HomeMy WebLinkAbout~Master - Amendment to agreement for Bloomington Road Expansion RESOLUTION NO.09-291
RESOLUTION APPROVING AMENDMENT TO
AGREEMENT FOR PUBLIC IMPROVEMENTS FOR
BLOOMINGTON ROAD EXPANSION
FOR THE CITY OF AMES
WHEREAS,the Council received communication from a representative of the Uthe Development
Company, LLC,requesting a second amendment to its agreement with the City to allow the occupancy of
four apartment buildings; and,
WHEREAS,the original agreement related to the development of the Uthe Farm was approved in
November 2000, and in this agreement,the development was required to construct two street lanes on the
north side of Bloomington Road from the east line of the Union Pacific Railroad(UPRR)tracks to George
Washington Carver no later than one year after the construction of 375 dwelling units in the subdivision;and,
WHEREAS,after the Northridge Heights Subdivision was rezoned to allow commercial uses,a new
agreement had to be finalized to provide new guidance as to how off-site improvements, including the
widening of Bloomington Road,would be handled; and,
WHEREAS,in June 2008,an agreement for public improvements was approved by the City Council
allowing the City to withhold occupancy permits for any improvements made within Northridge Heights,l2cn
Addition,until the off-site improvements specified in the November 2000 agreement were completed;and,
WHEREAS, the developer is required to provide financial security prior to the completion of the
public improvements required of them in the original agreement,except for the work that would occur within
the UPRR crossing, and the timing of this crossing work was to be determined by the UPRR; and,
WHEREAS,because the City did not have a solid estimate for the cost of the work from the UPRR
and the City's concern is that the subdivision might be built out all at once,causing the immediate need for
widening Bloomington Road,the authority to withhold occupancy permits was selected as the method for
securing the promise to widen the railroad crossing.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the
second Amendment to the Agreement for Public Improvements for Bloomington Road Expansion is hereby
approved, thereby allowing the apartment buildings on Lots 5, 6, 7, and 8 to be occupied prior to the
completion of the railroad widening project.
ADOPTED THIS 23rd day of June,2009.
C�A�I'R L$a&
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Popken
Seconded by: Rice
Voting aye: Doll, Goodman,Larson,Mahayni,Popken,Rice
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 23rd day of June,2009.