HomeMy WebLinkAboutA008 - Letter from Davis Brown dated March 25, 2014 f
� � � Brian D.Torresi
nrian Torresi a davisbroN%nlai+'.cam
phone:51 5-246-7860
Ames Office
March 25, 2014
Judy Parks, City Attorney
City of Ames, Iowa
515 Clark Ave.
Ames, lA 50010
Re: Breckenridge Group Ames Iowa, LLC ("Breckenridge")
.Ludy:
Thank you for speaking with me this afternoon about Breckenridge's request to remove
the consideration of the rezoning of the real property locally known as 601 State Avenue (the
"Property") from the agenda for tonight's meeting of the Ames City Council (the "Council"). It
is unfortunate, especially in light of the Council's purported willingness to proceed to a
development workshop with Breckenridge in the near future. that our request was met with
unreasonableness and that you were unable to provide us with more certainty as to whether our
request would be granted. We made the request in the interest of saving time and resources of
staff and the Council since we believed the workshop would resolve development concerns.
Furthermore, we do not agree with the interpretation that Section 29.1507(9) of the Ames
Municipal Code would only prevent the renewal of an FS-RM application from Breckenridge
within twelve (12) months after the denial of the pending application. To the contrary, we read
that section more broadly and interpret it to mean that any and all rezoning applications with
respect to the Property would be barred for twelve (12) months in the event the Council votes to
deny the pending application. Accordingly, because of the response to our request for removal
of the item from the agenda, because of the harsh ramifications of a denial in the event our
request is not granted and the Council proceeds to vote, and because the interests of
Breckenridge will not be adequately represented at tonight's meeting, Breckenridge hereby
withdraws their pending Rezoning Application Form for the rezoning of the Property as was
originally submitted on or about March 15, 2013.
Very truly yours,
DAVIS, BROWN, KOEI IN, SIIORS & ROBERTS, P.C.
Brian D. Torresi
Cc: Charlie Vatterott
PHONE 515.288.9500 FIRM FAX 515.243.0654 THE DAVIS BROWN TOWER THE HIGHLAND BUILDING THE AMES OFFICE
101
500
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RE: Breckenridge - March 25
Torresi, Brian D.
to:
Judy K Parks, Steve Schainker, Kelly Diekmann, Diane R Voss
03/25/2014 04:05 PM
Cc:
"McDougal, Jodie C.", "Hugh J. Cain", "Brent L. Hinders", "Charlie Vatterott", Scott Renaud
Show Details
Judy— please find attached a letter frorn Breckenridge related to tonight's Ames City Council meeting. As a
follow-up to my message from this morning (below) and our conversation this afternoon, we would like you to
inquire as to how the neighborhood association was made aware of the procedure more than 12 hours before
we were made aware of the procedure. As you know, the pending application for rezoning renders this matter
quasi-judicial which would prevent ex parte communications between any of the members of council and any of
the parties, including, but not limited to, those neighborhood members opposed to this project. This rule does
not just apply to attorneys. Your cooperation in determining the source of information is greatly appreciated.
Respectfully,
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway, Suite 101 1 Ames, Iowa 50010 1 Fax: 515-471-7860
From: Torresi, Brian D.
Sent: Tuesday, March 25, 2014 9:20 AM
To: 'Judy K Parks'; 'Steve Schainker'; 'Kelly Diekmann'; 'Diane R Voss'
Cc: McDougal, Jodie C.; 'Hugh J. Cain'; 'Brent L. Hinders'; 'Charlie Vatterott'; 'Scott Renaud'
Subject: RE: Breckenridge - March 25
Judy—can you please confirm that this item is no longer on the agenda and let me know the procedure that will
be conducted at tonight's meeting. Interestingly, I only found out about the possible granting of this request
through a social media post by the leader of the neighborhood association. That person stated that they were
informed that the mayor would open the hearing and then immediately close the hearing. Is this accurate?
Please let me know the course of action that will be taken with respect to the removal of this item.
e
Respectfully,
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway, Suite 101 1 Ames, Iowa 50010 1 Fax: 515-471-7860
From: Torresi, Brian D.
Sent: Monday, March 24, 2014 4:33 PM
To: 'Judy K Parks'; 'Steve Schainker'; 'Kelly Diekmann'; Diane R Voss
Cc: McDougal, Jodie C.; 'Hugh J. Cain'; 'Brent L. Hinders'; 'Charlie Vatterott'; 'Scott Renaud'
Subject: Breckenridge - March 25
file://C:ADocuments and Settings\diane.voss\Local Settings\Temp\notesElEF34\—webl595... 3/25/2014
f Page 2 of 2
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Judy—here is a letter on behalf of Breckenridge concerning the removal of our rezoning item for tomorrow
night's City Council meeting. We are excited to proceed to the workshop to formulate a consensual plan of
development. Please let me know if you have any questions about this letter, and please let me know the date
of the workshop once that date is determined.
Respectfully,
Brian D. Torresi I Attorney (also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com
2605 Northridge Parkway, Suite 101 1 Ames, Iowa 50010 1 Fax: 515-471-7860
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