Planning Commission - Special Meeting

April 23rd and this is a special meeting. That's it. What do you Who takes over? I think you need Doesn't have it on there. What? Roll call. Yeah, it's not on the deal.

Is there any public discussion? You want to get up and say something, sweet? We're not done yet. You don't know. Okay, with that Kevin, uh the uh both items are going to be handled by Spencer Shirron who is uh in the engineering department. So, I'll turn it over to Spencer.

Honorable members of the city council. So this first item that we have concerns amendment number three to the subdivision improvement agreement with LAR homes for the Meadowwood residential subdivision. That's the 88 home development west of Fulton Avenue. So the subdivision improvement agreement requires LAR to complete all public infrastructure improvements before the city accepts the subdivision and homes can be sold. So amendment three makes two ch changes to this agreement. Um, if you remember, amendment number two established a permit cap of 21 homes. Amendment number three would remove this cap entirely, allowing LAR to pull permits for all 88 homes in the subdivision. This does carry some additional risk, but staff considers it very low as the improvements and punch list are nearly complete. The core protection remains fully intact being that no home can close and no property can transfer to any buyer until all improvements are accepted by the city council. Secondly, it adds an indemnification provision. As LA as LAR intends to open model homes to the public, they are inviting people onto a project area the city has not yet formally accepted. This amendment requires LAR to indemnify and hold the city harmless for any claims or liability arising from that public access. So, with that being said, staff recommends the council to approve amendment number three to the subdivision improvement agreement. Do we have any discussion?

So, a couple questions. So, they were limited to pulling 17 permits originally. Now, they can pull all 88. It was 21 permits 21 model homes. Yes. Okay. But now they can pull 88. Yes. With this amendment, they would be able to. Is that because you're trying to hit the market, right? Or you have a big demand or what's the reason for pulling? I mean, you have the ability to pull, but you're not going to pay for them all right away. Honestly,

well, you don't want to have to sit there and say, "How many do we pull? How many can we pull? Well, it gets cheaper that way, too. You have to call them back out.

Yeah. So, so tell me about this liability thing again. And I understand the indemnity, but how strong is the indemnity? And even if we accept it and somebody trips and falls, they're going to come after the city anyway.

Yeah, I can speak to that, council member. Um, so yeah, the indemnity is really just a I mean, it's I mean, technically, until the city accepts the improvements, it's still uh private property. So, I mean the liability would uh you know ultimately fall with the uh the property owner which is Lunar at this point but um just uh typically you know somebody trips on a sidewalk they think it's public property and so the perception would be that and so the city would be named in a lawsuit and so even in that event um we you know we're just kind of covering our bases to make sure that uh you know in such an event uh LAR is agreeing to step in and uh defend us and uh release us from any sort of liability.

No, I understand all that and I agree with all that. So, do they put any kind of bonds up or any kind of or is it just a written indemnity? It's a it's a contractual indemnity. How strong is Lenard? Well, you have the complet you have the completion bonds and all that stuff. Yeah, there there are bonds. There are bonds in place for completion and everything else. Okay.

Right. And I would think you keep the really bad areas probably roped off anyway, right? If you got people coming to look at the Okay. Okay. Yeah, exactly.

Yeah. No, I don't have any problem with any of this. I just wanted to ask the questions. There there's no issues there. Thank you. I have a question. It's completely different place. This gives them the ability to pull all 88 permits. Where does that fit in our rules about how many houses we're going to build every year? I can speak to that. Uh I figured you could.

Um actually, so our our um I guess growth ordinance um actually allocates out 2 and a half% through development agreements and up to 3% can be allocated in a given year. So that number of permits actually calculates out to about 150 permits. Okay. So, uh, they would they fall well with under within the It just seemed like a big number and it's been so long since we've dealt with that before that it I didn't have that answer. I didn't know where that fit. Yeah. So, I think technically about 130 to 140 permits would get can get allocated out at the 2 and a half% and then we do keep a a small portion of permits for individual one-off lots here and there and just kind of buffer. So, all right. Thank you.

That's a good question. So, let me ask a question on top of that one. So 150 they can pull 88 but if somebody else let's say there's several other builders that come in and they start pulling as well. If we're up to 150 pulled they may not be able to pull all 88. Correct. Or do you limit? Right. Typically though the typically the number of permits that you're talking about are through development agreements. So the development agreements we kind of we kind of actually look at development agreements and and kind of hey you can you can pull 30 permits this year in 2027 you can do like 50. If we had a line of developers here uh you know we would have to kind of balance that out and if you missed your allocation window you might have to get in the back of the line right

right now we don't have that problem but it could happen at some point. Um, so we're not really faced with that at this point, but that could be an issue at some point. That's what development agreements are for. But that's how you'll control the 150. But from your standpoint, how much are the permits? They're not cheap. Okay. So, you're not going to pull all 88. Yeah. They won't even all be done this year. No. Right. So, Good luck.

Question. Have you have you uh established the prices yet? Okay. Up to what price? And that's base. That's if you want a kitchen sink, you got to pay a little more.

No. We're not

Can they pick the color of the paint inside? that backsplashes. Okay. All right. So, when are the models going to be available? They're available. I mean, they're not open. Well, I haven't want to step on the property because you're liable, aren't you? Yeah. But you're one of the few people that has damn town. If this is approved today, which I'm having this Saturday on May

we would be opening the public. I've actually wanted to go over there, but I couldn't figure out couldn't figure out how to get there.

It's off right now still, but

I mean, when are you open? What day? What hours? Are you open in like an hour?

I do, but I have something to do in the back first. Okay, that's cool. Wait till May. No, no, I'll go then, too. I want to see if there's a difference. I'll be at the

I'll move we approve the uh amendment number three to the improvement agreement. Second. We're going to do voice votes. Mr. Zuber, yes. Mr. Rucha, yes. Mr. Uker, I. Motion passes 3 0. Okay. So, are we doing this? Okay. We're open to discussion on West Ripen Road overlay project knife river construction. Who's got that?

Yeah, I'll take this one as well. So, this project was identified as a priority by the council. Um, West Ripen Road between Jack Road and South Highland Avenue. Um, it actually extends to county lines has experienced significant deterioration from age and heavy daily traffic. Staff issued a public bid in response to that direction. The project will restore the roadway through a 2-in grind and overlay, deep lift asphalt reconstruction at locations where failure has occurred, and new thermoplastic uh restriping. So, uh, the bid was on April 1st. Staff reviewed all bids and found Consolidated Engineering, who was the lowest bidder, to be non-compliant with material terms of the invitation to bid. So, their bid was disqualified. Knife River Construction is the lowest responsive responsible bidder. Their bid came at in at 300 $342,852. Um, so staff recommends that council awards the contract to Knife River Construction. question. Has it sounds familiar, but have they done work for us before?

Knife River has completed a quite a few jobs for for the city here. Um they actually did our most recent project, which was the Rapona area. Um they did a good job on that. They did. Knife River always for us. Yes, they did my house. Oh, really? Did your house? Well, my street. Okay. Anybody have any questions? going to be north and south of the street. It will be it'll be full width of of the road because the north side is bad. The the north side is particularly bad and that's where we'll be doing a majority of the deep lift repairs. Okay.

I'll move we What am I moving to do? Award the contract. I'll move that we award the contract as recommended by staff. Second. I Does that work or do you want me to go each Mr. Zuber? Yes. Mr. Rucha. Yes. Mr. Uker. Motion passes 3. With that, we're journeying.