HomeMy WebLinkAboutA018 - Council Action Form dated January 13, 2026ITEM #:21
DATE:01-13-26
DEPT:P&H
SUBJECT:AMENDMENT TO THE KINGSBURY SUBDIVISION FIFTH ADDITION
DEVELOPMENT AGREEMENT APPROVING THE SECOND
SUPPLEMENTAL AGREEMENT
COUNCIL ACTION FORM
BACKGROUND:
Back in November, Chuck Winkleblack, representing property owners in Kingsbury's
Subdivision 4th and 5th Addition, requested an amendment to the Development Agreement for
Public Improvements in the Kingsbury's Subdivision Fifth Addition of Southeast 3rd Street to
have the City share in the cost of paving the street extension. City Council directed staff to
prepare an amendment to the agreement which would split the cost of constructing
approximately 152 feet of street within existing right-of-way between the City and both
property owners. Staff has finalized an amendment to the agreement and the property owners
have agreed to the terms of the amendment. Specifically, the portion of unbuilt street lies
between Lot 3 of Kingsbury's Fifth Addition and Lot 2 of Kingsbury's 4th Addition. (See
Attachment A- Location Map)
An original Development Agreement was approved in 2021 and a supplemental agreement in
2022. Both agreements assumed the City would extend SE 3rd as part of the former Cherry
Avenue extension, but if that did not occur the property owners had improvement
responsibilities. Since 2022, the Cherry Avenue extension project has been removed from the
City's CIP plan and is no longer a planned improvement by the City. Given that the City no
longer intends to extend Southeast 3rd eastward to connect with Cherry the owners of the
properties are proposing to amend the existing Development Agreement.
The terms of the amendment include having the City of Ames pay for 50% of the cost -
or- no more than $30,000, whichever is less for the cost of construction. The two
owners of the lots will pay the other half of the costs equally. The items covered under
this agreement are for the paving of the unbuilt street section only which include curb, gutter
and hot mix asphalt (HMA). (See Attachment B- Agreement Amendment). The street must be
constructed to City standards and staff will verify costs from the developer.
ALTERNATIVES:
1. Approve the Second Supplemental Agreement for Public Improvements in the Kingsbury
Subdivision.
2. Deny the Second Supplemental Agreement for Public Improvements in the Kingsbury
Subdivision.
1
CITY MANAGER'S RECOMMENDED ACTION:
The property owners are agreeable to the terms in the Second Supplemental
Agreement which amends the obligations for construction of 152 feet of Southeast 3rd
Street. The City will verify that the construction has occurred to City standards and will
verify costs from the Developer upon completion before reimbursing for the City's
share of the cost of street construction. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative #1.
As noted in November, the City typically must follow a public bidding process to participate in
a public improvement, but in this case the improvement is less than the bidding threshold and
can be a reimbursement.
ATTACHMENT(S):
Attachment A- Location & Lots.pdf
Attachment B-Second Supplemental Agreement- Kingsbury's Fifth.pdf
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SE 3RD ST
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HIGH AVE
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Kingsbury's Subdivision SE 3rd Street´Legend
PARCELS
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AM ES INCORPORATED LIMITS
STREET LABELS - ALL @ 50000 FT
Private
ISU Road
City Road
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County Hwy
State Hwy
US Hwy
US Interstate Hwy
Lot 3 Kin gsb ury's 5th Ad dition
Lot 2 Kin gsb ury's 4th Ad dition
Unbuilt Portion of SE 3rd Street
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