HomeMy WebLinkAboutA001 - Council Action Form dated September 28, 1999 4�3s3
ITEM # Zc'
DATE 09/28/99
COUNCIL ACTION FORM
SUBJECT: MOTION TO APPROVE AN ORDINANCE DECLARING A PUBLIC RIGHT-
OF-WAY AND NAMING IT BILLY SUNDAY ROAD
ACTION FORM SUMMARY: On July 13, 1999, the City Council indicated a willingness
to declare public right-of-way for the purpose of enabling the subdivision of land near the
former waste water treatment plant for the City of Ames. On August 24, 1999, the City
Council approved the Preliminary Plat for the South Duff Community Park subdivision with
a series of stipulations that involve the installation of street improvements in land owned
by the City that is to be declared public right-of-way. Now the City is being asked to
approve the Final Plat of the South Duff Community Park subdivision and the declaration
of public right-of-way is necessary for the approval of this subdivision.
Staff is recommending that the City Council approve the ordinance that declares public
right-of-way in conjunction with the approval of the South Duff Community Park
subdivision.
BACKGROUND: The applicant, who is seeking approval of the Final Plat of the South
Duff Community Park subdivision, has also requested that the City declare a portion of the
property that is owned by the City adjacent to the subdivision as public right-of-way. This
request is to fulfill the requirement provided for in Section 23.401(3)(c) of the Municipal
Code that requires that all lots created as part of a subdivision have access to a public
right-of-way.
ANALYSIS: As part of the negotiations, relative to the South Duff Community Park
subdivision, the applicant has requested the use of a portion of City owned land to serve
as a public street to provide access to the lots that are proposed to be created by the
subdivision. In return for the use of the City property for street purposes, the applicant has
agreed to assume all costs associated with the construction of the street and associated
infrastructure improvements needed by the subdivision. The financing of these subdivision
improvements is to occur through the use of special assessment financing with the costs
for the improvements being repaid by the property owner.
The special assessment program has been documented in a Development Agreement that
outlines responsibilities for the installation of the improvements and also contains the
normal waiver procedures that assures that the special assessment taxes are paid.
A legal description and a graphic illustration of the proposed right-of-way are attached to
this action form for review by the City Council. Staff is recommending that the portion of
the City owned land adjacent to the South Duff Community Park subdivision be declared
a public right-of-way and named Billy Sunday Road.
ALTERNATIVES:
1. The City Council can approve the ordinance that declares a public right-of-way adjacent
to the South Duff Community Park subdivision and name the public right-of-way Billy
Sunday Road.
2. The City Council can request to declare public right of way adjacent to the South Duff
Community Park subdivision.
3. The City Council can refer this issue back to staff for additional information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative #1.
This action will approve the ordinance that declares the portion of City owned land adjacent
to the South Duff Community Park subdivision as public right-of-way and name this right-
of-way Billy Sunday Road.
COUNCIL ACTION:
RIGHT OF WAY
PLAT
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
DATE
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OWNER: CITY OF AMES , IA.
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DI 30, 1693.2'
146.12'
n BILLY SUN DAY ROAD
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CENTER SEC. 14-83-24
Billy Sunday Road
Description:
Commencing at the center of Section 14 T83N R24W of the 5th P.M., Ames, Story
County, Iowa-, thence north 666.16 feet along the quarter section line; thence east
146.12 feet to the point of beginning-, thence north 30 feet; thence east 1,693.2 feet;
thence south 80 feet; thence west 1,549.2 feet; thence north 50 feet; thence west 144
feet to the point of beginning.
Containing 2.944 acres more or less.
RECOROEO:
INSTRUMENT NO.
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