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HomeMy WebLinkAboutA028 - Email correspondence regarding vacation of easements Sam Perry/COA To Diane R Voss/COA@COA 04/06/2009 04:46 PM cc Doug Marek/COA@COA bcc Subject Re:Southern Hills West Plat 2J Ok. Thanks for the explanation. I will ask for the easement description to be submitted to me. I will forward them to Public Works and ask them to"advise you if its ready and they approve" and for them to copy me on their advise, so I know what's going on. That way we can schedule the plat review for the same meeting. Sam Perry, Planner City of Ames,IA,Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515)239-5404 Email: seerryog ty.ames.ia.us Web:www.ciMofames.org 515 Clark Ave. P.O. Box 811 Ames,IA 50010 Diane R Voss/COA Diane R Voss/COA 04/06/2009 03:00 PM To Sam Perry/COA@COA cc Subject Re:Southern Hills West Plat 2 I don't go through the Legal Department for easement vacations; Public Works just advises me. I prepare the Notice and run it by Doug for making sure it meets the letter of the law before sending it to the Trib. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 Diane R Voss/COA To Sam Perry/COA@COA 04/06/2009 02:11 PM cc Doug Marek/COA@COA bcc Diane R Voss/COA Subject Re:Southern Hills West Plat 2J Sam: Your email is the first I heard about any easements needing to be vacated for the above-named proposed Subdivision. Easement vacations require Notice of Hearing not less than four nor more than 20 days prior to the hearing. Due to the Tribune's lead time, they have to receive the Notice by 3 PM TODAY to publish it on Thursday, April 9 (for the April 14 Council meeting); that leaves us about 45 minutes max to get this done. Scott's letter regarding sidewalks is the only request that I have seen, and it was referred on March 30. A Council Action Summary was sent to Steve O. on March 31. 1 was not aware that requests for sidewalk waivers no longer needed to be referred by Council. Please let me know ASAP if the easement vacation is going to Council on April 14. 1 do not have any information on the easements that need to be vacated. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 Sam Perry/COA Sam Perry/COA 04/06/2009 01:48 PM To Doug Marek/COA@COA cc Diane R Voss/COA@COA Subject Southern Hills West Plat 2 Doug, I am sending comments to Scott Renaud today regarding the Ag Leader plat. If Scott responds by requesting us to place the final plat on the next available council agenda, do you know how much lead time will be needed for Diane to advertise for a public hearing on the utility easement vacations that they are asking for that are located in the proposed Lot 3? A week or so ago you had emailed me stating the Scott had called and would be sending the descriptions of the easements that they wanted vacated, so I assume that you (or Diane) already have that information and could fairly easily determine what the next possible council meeting would be--- if, for example, Scott responded tomorrow, stating that they wanted the plat, easements and sidewalk waiver processed...... I should also note that Scott requested a waiver of the sidewalk requirement,which we had told him that needed to be referred first. He asked for that to be reviewed by council at the same meeting. Since that time, Steve Osguthorpe has determined that a referral is not actually needed on waiver requests that are for subdivisions within the city limits.That being said, if that waiver request letter from the Sevde's hasn't been referred yet, I don't think that would keep this from being placed on a council agenda. Let me know what you think on the easement vacation hearing notice. Thanks, Sam Sam Perry, Planner City of Ames,IA,Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515)239-5404 Email: sperIyOcity.ames.ia.us Web:www.cityofames.org 515 Clark Ave. P.O.Box 811 Ames,IA 5ooio Doug Marek/COA To Sam Perry/COA@COA 04/06/2009 04:46 PM cc Diane R Voss/COA@COA bcc Subject Re:Southern Hills West Plat 2[ 1 have not received easement descriptions from Scott. On the 31 st he said that he would send them to you and to me. He also said that he is aware that the attorney for the developer normally prepares the easement vacation documents, but that Craig Hastings won't do it so Scott is trying to comply. I wouldn't make any predictions about when we might be able to put this on a Council agenda until we receive his descriptions and know that we have what we need. 