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A lot of people don't start the first. 00:00:00
But there's about 10,000 people each time in a major election that vote against all the judges for whatever reason. 00:00:02
And if you are, if you're one of those cities that already has a Pretty Little doubt agenda, it might get pushed back months, 00:00:09
right? 00:00:11
OK. 00:00:18
Ready. Ready. Ready. 00:00:19
Go. 00:00:28
Good evening. My name is Marty Banks. I'm. 00:00:30
Like Dennis. 00:00:34
Yeah. 00:00:35
Good evening, My name is Marty Banks and I'm. 00:00:36
Acting as vice chair of the. 00:00:39
Holiday Planning Commission meeting this evening. 00:00:41
Thank you all in attendance for attending. We appreciate your your your interest and your participation. 00:00:44
A few comments before we get started, and particularly for those who may not be familiar with the process. 00:00:50
There will be following tonight. The City of Holiday Planning Commission is a volunteer citizen board. 00:00:56
Whose action is to review land use plans and other special studies and make certain recommendations to the City Council. 00:01:02
We do not initiate land use applications, rather we act on applications and proposals that are submitted. 00:01:10
The Commissioners, we on the Commission attempt to visit each property on the agenda tonight. We don't have any particular 00:01:18
properties that issue so. 00:01:23
That's not particularly relevant this evening, but nevertheless the decisions that are made by the Commission are based on 00:01:27
observations, planning, staff recommendations, the city's general plans. 00:01:34
The applicable zoning ordinance, if any, and of course all of the both oral and written comments submitted. 00:01:41
By the public. 00:01:49
And all of that becomes part of the public record. 00:01:51
The This evening we have a brief agenda. We are going to address a text amendment that affects certain bonding and financial 00:01:55
assurance issues in connection with a recent state statute enacted by the state legislature and that the city is proposing 00:02:02
adopting. 00:02:08
Will also be approving some minutes on under under our action items, so we'll move, if we can, the last item, the Planning 00:02:15
Commission election to the rear of the agenda if that's OK with staff. 00:02:23
And we'll jump then right into the text amendment. 00:02:32
Again, for those who may not be familiar with our process, we'll ask. 00:02:36
Our staff Kerry Marsh to give us a brief presentation on that text amendment that staff has proposed for our consideration and 00:02:41
ultimate recommendation to the City Council. 00:02:48
And then we'll welcome and receive public comment. 00:02:56
Let me say in advance though, for those who are here this evening, if any of you are interested in providing comments at the when 00:03:00
the time comes, if you would kindly come right up to the podium. 00:03:06
And state your name and your address for the record. 00:03:12
And then share with us any comments that you care to. 00:03:16
Convey. 00:03:19
With that, Miss Marsh, if you give us a presentation on the text and proposed text amendment. 00:03:21
Thank you, Commissioner Banks. 00:03:34
So this text amendment is a legislative action, so the Planning Commission will make a recommendation and then it will go to City 00:03:36
Council for their review and. 00:03:42
Approval if if they. 00:03:49
Sodium. So the request is for. 00:03:52
Amending title 13 of the Land Development Code. 00:03:56
These amendments have been reviewed by an interdepartmental team that consists of public works legal. 00:04:01
Community Development and the Public Utilities departments. 00:04:08
The purpose of the code amendment is to implement new state legislation that was enacted last year in 2023 that is related to. 00:04:11
Improvement, completion, assurances or bonding. 00:04:22
This will comply with the provisions of lemma. 00:04:26
And those proposed code changes. 00:04:29
Effectively remove requirements to bond for on site, landscaping and amenities unless it is for public improvements. 00:04:33
Public landscaping. 00:04:43
And anything that's essential for public health and safety. 00:04:45
The proposed code changes also set forth the administrative procedures and requirements for improvement agreements and financial 00:04:50
assurance. 00:04:54
For those construction improvements prior to recording a plat or obtaining a building permit. 00:04:59
Um. 00:05:05
So the authority of the municipality, then, is limited to the use of bonding only for infrastructure improvements that are public 00:05:06
and essential. 00:05:11
Required to meet building code, fire code, flood or stormwater management provisions, St. and access requirements or other 00:05:15
necessary public safety improvements. 00:05:20
This will bring the city's code into compliance with the new state law provisions. 00:05:25
Of the changes are outlined in the attached packet. 00:05:32
Umm. 00:05:37
It was removal of large sections with a rewrite to outline those pieces of where bonding is required and removing areas where 00:05:39
