HomeMy WebLinkAboutA003 - Memo from Legal Department ;� � a7
MEMO
CITY OF
Ames, Legal Department
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To: Mayor Campbell and Members of the City Council
From: Judy K. Parks, City Attorney,,! ;
Date: June 20, 2014
Subject: Request for Continuance of Rezoning hearings on 601 State and 205
South Wilmoth
The City has received the attached request from Breckenridge Group LLC for continuation of
the hearings on the rezoning requests it has made for 601 State Street and 205 South Wilmoth.
As you are aware,litigation related to this development is pending as are negotiations to
attempt to resolve same. Because action on either of these pending applications could pose
obstacles and/or result in unnecessary work regarding some of the options for resolution of the
litigation, Breckenridge has requested that these hearings be continued.
It is appropriate and recommended that this request be granted for both properties,and that these
items be postponed to a later meeting without opening the hearing or taking of testimony.The
hearings and the opportunity for public input would be given at a date to be later determined,but
which will be preceded by proper public notice. Moving to table them would be the
reconunended action.
Legal Department 515239.5146 main 515 GI-rk Ave.
515.239.5142 Jar Allies,IA 50010
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Brian D.Torresi
BrianTotresi@davisb;ownlaw.com
DAMSBP, WN� phone:515-246.7$60
LAW FIRM Ames Office
June 19,2014
J U N 19 2014
Judy Parks,City Attorney
City of Ames, Iowa ,
515 Clark Ave.
Ames, IA 50010
Re: Breckenridge Group Ames Iowa,LLC ("Breckenridge")
Judy:
Thank you for your letter of June 18, 2014 (the "Letter") wherein you represent to
Breckenridge, in response to the anticipated request by Breckenridge to postpone the public
hearings with respect to Breckenridge's pending rezoning applications (collectively, the
"Applications"), that no public input or action will be taken by the Ames City Council related to
the Applications at the June 24, 2014 meeting. Accordingly, in reliance on the representations
made in the Letter, Breckenridge hereby requests the postponement of the public hearings related
to the Applications.
Very truly yours,
DAVIS, BROWN,KOEHN,SHORS &ROBERTS,P.C.
Brian D. Torresi
Cc: Charlie Vatterott
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D,W!S BROWN KOEHN SHORS iS ROF3ZWr P;C
PHONE 515ZBS 2500 FIMMF4XSIS�-430364 THE DAVJS BROWN TOWER THE HIGHLAND BUILDING 'HE AME'>OFFICE
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