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 Sam Perry/COA Sam Perry/COA 04/06/2009 01:48 PM To Doug Marek/COA@COA cc Diane R Voss/COA@COA Subject Southern Hills West Plat 2 Doug, I am sending comments to Scott Renaud today regarding the Ag Leader plat. If Scott responds by requesting us to place the final plat on the next available council agenda, do you know how much lead time will be needed for Diane to advertise for a public hearing on the utility easement vacations that they are asking for that are located in the proposed Lot 3? A week or so ago you had emailed me stating the Scott had called and would be sending the descriptions of the easements that they wanted vacated, so I assume that you (or Diane) already have that information and could fairly easily determine what the next possible council meeting would be--- if,for example, Scott responded tomorrow, stating that they wanted the plat, easements and sidewalk waiver processed...... I should also note that Scott requested a waiver of the sidewalk requirement, which we had told him that needed to be referred first. He asked for that to be reviewed by council at the same meeting. Since that time, Steve Osguthorpe has determined that a referral is not actually needed on waiver requests that are for subdivisions within the city limits. That being said, if that waiver request letter from the Sevde's hasn't been referred yet, I don't think that would keep this from being placed on a council agenda. Let me know what you think on the easement vacation hearing notice. Thanks, Sam Doug Marek/COA To Sam Perry/COA@COA, Diane R Voss/COA@COA 04/07/2009 06:57 PM cc bcc Subject 2600-0084:Southern Hills West Plat 2 --Vacating Easements Sam & Diane: Scott Renaud sent the legal descriptions to the easements to be vacated at the time of the plat approval. I prepared a draft public notice and resolution. Please review and edit if needed. Sam: I have no way of knowing whether these descriptions are accurate, so please make sure these are the right ones that need to be abandoned. If these are OK and if the rest of the plat materials are ready to go, we could publish the notice and put this on the agenda for the 28th. I'll let you follow-up with Scott. Notice of Public Hearing -Vacation of Easements in Replat, Southern Hills West.wpd - 15067.wpd Resolution Vacating Easements-- Replat, Southern Hills West.doc In 15065.doc 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 Diane R Voss/COA To Sam Perry/COA@COA 04/20/2009 01:32 PM cc bcc Diane R Voss/COA Subject Re:easement vacations[ Sam: These are absolutely drop-dead deadlines; there is no wiggle room... For the April 28 Agenda: Publish April 21 Send to the Tribune by 10 AM ON APRIL 16 For the May 12 Agenda: Publish May 5 Send to the Tribune by 10 AM on APRIL 28 Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 Sam Perry/COA To Diane R Voss/COA@COA 04/20/2009 12:17 PM cc bcc Subject easement vacations Diane, What would be the drop dead publication dates for the next two possible council meetings where an easement vacation hearing could be held? I am trying to give some options to Scott Renaud for target dates for city council, since he wants his final plat reviewed at the same meeting. I didn't want to advertise something unless it was actually going to happen. Thanks! Sam Perry, Planner City of Ames,IA,Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515)239-5404 Email: sperry0d1y.ames.ia.us Web:www.cityofames.org 515 Clark Ave. P.O.Box 811 ---- — - -- -- - — — - - Ames,IA 50010 s � AO Nb �- loll [ �- r' I ��b Sam Perry/COA To Diane R Voss/COA@COA 04/21/2009 05:06 PM cc bcc Subject Re:Southern Hills West easement vacations[ Yes, I don't see why not. Thanks. Not that its a major issue, but I don't remember gathering that from Doug's email. But, this may be good news for the Sevde's as they are pushing to move the plat to the 28th. But, so far we've not committed to that. That may change tomorrow though. We'll see what unfolds. We met with Bob K on it today and will be discussing it with Renaud tomorrow. Sam Perry, Planner City of Ames,IA, Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515)239-5404 Email: sper1y(@city.ames.ia.us Web:www.ciiyofames.org 515 Clark Ave. P.O.Box 811 Ames,IA 50010 Diane R Voss/COA Diane R Voss/COA 04/21/2009 05:02 PM To Sam Perry/COA@COA cc Subject Re:Southern Hills West easement vacations[] The hearing on this was already scheduled for the April 28, 2009, City Council meeting, and notice was published on April 17. This was per Doug Marek's direction to me and email to you dated April 7. Is it possible to continue with the hearing on the EAS vacations on April 28 and then approve the Final Plat on May 12? Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 Sam Perry/COA To Diane R Voss/COA@COA 04/22/2009 08:11 AM cc bcc Subject Re:Southern Hills West easement vacations Ok. I understand.We'll hopefully know by the end of the day today.We may have to take advantage of the option to continue it until May 12th.Thanks. Sam Perry, Planner City of Ames,IA, Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515)239-5404 Email: seer y0city.amesaa.us Web:www.ciVofames.org 515 Clark Ave. P.O.Box 811 Ames,IA 50010 ......... . _ . ......_. ................. ........ ......... ................ _._ ..__ Diane R Voss/COA Diane R Voss/COA 04/21/2009 05:12 PM To Sam Perry/COA@COA cc Subject Re:Southern Hills West easement vacations] After Doug's email regarding the legal description, he came over, approved the Notice, and said to go ahead because I don't need the legal description for it. So that's what I did. If you are not ready, however, we can open the hearing on April 28 and continue it until May 12. Please advise. Thanks. Diane Voss, City Clerk/Records Manager P. O. Box 811 Ames, Iowa 50010 (515) 239-5105 Doug Marek/COA To Sam Perry/COA@COA 04/22/2009 11:05 AM cc Cindy L Hollar/COA@COA,Corey Mellies/COA@COA, Diane R Voss/COA@COA bcc Subject Re:Southern Hills West easement vacations[ The notice stating"Replat of Southern Hills West Subdivision" is OK, since"Plat 2" is a replat of Southern Hills West. I don't think that there is any ambiguity about the location. The notice is sufficient. The Council could either proceed with the vacation on the 28th, or they could open and continue the hearing to the May 12 meeting. 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 Sam Perry/COA Sam Perry/COA 04/22/2009 10:57 AM To Doug Marek/COA@COA cc Cindy L Hollar/COA@COA,Corey Mellies/COA@COA, Diane R Voss/COA@COA Subject Re:Southern Hills West easement vacations[ Thanks Doug. I can't read Word Perfect documents, so I'm not sure what date we're advertising for. Diane and I have been corresponding back and forth and I didn't realize until yesterday that it has already been advertised for the 28th. Thats not a major issue. However, either way, we are meeting with Scott Renaud and his clients today at 1:00. After that meeting, we'll have a better idea on when this plat will actually be reviewed. As of now the plat is not on the agenda for the 28th, due to the lack of a timely response from Scott.The vacation of the easements is a much more minor issue. If it has to be"continued" until May 12th, than we might announce that at the 28th meeting,just so the council can review them at the same time.Although, I don't see any issues with the abandonment of the easements, so that part will likely go smoothly.As an aside, one of my"to-do" items is to write a policy/procedure for easement vacations so that we can streamline this process a little better. That might involve an application and check-off form, so that we all know what the status is. We can work together on that. I would say, at this point, if the name of subdivision being wrong in the notice made an issue for not doing the vacation at the 28th council meeting, than all of the above paragraph is irrelevant, because as of now the plat is scheduled for May 12th anyway. Sam Perry, Planner City of Ames,IA,Dept of Planning&Housing Direct: (515)239-5447 Front Desk: (515)239-5400 Fax: (515)239-5404 . . Email: ,vou: 515 Clark Ave. P.U.Box 8zz Ames,1A50010 OougyNonok/COA DougNYavek/COA 04/22/200810:48AN1 To SamPorry/COA@COA co Cindy LHoUanCOA@COA. Corey MeUieoXCOA@COA. Diane RV000KCOA@COA Subject Re:Southern Hills West easement vooadonoEl Attached are the notice and easement documents with the corrected name"Southern Hills West Plat 2 Subdivision." Please substitute these for the earlier drafts. [attachment"15OG5.doo^deleted by Doug N1onsk/CO/g [attachment"15887.wpd"deleted byDoug MaeWCDA] DougN1nveh Ames City Attorney 515 Clark Avenue P.O. Box 811 Ames, Iowa 50010 Tel: 515-230'5148 Fux: 515'23S'5142 E-mail: dmonak@oity.omesjo.uo Sam Pern/COA SnmPerryXCOA 04/21/200912:33pK4 To Diane RVnooxCOA@COA oo Doug K8omk/COA@COA, ComyMeUina/COA@COA. Cindy 1-'a LHoUor/COA@COA Subject Southern Hills West easement vacations Diane, Please schedule/advertise a public hearing for the easement vecaUonaforSouthernHi||aVVastP|at2for May 12, 2009 Council meeting. Scott Renaud has requested today that the final plat application be placed onan agenda, at the same meeting as the easement vacations, and I believe that May 12 is the earliest possible date for the easement vacation. Doug, | om wondering if you want to change the subdivision name in this document to"Southern Hills West Plat 2'' instead of"Rep|atof Southern Hills West Subdivision"