bonding cannot be required by by state outline. 00:05:46
Thank you very much. 00:05:56
We'll invite the public if any are interested. 00:06:00
Stand and come up and. 00:06:03
Provide any comments that you're inclined to share. 00:06:05
Marty, just make sure you open the public hearing. 00:06:10
Just make sure you open the public hearing. Thank you. 00:06:13
For the record. 00:06:17
Commissioner Banks moves to open the meeting as a public hearing. 00:06:20
And with that we would invite any members. 00:06:24
Of the public that are with us tonight to come forward and give any comments that you care to share. 00:06:27
If any. 00:06:32
And I would remind you all when you come up to. 00:06:40
Limit your comments to 3 minutes if you would and also. 00:06:44
We talked about the name and address. 00:06:48
And of course, combine your comments to the topic at hand. Thank you. 00:06:51
Ron Hilton, 2394 Murray Holiday Rd. 00:06:56
I guess I just kind of have a question. 00:07:01
I noticed one of the changes was increasing the. 00:07:06
Bonding requirement from 25% of the cost to 100%. 00:07:09
If I was reading that correctly. 00:07:14
And. 00:07:16
Is that a requirement of the state law? 00:07:17
And. 00:07:20
If not, you know, is that something that might ought to be reconsidered just because it? 00:07:22
Places a burden on the. 00:07:29
On the developer to essentially pay for 100% of something then. 00:07:31
Pay for it again to actually do it. 00:07:35
Before it can be refunded it, it could be burdensome. 00:07:38
So that's just a question. 00:07:42
I'm sorry, I didn't follow your thought about paying for it and then paying for it again. You elaborate on upfront pay of a bonded 00:07:44
amount equal to 100% of the cost of doing it. 00:07:49
And that's not refunded until you actually do it. So you have to. 00:07:55
You know, the cash flow can be burdensome. I think you have to essentially be out twice as much. 00:07:58
At least that's my understanding, maybe flawed. 00:08:04
So the the short answer to that is it could be long winded but the short answer of that is. 00:08:07
So you don't have to bond. 00:08:14
Right, you can install the the stuff, the improvements before. 00:08:16
You record, but if you want to record today, you have to put up a bond for 100% of the cost of improvements, so the developer has 00:08:21
that flexibility. 00:08:24
But it's it has to be 100%, because there's no reason that. 00:08:29
The rest of the residents of the city should be paying for public improvements for a development that they're not going to benefit 00:08:34
from. 00:08:36
So that's I mean that that is the state law. 00:08:40
So you the option is instead of paying for it up front and coming up with security interest or something, to provide the city an 00:08:42
assurance that you can. 00:08:46
Do that is to just start putting the improvements in. 00:08:50
And you never have to bond for them, but you can't record until they've been signed off on. 00:08:54
And you could do that. 00:08:58
You can do that before or after this this amendment. 00:09:01
I see. 00:09:05
So you. 00:09:06
But you just. I mean when you record that means you have a marketable title. 00:09:09
To a piece of property right when you've subdivided so you can get approval for. 00:09:12
The improvements before recording. 00:09:17
Correct. 00:09:19
OK. 00:09:20
Yeah, I just noticed that changed and I just yeah, but you can't, you can't. The issue. So this has happened in the past of why 00:09:22
they're doing it this way. 00:09:26
Is because. 00:09:30
And most recently in 2008, there were a whole bunch of companies that were doing development and trying to get it in and. 00:09:31
Were too late and they. 00:09:38
They put up a security bond, right? It's just you buy a bond from a security bond company. 00:09:41
And. 00:09:45
They don't give up their money without litigation. 00:09:47
Right. So it became very difficult and so many in some some security bonding companies went out of business because there were so 00:09:50
many security bonds that they had sold and so many developers that went out of business. 00:09:55
That they couldn't pay for the improvements, and so it left cities holding the bag to try to fix. 00:10:00
The issues and taxpayers were stuck trying to fix the issues that were never finished. 00:10:05
So. 00:10:09
Cities have adopted really strict requirements. 00:10:11
To make sure that they're not. 00:10:13
City and taxpayers, by extension, aren't holding the bag on. 00:10:15
Developments that weren't finished. 00:10:18
OK. Anyway, that was my only question. Thanks. 00:10:20
Thank you, Mr. Hilton. 00:10:23
Commissioner Banks, I have a questions. Commissioner Prince. 00:10:26
Um. 00:10:29
Mr. Kristofferson, does that mean that the 100%? 00:10:30
Is in the state. 00:10:35
Law that was passed, yes, that's part of the state law. It it puts a cap of 100% of the improvements, puts a cap on it. But that's 00:10:37
right. That comes from the state. OK, you can't. And so there are. 00:10:42
