HomeMy WebLinkAboutA013 - Email from City Attorney dated August 22, 2006 - Status of Final Plat Doug Marek/COA To Ray D Anderson/COA@COA
08/22/2006 11:40 AM cc Bob Kindred/COA@COA, Cindy L Hollar/COA@COA, Diane
R Voss/COA@COA, Steve Schainker/COA@COA,Judy K
Parks/COA@COA
bcc
Subject Re: Status of the Final Plat Status for Wal-Mart's
Subdivision, First AdditionE I
The "standard procedure"set out in the ordinance is not a statutory requirement, so consideration of the
application by staff even though signatures, LOC, and treasurer's certificate are lacking does not present
a legal bar. It would be legally defensible to proceed with the processing of the application at this point
even though not all pieces are finalized.
It does pose a practical resource issue for staff, and it also raises the question of whether exceptions to
the standard procedure should be allowed for circumstances like these.
Chuck Becker has been updating us on the status of each of the documents needed: final plat is being
revised to reflect 10' easement; new easement from WalMart to City is being prepared & signed; letter of
credit will be issued as soon as the development agreement is approved; Ward Development signature on
the consent will be provided when Ken Augustine in back in the US Sept. 1; treasurer's certificate will be
issued after Augustine pays taxes after his return; etc. None of these steps is a sure thing, but he does
seem to be making steady progress.
If the City decides not to process the application until it has all documents finalized, that would also be
legally defensible-- but we should let Becker know so that he can adjust to the new due date and notify
Wal Mart. Let me know if you would like to meet to discuss.
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
Ray D Anderson/COA
Ray D Anderson/COA
08/22/2006 08:54 AM To Steve Schainker/COA@COA, Bob Kindred/COA@COA,
Doug Marek/COA@COA, Diane R Voss/COA@COA, Cindy
L Hollar/COA@COA
cc
Subject Status of the Final Plat Status for Wal-Mart's Subdivision,
First Addition
Yesterday, August 21, 2006, at 5:00 p.m. was the deadline for submittal of Final Plat documents to be
considered by the City Council on September 12, 2006. We are still waiting on a number of items before
the Final Plat submittal for Wal-Mart is complete. Several signatures on documents are still needed. The
Story County Treasurer's Certificate has not been received, and a Letter of Credit for the cost of
improvements is required. Our standard procedure that is followed for other Final Plat submittals would
dictate that the Final Plat for Wal-Mart would not be accepted and therefore would not be placed on the
City Council agenda for the September 12 meeting. Please advise as to how we will proceed with the
request for approval of the Final Plat.
Ray
Ray D.Anderson
Planner
City of Ames
Department of Planning & Housing
515 Clark Avenue, P.O. Box 811
Ames, Iowa 50010
Phone: (515)239-5400
Fax: (515)239-5404
E-mail: rnderson@city.ames.ia.us
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