not having a consultation meeting, less required notices, and less time needed between
submittal to final Council approval. Oh, and it doesn't have to go before the City Development Board, and
is just filed with the Secretary of State.
However, even this simplified process still has some confusing and grey areas of the Code that apply. The
provisions regulating a 100% voluntary annexation do not require the Council to hold a hearing on the
annexation. However, by statute if the area to be annexed adjoins a secondary road, we must annex to the
center of the road. Also by statute, if we annex part of a secondary road "owned" by the County, the County
Attorney must be served with notice of the "hearing" and a copy of the proposal. It would appear grey if"owned"
would include a road by easement. If we take the conservative approach, we assume it does and therefore need
to notify the County Attorney, and therefore may want to hold a "hearing" anyway. This does not effect the
timeline at all, as we would be holding a hearing on the rezoning anyway. But it does effect notice and publishing,
so we just need to make the call, hearing or no.
There may be other factors that could require this timeline to be altered further, but this is what it looks like right
now.
Please advise if anyone sees any problems with these timelines.
Aric Schroeder,
Senior Planner
City of Waterloo
(319) 291-4366
2/6/2008
DRAFT—02/06/08
REDO TIMELINE Option 1
100% Voluntary Annexation
February 19, 2008 Re-file petition for annexation, rezoning application, and Development
Agreement (not sure if Development Agreement needs to be redone).
February 22, 2008 Referral of annexation petition and rezoning application to Planning &
Zoning Commission. Commission posts, mails and publishes notice,
according to its procedures, for March 4 meeting.
Febbruary 26, 2008 City provides a copy of the application by certified mail to the Board of
Supervisors.
City publishes notice of the application for annexation. [§368.7(2)]
Note: This must be 14 BUSINESS days prior to any action of Council.
City provides any other courtesy notice (land owners, utilities, INRCOG)
City submits request for Auditor's Verification (not required)
March 4, 2008 Planning & Zoning Commission reviews annexation petition and rezoning
application and makes recommendation to city council.
March 24, 2008 City Council sets public hearing date on the rezoning and annexation for
April 7, 2008. No hearing is required for the annexation, but we may want
to set a hearing anyway to ensure compliance with §368.5.
March 31, 2008 City publishes notice of the public hearing on the rezoning [§414.4] and
[§362.3]. Publication must be no less than 7 days prior to Council action,
but not more than 20 days prior.
City publishes notice of the public hearing on the annexation [§368.7(1)D]
City serves County Attorney notice of annexation "hearing" (code calls for
notice of hearing but no hearing required) and a copy of the proposal.
[§368.5]
April 7, 2008 City Council meeting, hold public hearing on annexation and rezone,
approve resolution on annexation petition, pass first reading of rezone,
suspend rules to consider the second and third reading, adopt rezoning
ordinance, and act on Development Agreement.
April 14, 2008 City Council meeting, pass the second reading, suspend rules to consider
the third reading, adopt rezoning ordinance, and act on Development
Agreement (if rules not suspended on April 7).
April 21, 2008 City Council meeting,pass the third reading, adopt rezoning ordinance,
and act on Development Agreement (if rules not suspended on April 7
and April 14).
DRAFT—02/06/08
REDO TIMELINE Option 2
100% Voluntary Annexation
March 18, 2008 Re-file petition for annexation, rezoning application, and Development
Agreement (not sure if Development Agreement needs to be redone).
March 21, 2008 Referral of annexation petition and rezoning application to Planning &
Zoning Commission. Commission posts, mails and publishes notice,
according to its procedures, for April 1 meeting.
March 25, 2008 City provides a copy of the application by certified mail to the Board of
Supervisors.
City publishes notice of the application for annexation. [§368.7(2)]
Note: This must be 14 BUSINESS days prior to any action of Council.
City provides any other courtesy notice (land owners, utilities, INRCOG)
City submits request for Auditor's Verification(not required)
April 1, 2008 Planning & Zoning Commission reviews annexation petition and rezoning
application and makes recommendation to city council.
April 7, 2008 City Council sets public hearing date on the rezoning and annexation for
April 21, 2008. No hearing is required for the annexation, but we may
want to set a hearing anyway to ensure compliance with §368.5.
April 14, 2008 City publishes notice of the public hearing on the rezoning [§414.4] and
[§362.3]. Publication must be no less than 7 days prior to Council action,
but not more than 20 days prior.
City publishes notice of the public hearing on the annexation [§368.7(1)D]
City serves County Attorney notice of annexation"hearing" (code calls for
notice of hearing but no hearing required) and a copy of the proposal.
[§368.5]
April 21, 2008 City Council meeting, hold public hearing on annexation and rezone,
approve resolution on annexation petition,pass first reading of rezone,
suspend rules to consider the second and third reading, adopt rezoning
ordinance, and act on Development Agreement.
April 28, 2008 City Council meeting, pass the second reading, suspend rules to consider
the third reading, adopt rezoning ordinance, and act on Development
Agreement (if rules not suspended on April 21).
May 5, 2008 City Council meeting, pass the third reading, adopt rezoning ordinance,
and act on Development Agreement (if rules not suspended on April 21
and April 28).