I will say, and I can't give you an example of which ones, but I know that there are a few cities that were held up as examples of 00:10:48
why they had to make this amendment because some were charging 125%. 00:10:53
Of what the improvements cost in order to? 00:10:58
And part of it it's just. 00:11:01
Some would say that makes them bad actors. Others would say they're being conservative to protect their residents and their 00:11:05
taxpayers in their city. 00:11:08
Right. So what it would be, it wouldn't be that they wouldn't get their money back. It was just oftentimes you're dealing with 00:11:12
engineers estimates. 00:11:15
Of what things cost and over the last five years. 00:11:18
Those engineers estimates may have been prepared a year before. 00:11:23
The bond came up. 00:11:26
And so. 00:11:28
With the cost and difficulty of supply chains and getting getting pipes and getting infrastructure in place. 00:11:29
Cost of Labor, all of that stuff went. 00:11:36
Way beyond what the original engineer's estimate had. 00:11:39
So anyway, now what? They're tightening up those requirements, so the city is gonna require the engineers estimate be current. 00:11:42
And it and it and it agree with the city engineers engineers estimate. 00:11:50
So thank you. 00:11:55
And. 00:11:57
Mr. Carson, do you have a market feel for the? 00:11:58
Premium percentage for most of these type of bonds. 00:12:02
Purchase price. 00:12:06
It's usually a percentage of the engineers estimate two or three, 10 or 12. 00:12:09
So so. 00:12:15
My recommendation as a city attorney is not to use the security bonds. 00:12:18
Because getting them, if there's an issue, getting them our way, it's way expensive and takes, you know, the city's got to put out 00:12:23
a lot of money to get it solved and get a problem and then wait to litigate to get their money back. 00:12:29
So it's just. 00:12:35
It just saves, you know? I mean it effectively. 00:12:37
Security bonding companies are putting themselves out of business. 00:12:40
Because they make it so hard to give up any money. 00:12:44
That cities say, well, we're not going to accept that as collateral anymore as a bond. To deal with this, we'll accept a letter of 00:12:46
credit or we'll accept a cash bond. 00:12:50
For the full amount of the projected improvements. 00:12:54
But then with those same things, kind of like an escrow agreement. It's a bonding agreement, right? And you can have an escrow 00:12:56
agent hold the money sometimes. Most often the cities will hold the money, but then they'll release the money if so. For example, 00:13:00
if. 00:13:04
They got if the developer put up $1,000,000. 00:13:08
And you had, you know, the. 00:13:11
The utilities within the roadway have been installed and then you've got your dry utilities in the public utility easement and 00:13:13
that's 50% of the cost. So then. 00:13:18
The city, the city inspector comes out, City engineer comes out and inspects those. 00:13:23
Then they will release and approves them. Then 50% of that money will be released back to the developer right then. 00:13:26
Right and then. 00:13:32
Then it comes on to the street improvements, stormwater grant. You get all that stuff in, and then the city will release up to 40% 00:13:34
usually, and they'll hold 10% back until everything's. 00:13:39
Been, you know, for a warranty period for one year. 00:13:45
Kind of thing. 00:13:48
Thank you. 00:13:50
Any other questions? 00:13:52
Any other members of the public care to provide comment this evening? 00:13:55
I presume that not seeing any we will. 00:14:09
Clothes are. 00:14:15
Public hearing. 00:14:17
And. 00:14:19
Address amongst ourselves any inclinations, questions, concerns. 00:14:21
Does this motion require findings? 00:14:31
Yeah. 00:14:33
I don't think so. Was there findings in the report? 00:14:35
No, she's making a recommendation, recommendation to City Council for the city, and I just wanted to know if we had to. 00:14:39
Yeah, OK. 00:14:45
I think all my questions were addressed during the work meeting and. 00:14:48
My Staffs thorough. 00:14:52
Report on this. 00:14:54
I mean, you can get into the nitty gritty if you wanted to, but. 00:14:55
This is a 2 step process. Because this is part of Ladma and land use related regulation, Planning Commission has to review it 00:14:59
before the City Council can and has to have a public hearing in Planning Commission. 00:15:05
And then the process moves the City Council to. 00:15:10
You know, modify him and accept. 00:15:13
Pass. 00:15:16
Remand if you want to send back to staff to fix or whatever. 00:15:17
Notwithstanding their recommendation nature of the decision that is there a reason the staff suggested. 00:15:22
Specific recommendations on this one. 00:15:29
The. 00:15:33
Is there Was there a particular reason why the staff recommended that the? 00:15:34
And. 00:15:38
Suggest that we make findings to justify the recommendation. 00:15:40
As far as I know, there's not. There wasn't a particular reason. 00:15:45
Um. 00:15:50
Yeah, it's just that it's in compliance with Lemma and. 00:15:54
Outlines that it's in or. 00:15:59
