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HomeMy Public PortalAboutCouncil Minutes 1991 12/07McCALL CITY COUNCIL MINUTES DECEMBER 7, 1991 I. CALL TO ORDER AND ROLL CALL Mayor Allen called the meeting to order at 9 o'clock a.m. Councilmen McCarty, Wallace and Larson answered the roll call. The Mayor declared that a quorum was present. The purpose of the special meeting, to conduct a worksession and continue the public hearing on the Spring Mountain Ranch annexation, zoning, general development plan and accompanying agreements was announced. II.SPRING MOUNTAIN RANCH, P.U.D. Staff reviewed the progress to date on the matter, including the Planning and Zoning Commission actions which recommended execution of three separate agreements on the water system needs, the golf course addition, and the development of a by-pass road. The draft agreements dated September 26, 1991, the staff report dated October 24, 1991, and a letter from Mr. Selvage dated November 11, 1991 were before the Council. Messrs. O'Neil, Selvage and Miller reviewed the development plan and their commitments to the project to date. Mr. VanKomen arrived at 9:30 a.m. A. WATER TANK AND DISTRIBUTION SYSTEM AGREEMENT;(DRAFT DATED 9-26-91) The Council took up this agreement which anticipates the contribution of a water storage reservoir tank site and the easements necessary to extend pipes to and from the tank. The staff report was noted. After lengthy discussion during which the developer's concurred with the staff recommendations, Wallace moved to direct staff to prepare a final document which included the recommendations of the staff report deleting the tank site size and requiring dedication of the site. McCarty seconded and on a roll call vote, Wallace, McCarty, Larson and VanKomen voted Aye. The Mayor declared the motion carried. B. GOLF COURSE AGREEMENT:(DRAFT DATED 9-26-91) Dave Engen, Chairman of the Golf Course Advisory Committee,presented a list of concerns from the committee's review of the draft agreement. On those points discussed, the following were discussed and confirmed and/or agreed to: 1. Robert Muir Graves, Course Architect: The developers confirmed that Graves is still involved in the project and, if not, the city will be consulted on the selection of another. 2. Pedestrian paths: The developers understood the difficulties with this language and agreed to have this reference deleted from the agreement. 3. Water amenity construction: The developers agreed that having the golf superintendent consult with them during construction of the water amenities was acceptable. The notion of expanding the O & M manual to include a section on the operation and/or maintenance of the water amenities was also endorsed and accepted by the developers. 4. Changes to construction, major and minor: the procedure addressing major changes was confirmed. The developer agreed to add language which required that the city's golf course superintendent would be advised of minor changes made in the field during construction of the course addition, and as soon as was reasonably possible, the city was to be formally notified. 5. Maintenance costs through date of play: After lengthy discussion, the developers agreed to pay all out of pocket expenses for maintenance of the course through the first day of play. This would include manpower, supplies, materials, fuel, and all appropriate variable overhead costs, which were anticipated to include equipment. It was noted that the city may "own" the course prior to the date of play, at the first cutting for example. In this case, a contractual agreement would be developed with SMR to compensate for these costs. 6. Setbacks: The 50' setback idea would be accomplished using restrictions on deeds and through covenants on specific property. the developer asked for flexibility to vary this distance where not required for safety, i.e. where the intrusion of golf balls and golfers was unlikely to occur. The council and developer agreed in concept to a procedure wherein the golf committee reviewed each plat for the project's phases, prior to the Commission recommending approval of a plat to the City Council, to assure that setbacks were sufficient to protect the playability and safety of the golf course. 7. SMR/HOA involvement: The Council agreed to reorganize the Golf advisory committee to add a seat from the homeowner's association. The developer agreed to rewrite the language so that the city did not need to seek out the HOA to advise them, but that the seat on the committee would dispatch the notification to the association. The O & M manual is to detail as precisely as practicable, the major alterations to which the HOA is to be party to the decision process. The removal or replacement of trees is to be specifically addressed as a minor change not requiring SMR/HOA approval. 8. Water rights: The committee recommended that the acquisition of water rights be deleted from this agreement and that language of intent to explore and consider the matter further be included in the agreement. The developer concurred. The Council also reviewed the staff report for additional items related to this agreement. The following items were agreed to: 9. LID: A language change recommending inclusion the phrase "less the Addition" was approved. The law does not provide for including public property in a LID boundary and this phrase would ensure that it was not. 10. LID/Bond Counsel review: The recommendation that the section of the agreement anticipating approval of an LID be reviewed by Bond Counsel prior to execution was agreed. 11. Dedication: The report recommended that a paragraph dedicating the golf course land to the city should the development be abandoned was agreed to by the council and developers. One other matter, the Committee's recommendation to secure ownership of all golf course land vs. easements was discussed. The developers wished to retain this language and the city attorney opined that the easement needed to be sufficiently comprehensive to cover the committee's anticipated eventualities, such as fencing. Further negotiation is required on this matter. The consensus of the Council was clarified, later in the day, directing staff to prepare the golf agreement in final form addressing all of the above items from the Committee and staff report as agreed to by the Council and developer. The Mayor so ordered. The Council recessed from 11:15-11:30 a.m. C. RIGHT-OF-WAY AGREEMENT: (DRAFT DATED 9-26-91) The Council reviewed the issues of this agreement and recessed for lunch from 12:30 to 1:45 p.m. Following the lunch break, the right of way agreement was discussed further. The items agreed to were ordered spread upon the minutes as follows: 1. The developer agreed to secure all rights -of -way for the North and South legs of the bypass road. 2. The developer agreed to build the entire bypass route to county road standards. 3. The city agreed to investigate the possibility of constructing the road using the city crew, equipment, and gravel source, reimbursed by the developer for these costs. 4. The dedication paragraph contained in the staff report would be included in the final agreement. 5. A 60' right-of-way width was agreed to and that additional width, as recommended by the Transportation Committee ( 80'), would be the responsibility of the city. 6. The dates contained in Section 2 of the agreement which identify target dates for SMR to acquire the property for the bypass road, now as March 30, 1992, would need to be extended to a date further into the future. Paving costs were then considered. The developer had agreed to pave the roadway within the project boundary. The Council then considered alternatives. These alternatives were: 1. The developer would pave the road within the project boundary. The City would pave the North and South legs of the route; 2. The developer would pay for the City to pave the entire route from Dienhard to Lick Creek Road. The Council then asked for staff to develop costs for these alternatives or to develop a formula for the entire project which would complete the roadway at the least cost to all parties and return the matter to the Council table. D.OTHER Discussion of procedures for further action occurred. After discussion, Wallace moved and Larson seconded to have the City Administrator, the City Attorney and Mayor -elect work with the developers to ensure that language appropriate to reflect the agreements debated in this session were included in final documents to be presented to the Council for approval. The motion carried. The Council asked that the draft agreements be circulated to the Transportation and Golf Advisory Committees prior to being considered by the Council. The Mayor so ordered. The Council asked to continue the hearing to the December 12 regular meeting and to subsequent meetings until resolved. The Mayor so ordered. E. PUBLIC COMMENT: Michael Ratliff and Elizabeth Ratliff appeared and commented asking if the city anticipated exaction of similar considerations from other developments. F. ADJOURNMENT: At 3:52 p.m., without further business, Wallace moved to adjourn. McCarty seconded and the motion carried. �•�'^ John\ J. Alden, Mayor Arthu J. Schmidt, City administrator