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Staff recommends calling Ketron Square Phase 1B maintenance bond after developer declines bridge statement
Summary
City staff told the Planning Commission April 28 they will recommend calling the maintenance bond for Ketron Square Phase 1B because the developer did not post a 12‑month performance bond required by the UDC; staff and public works are preparing alternative documentation on a bridge that was not built exactly to approved plans.
City staff recommended that the Planning Commission follow normal UDC procedures and recommend calling the maintenance bond for Ketron Square Phase 1B at the April 28 work session after the applicant failed to provide a 12‑month performance bond required by the Unified Development Code.
Missy Stahl, the city CIP director, told commissioners staff is recommending the bond be called and that timing between the Planning Commission voting session and the next Board of Mayor and Aldermen (BOMA) meeting could otherwise allow the bond to expire. She said staff is working with the developer to secure a renewal, but advised calling the bond is the appropriate step in the process.
Commissioners flagged a related issue: one developer representative, Mr. Scroggins, did not sign a standard statement for the Harvest Point bridge that certifies construction per approved plans. Ms. Sanders explained the bridge was not constructed entirely per the approved plans; portions deviated from the specifications the applicant proposed and the city engineer approved. Because a blanket statement that the bridge was built exactly per plan would be false, Mr. Scroggins declined to sign it.
Sanders said staff and the public works director are preparing an alternative, more specific statement intended to support the developer’s request to reduce the performance bond to a maintenance bond. Staff and the developer have worked toward a solution that could include extending the maintenance bond period or negotiating a long‑term maintenance agreement for portions of the bridge that did not meet the approved specifications.
The chair determined the first bond item would be left off consent and the others put on consent. Final action on the Ketron Square maintenance bond will be taken at a later meeting where a vote is recorded.
Next steps: staff will present the recommended bond action and any alternative bridge certification or maintenance agreement at a future voting meeting of the Planning Commission and BOMA. The developer may provide an alternative signed statement or a proposed long‑term maintenance agreement.