In line with the general plan, yeah, you could say if you want to make a finding, you could say that we find that this is. 00:16:01
You know necessary to comply with HB 406. 00:16:07
What's the statute again? HB 406. Got it. 00:16:12
That's probably the only. 00:16:20
Real important one. 00:16:21
And we care to make a motion. 00:16:23
What's that? 00:16:27
This is Commissioner Prince. 00:16:30
I motion to forward a recommendation to the City Council to approve the proposal by holiday city staff. 00:16:33
To amend various sections of title 13. 00:16:39
Of the city of holiday land use code. 00:16:43
As they relate to a required improvement, completion, assurances and warranties. 00:16:46
Based on the need to comply with House Bill 406. 00:16:51
Commissioner Roach, I'll second the motion. 00:16:57
All in favor, Commissioner Schinsky. 00:17:00
Cunningham. Aye, aye. 00:17:04
Aye, aye. 00:17:07
Commissioner. 00:17:10
Aye. 00:17:12
And Commissioner Banks both eye as well. The motion carries unanimously. 00:17:13
Who? 00:17:18
Let us turn now to approval of the Minutes. 00:17:24
Second agenda item. 00:17:28
I believe we had. 00:17:31
4 batches. 00:17:33
Let's start with the 1st. 00:17:35
Chair banks. 00:17:37
Chair banks quickly, so on this you can. 00:17:39
Approve them one by one, or you can prove them all at once. 00:17:43
It's the discretion of the Planning Commission. 00:17:46
Let's let's gauge whether any of the Commission members have a substantial number of separate comments. 00:17:49
Or before collections of minutes. 00:17:56
I don't, but I was only present for two of the meetings, so I don't know if that makes a difference. That said. 00:18:00
In considering all four, the the minutes from all four of the subject meetings. 00:18:06
Are there any substantive comments or recommendations with respect to any of them? 00:18:13
None of the commissioners have any specific recommendations or corrections, and as such I'll entertain a motion to approve 00:18:24
collectively. 00:18:29
The minutes from all four of the meetings were referenced on the agenda. 00:18:34
Mission. 00:18:38
You have to make the motion that you just make it. 00:18:43
I'll entertain a motion though. 00:18:47
Make the motion to go ahead and approve those minutes. 00:18:50
From the border. 00:18:52
Record. 00:18:54
This is Commissioner Prince. I'll second that motion. 00:18:56
All in favor, Say aye, Aye. 00:19:00
The motion carries unanimously by all five of the commissioners in attendance, and. 00:19:04
Therefore, as approved. 00:19:11
With that. 00:19:13
If I didn't already, we'll close the public meeting. 00:19:16
And move to the last item on our agenda this evening. 00:19:20
Which is the Planning Commission election. 00:19:24
In that regard, we've had a number of recent vacancies on our Commission. 00:19:29
And we're about to have another one. I've served my. 00:19:34
Three-year term I think as at the end of this month and I'm happy to. 00:19:37
Um. 00:19:43
Stay on this role unless until we can get our new members in place and until we can. 00:19:46
Formulate new officers of the Commission or representatives. 00:19:53
With that, do we have any motions for? 00:19:58
Designating a new chairperson and Vice Chair. 00:20:02
Person. 00:20:06
To the Commission. 00:20:07
This is Commissioner Prince. 00:20:10
I would suggest that we consider Commissioner Roach as Chairperson. 00:20:12
Of our council. 00:20:17
I would second that motion. 00:20:18
All in favor. 00:20:20
Say aye, Aye. The motion carries unanimously I although I didn't quite get the vote from Commissioner Roach. 00:20:22
What happened to my 123? Nodded strategy. 00:20:31
In any event, whether unanimously or by majority, the motion carries. 00:20:37
With that, do we have any motions for vice chair of the of the Commission? 00:20:44
This is Commissioner Roach and I feel it's only fair that I would nominate Commissioner Prince as Vice Chair and I again would 00:20:52
second that motion. 00:20:57
And. 00:21:03
And hearing no amendments to that, suggested amendments, I'll call for a vote all in favor of that. 00:21:04
Of that motion, please indicate it by eye. 00:21:12
And again, the motion carries. 00:21:17
Unanimously, all right. 00:21:19
Thank you very much for those motions. One quick clarification, does this take effect at the next meeting? Is that the intent or 00:21:22
is? 00:21:25
Or the beginning of October, and I will make a motion to. 00:21:28
Make that. 00:21:33
Um. 00:21:35
Motion effective as of the close of this meeting, IE the start of the next. 00:21:36
Umm. 00:21:43
Planning Commission Scheduled meeting. 00:21:44
That's fine. 00:21:46
I guess so. 00:21:48
Just so it's clear, thank you. Thank you for the reminder. 00:21:49
With that. 00:21:54
Staff Miss Marshall asked if there are any other items I overlooked in the meeting tonight. 00:21:57
No, that is all. 00:22:03
With that, I'll make my own motion to. 00:22:05
Adjourn this meeting at approximately 625. 00:22:09
On Thursday, September 4th. 00:22:14
And this meeting stands adjourned. 00:22:17
Thank you. 00:22:19
OK. 00:22:21
