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