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A lot of people don't start the first. 00:00:00
But there's about 10,000 people each time in a major election that vote against all the judges for whatever reason. 00:00:02
And if you are, if you're one of those cities that already has a Pretty Little doubt agenda, it might get pushed back months, 00:00:09
right? 00:00:11
OK. 00:00:18
Ready. Ready. Ready. 00:00:19
Go. 00:00:28
Good evening. My name is Marty Banks. I'm. 00:00:30
Like Dennis. 00:00:34
Yeah. 00:00:35
Good evening, My name is Marty Banks and I'm. 00:00:36
Acting as vice chair of the. 00:00:39
Holiday Planning Commission meeting this evening. 00:00:41
Thank you all in attendance for attending. We appreciate your your your interest and your participation. 00:00:44
A few comments before we get started, and particularly for those who may not be familiar with the process. 00:00:50
There will be following tonight. The City of Holiday Planning Commission is a volunteer citizen board. 00:00:56
Whose action is to review land use plans and other special studies and make certain recommendations to the City Council. 00:01:02
We do not initiate land use applications, rather we act on applications and proposals that are submitted. 00:01:10
The Commissioners, we on the Commission attempt to visit each property on the agenda tonight. We don't have any particular 00:01:18
properties that issue so. 00:01:23
That's not particularly relevant this evening, but nevertheless the decisions that are made by the Commission are based on 00:01:27
observations, planning, staff recommendations, the city's general plans. 00:01:34
The applicable zoning ordinance, if any, and of course all of the both oral and written comments submitted. 00:01:41
By the public. 00:01:49
And all of that becomes part of the public record. 00:01:51
The This evening we have a brief agenda. We are going to address a text amendment that affects certain bonding and financial 00:01:55
assurance issues in connection with a recent state statute enacted by the state legislature and that the city is proposing 00:02:02
adopting. 00:02:08
Will also be approving some minutes on under under our action items, so we'll move, if we can, the last item, the Planning 00:02:15
Commission election to the rear of the agenda if that's OK with staff. 00:02:23
And we'll jump then right into the text amendment. 00:02:32
Again, for those who may not be familiar with our process, we'll ask. 00:02:36
Our staff Kerry Marsh to give us a brief presentation on that text amendment that staff has proposed for our consideration and 00:02:41
ultimate recommendation to the City Council. 00:02:48
And then we'll welcome and receive public comment. 00:02:56
Let me say in advance though, for those who are here this evening, if any of you are interested in providing comments at the when 00:03:00
the time comes, if you would kindly come right up to the podium. 00:03:06
And state your name and your address for the record. 00:03:12
And then share with us any comments that you care to. 00:03:16
Convey. 00:03:19
With that, Miss Marsh, if you give us a presentation on the text and proposed text amendment. 00:03:21
Thank you, Commissioner Banks. 00:03:34
So this text amendment is a legislative action, so the Planning Commission will make a recommendation and then it will go to City 00:03:36
Council for their review and. 00:03:42
Approval if if they. 00:03:49
Sodium. So the request is for. 00:03:52
Amending title 13 of the Land Development Code. 00:03:56
These amendments have been reviewed by an interdepartmental team that consists of public works legal. 00:04:01
Community Development and the Public Utilities departments. 00:04:08
The purpose of the code amendment is to implement new state legislation that was enacted last year in 2023 that is related to. 00:04:11
Improvement, completion, assurances or bonding. 00:04:22
This will comply with the provisions of lemma. 00:04:26
And those proposed code changes. 00:04:29
Effectively remove requirements to bond for on site, landscaping and amenities unless it is for public improvements. 00:04:33
Public landscaping. 00:04:43
And anything that's essential for public health and safety. 00:04:45
The proposed code changes also set forth the administrative procedures and requirements for improvement agreements and financial 00:04:50
assurance. 00:04:54
For those construction improvements prior to recording a plat or obtaining a building permit. 00:04:59
Um. 00:05:05
So the authority of the municipality, then, is limited to the use of bonding only for infrastructure improvements that are public 00:05:06
and essential. 00:05:11
Required to meet building code, fire code, flood or stormwater management provisions, St. and access requirements or other 00:05:15
necessary public safety improvements. 00:05:20
This will bring the city's code into compliance with the new state law provisions. 00:05:25
Of the changes are outlined in the attached packet. 00:05:32
Umm. 00:05:37
It was removal of large sections with a rewrite to outline those pieces of where bonding is required and removing areas where 00:05:39
bonding cannot be required by by state outline. 00:05:46
Thank you very much. 00:05:56
We'll invite the public if any are interested. 00:06:00
Stand and come up and. 00:06:03
Provide any comments that you're inclined to share. 00:06:05
Marty, just make sure you open the public hearing. 00:06:10
Just make sure you open the public hearing. Thank you. 00:06:13
For the record. 00:06:17
Commissioner Banks moves to open the meeting as a public hearing. 00:06:20
And with that we would invite any members. 00:06:24
Of the public that are with us tonight to come forward and give any comments that you care to share. 00:06:27
If any. 00:06:32
And I would remind you all when you come up to. 00:06:40
Limit your comments to 3 minutes if you would and also. 00:06:44
We talked about the name and address. 00:06:48
And of course, combine your comments to the topic at hand. Thank you. 00:06:51
Ron Hilton, 2394 Murray Holiday Rd. 00:06:56
I guess I just kind of have a question. 00:07:01
I noticed one of the changes was increasing the. 00:07:06
Bonding requirement from 25% of the cost to 100%. 00:07:09
If I was reading that correctly. 00:07:14
And. 00:07:16
Is that a requirement of the state law? 00:07:17
And. 00:07:20
If not, you know, is that something that might ought to be reconsidered just because it? 00:07:22
Places a burden on the. 00:07:29
On the developer to essentially pay for 100% of something then. 00:07:31
Pay for it again to actually do it. 00:07:35
Before it can be refunded it, it could be burdensome. 00:07:38
So that's just a question. 00:07:42
I'm sorry, I didn't follow your thought about paying for it and then paying for it again. You elaborate on upfront pay of a bonded 00:07:44
amount equal to 100% of the cost of doing it. 00:07:49
And that's not refunded until you actually do it. So you have to. 00:07:55
You know, the cash flow can be burdensome. I think you have to essentially be out twice as much. 00:07:58
At least that's my understanding, maybe flawed. 00:08:04
So the the short answer to that is it could be long winded but the short answer of that is. 00:08:07
So you don't have to bond. 00:08:14
Right, you can install the the stuff, the improvements before. 00:08:16
You record, but if you want to record today, you have to put up a bond for 100% of the cost of improvements, so the developer has 00:08:21
that flexibility. 00:08:24
But it's it has to be 100%, because there's no reason that. 00:08:29
The rest of the residents of the city should be paying for public improvements for a development that they're not going to benefit 00:08:34
from. 00:08:36
So that's I mean that that is the state law. 00:08:40
So you the option is instead of paying for it up front and coming up with security interest or something, to provide the city an 00:08:42
assurance that you can. 00:08:46
Do that is to just start putting the improvements in. 00:08:50
And you never have to bond for them, but you can't record until they've been signed off on. 00:08:54
And you could do that. 00:08:58
You can do that before or after this this amendment. 00:09:01
I see. 00:09:05
So you. 00:09:06
But you just. I mean when you record that means you have a marketable title. 00:09:09
To a piece of property right when you've subdivided so you can get approval for. 00:09:12
The improvements before recording. 00:09:17
Correct. 00:09:19
OK. 00:09:20
Yeah, I just noticed that changed and I just yeah, but you can't, you can't. The issue. So this has happened in the past of why 00:09:22
they're doing it this way. 00:09:26
Is because. 00:09:30
And most recently in 2008, there were a whole bunch of companies that were doing development and trying to get it in and. 00:09:31
Were too late and they. 00:09:38
They put up a security bond, right? It's just you buy a bond from a security bond company. 00:09:41
And. 00:09:45
They don't give up their money without litigation. 00:09:47
Right. So it became very difficult and so many in some some security bonding companies went out of business because there were so 00:09:50
many security bonds that they had sold and so many developers that went out of business. 00:09:55
That they couldn't pay for the improvements, and so it left cities holding the bag to try to fix. 00:10:00
The issues and taxpayers were stuck trying to fix the issues that were never finished. 00:10:05
So. 00:10:09
Cities have adopted really strict requirements. 00:10:11
To make sure that they're not. 00:10:13
City and taxpayers, by extension, aren't holding the bag on. 00:10:15
Developments that weren't finished. 00:10:18
OK. Anyway, that was my only question. Thanks. 00:10:20
Thank you, Mr. Hilton. 00:10:23
Commissioner Banks, I have a questions. Commissioner Prince. 00:10:26
Um. 00:10:29
Mr. Kristofferson, does that mean that the 100%? 00:10:30
Is in the state. 00:10:35
Law that was passed, yes, that's part of the state law. It it puts a cap of 100% of the improvements, puts a cap on it. But that's 00:10:37
right. That comes from the state. OK, you can't. And so there are. 00:10:42
I will say, and I can't give you an example of which ones, but I know that there are a few cities that were held up as examples of 00:10:48
why they had to make this amendment because some were charging 125%. 00:10:53
Of what the improvements cost in order to? 00:10:58
And part of it it's just. 00:11:01
Some would say that makes them bad actors. Others would say they're being conservative to protect their residents and their 00:11:05
taxpayers in their city. 00:11:08
Right. So what it would be, it wouldn't be that they wouldn't get their money back. It was just oftentimes you're dealing with 00:11:12
engineers estimates. 00:11:15
Of what things cost and over the last five years. 00:11:18
Those engineers estimates may have been prepared a year before. 00:11:23
The bond came up. 00:11:26
And so. 00:11:28
With the cost and difficulty of supply chains and getting getting pipes and getting infrastructure in place. 00:11:29
Cost of Labor, all of that stuff went. 00:11:36
Way beyond what the original engineer's estimate had. 00:11:39
So anyway, now what? They're tightening up those requirements, so the city is gonna require the engineers estimate be current. 00:11:42
And it and it and it agree with the city engineers engineers estimate. 00:11:50
So thank you. 00:11:55
And. 00:11:57
Mr. Carson, do you have a market feel for the? 00:11:58
Premium percentage for most of these type of bonds. 00:12:02
Purchase price. 00:12:06
It's usually a percentage of the engineers estimate two or three, 10 or 12. 00:12:09
So so. 00:12:15
My recommendation as a city attorney is not to use the security bonds. 00:12:18
Because getting them, if there's an issue, getting them our way, it's way expensive and takes, you know, the city's got to put out 00:12:23
a lot of money to get it solved and get a problem and then wait to litigate to get their money back. 00:12:29
So it's just. 00:12:35
It just saves, you know? I mean it effectively. 00:12:37
Security bonding companies are putting themselves out of business. 00:12:40
Because they make it so hard to give up any money. 00:12:44
That cities say, well, we're not going to accept that as collateral anymore as a bond. To deal with this, we'll accept a letter of 00:12:46
credit or we'll accept a cash bond. 00:12:50
For the full amount of the projected improvements. 00:12:54
But then with those same things, kind of like an escrow agreement. It's a bonding agreement, right? And you can have an escrow 00:12:56
agent hold the money sometimes. Most often the cities will hold the money, but then they'll release the money if so. For example, 00:13:00
if. 00:13:04
They got if the developer put up $1,000,000. 00:13:08
And you had, you know, the. 00:13:11
The utilities within the roadway have been installed and then you've got your dry utilities in the public utility easement and 00:13:13
that's 50% of the cost. So then. 00:13:18
The city, the city inspector comes out, City engineer comes out and inspects those. 00:13:23
Then they will release and approves them. Then 50% of that money will be released back to the developer right then. 00:13:26
Right and then. 00:13:32
Then it comes on to the street improvements, stormwater grant. You get all that stuff in, and then the city will release up to 40% 00:13:34
usually, and they'll hold 10% back until everything's. 00:13:39
Been, you know, for a warranty period for one year. 00:13:45
Kind of thing. 00:13:48
Thank you. 00:13:50
Any other questions? 00:13:52
Any other members of the public care to provide comment this evening? 00:13:55
I presume that not seeing any we will. 00:14:09
Clothes are. 00:14:15
Public hearing. 00:14:17
And. 00:14:19
Address amongst ourselves any inclinations, questions, concerns. 00:14:21
Does this motion require findings? 00:14:31
Yeah. 00:14:33
I don't think so. Was there findings in the report? 00:14:35
No, she's making a recommendation, recommendation to City Council for the city, and I just wanted to know if we had to. 00:14:39
Yeah, OK. 00:14:45
I think all my questions were addressed during the work meeting and. 00:14:48
My Staffs thorough. 00:14:52
Report on this. 00:14:54
I mean, you can get into the nitty gritty if you wanted to, but. 00:14:55
This is a 2 step process. Because this is part of Ladma and land use related regulation, Planning Commission has to review it 00:14:59
before the City Council can and has to have a public hearing in Planning Commission. 00:15:05
And then the process moves the City Council to. 00:15:10
You know, modify him and accept. 00:15:13
Pass. 00:15:16
Remand if you want to send back to staff to fix or whatever. 00:15:17
Notwithstanding their recommendation nature of the decision that is there a reason the staff suggested. 00:15:22
Specific recommendations on this one. 00:15:29
The. 00:15:33
Is there Was there a particular reason why the staff recommended that the? 00:15:34
And. 00:15:38
Suggest that we make findings to justify the recommendation. 00:15:40
As far as I know, there's not. There wasn't a particular reason. 00:15:45
Um. 00:15:50
Yeah, it's just that it's in compliance with Lemma and. 00:15:54
Outlines that it's in or. 00:15:59
In line with the general plan, yeah, you could say if you want to make a finding, you could say that we find that this is. 00:16:01
You know necessary to comply with HB 406. 00:16:07
What's the statute again? HB 406. Got it. 00:16:12
That's probably the only. 00:16:20
Real important one. 00:16:21
And we care to make a motion. 00:16:23
What's that? 00:16:27
This is Commissioner Prince. 00:16:30
I motion to forward a recommendation to the City Council to approve the proposal by holiday city staff. 00:16:33
To amend various sections of title 13. 00:16:39
Of the city of holiday land use code. 00:16:43
As they relate to a required improvement, completion, assurances and warranties. 00:16:46
Based on the need to comply with House Bill 406. 00:16:51
Commissioner Roach, I'll second the motion. 00:16:57
All in favor, Commissioner Schinsky. 00:17:00
Cunningham. Aye, aye. 00:17:04
Aye, aye. 00:17:07
Commissioner. 00:17:10
Aye. 00:17:12
And Commissioner Banks both eye as well. The motion carries unanimously. 00:17:13
Who? 00:17:18
Let us turn now to approval of the Minutes. 00:17:24
Second agenda item. 00:17:28
I believe we had. 00:17:31
4 batches. 00:17:33
Let's start with the 1st. 00:17:35
Chair banks. 00:17:37
Chair banks quickly, so on this you can. 00:17:39
Approve them one by one, or you can prove them all at once. 00:17:43
It's the discretion of the Planning Commission. 00:17:46
Let's let's gauge whether any of the Commission members have a substantial number of separate comments. 00:17:49
Or before collections of minutes. 00:17:56
I don't, but I was only present for two of the meetings, so I don't know if that makes a difference. That said. 00:18:00
In considering all four, the the minutes from all four of the subject meetings. 00:18:06
Are there any substantive comments or recommendations with respect to any of them? 00:18:13
None of the commissioners have any specific recommendations or corrections, and as such I'll entertain a motion to approve 00:18:24
collectively. 00:18:29
The minutes from all four of the meetings were referenced on the agenda. 00:18:34
Mission. 00:18:38
You have to make the motion that you just make it. 00:18:43
I'll entertain a motion though. 00:18:47
Make the motion to go ahead and approve those minutes. 00:18:50
From the border. 00:18:52
Record. 00:18:54
This is Commissioner Prince. I'll second that motion. 00:18:56
All in favor, Say aye, Aye. 00:19:00
The motion carries unanimously by all five of the commissioners in attendance, and. 00:19:04
Therefore, as approved. 00:19:11
With that. 00:19:13
If I didn't already, we'll close the public meeting. 00:19:16
And move to the last item on our agenda this evening. 00:19:20
Which is the Planning Commission election. 00:19:24
In that regard, we've had a number of recent vacancies on our Commission. 00:19:29
And we're about to have another one. I've served my. 00:19:34
Three-year term I think as at the end of this month and I'm happy to. 00:19:37
Um. 00:19:43
Stay on this role unless until we can get our new members in place and until we can. 00:19:46
Formulate new officers of the Commission or representatives. 00:19:53
With that, do we have any motions for? 00:19:58
Designating a new chairperson and Vice Chair. 00:20:02
Person. 00:20:06
To the Commission. 00:20:07
This is Commissioner Prince. 00:20:10
I would suggest that we consider Commissioner Roach as Chairperson. 00:20:12
Of our council. 00:20:17
I would second that motion. 00:20:18
All in favor. 00:20:20
Say aye, Aye. The motion carries unanimously I although I didn't quite get the vote from Commissioner Roach. 00:20:22
What happened to my 123? Nodded strategy. 00:20:31
In any event, whether unanimously or by majority, the motion carries. 00:20:37
With that, do we have any motions for vice chair of the of the Commission? 00:20:44
This is Commissioner Roach and I feel it's only fair that I would nominate Commissioner Prince as Vice Chair and I again would 00:20:52
second that motion. 00:20:57
And. 00:21:03
And hearing no amendments to that, suggested amendments, I'll call for a vote all in favor of that. 00:21:04
Of that motion, please indicate it by eye. 00:21:12
And again, the motion carries. 00:21:17
Unanimously, all right. 00:21:19
Thank you very much for those motions. One quick clarification, does this take effect at the next meeting? Is that the intent or 00:21:22
is? 00:21:25
Or the beginning of October, and I will make a motion to. 00:21:28
Make that. 00:21:33
Um. 00:21:35
Motion effective as of the close of this meeting, IE the start of the next. 00:21:36
Umm. 00:21:43
Planning Commission Scheduled meeting. 00:21:44
That's fine. 00:21:46
I guess so. 00:21:48
Just so it's clear, thank you. Thank you for the reminder. 00:21:49
With that. 00:21:54
Staff Miss Marshall asked if there are any other items I overlooked in the meeting tonight. 00:21:57
No, that is all. 00:22:03
With that, I'll make my own motion to. 00:22:05
Adjourn this meeting at approximately 625. 00:22:09
On Thursday, September 4th. 00:22:14
And this meeting stands adjourned. 00:22:17
Thank you. 00:22:19
OK. 00:22:21
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