04-06-82 CCM - Laserfiche WebLink

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CITY COUNCIL MEETING, APRIL 6, 1982 5. CIMARRON GOLF COURSE CUP - Continued --Novasurvey of area golf courses indicates they handle damages individually - nothing special is written up specifically holding the course liable. Should not pin this condition on this particular golf course. Problem should be taken care of between the people and Cimarron, as suggested. The City should not become involved in this type of argument..- other Cities do not have ordinances specifying liability. --Mottaz - unique situation in that the owners of the course own the land the homes are on. Better comparison would be Indian Hill or North Oaks Golf Courses for policy. --Fraser - would be irresponsible for the City not to act in this situation --Mottaz - homeowner should.not have to pay or go to court to collect for damage from a golf ball. Cimarron should pay for this. Set up a fund where every golfer pays through the green fees so that justified claims can be paid without question. Have to have an agreement that Cimarron is going to handle claims to the satisification of the owner. --Taylor - just asking for a 1-year period in order to change a procedure that was initiated and followed by the previous owners to date. --Mottaz - in agreement to permit the CUP for another year; but all Cimarron residents should be aware that if they are damaged and have problems with a legitimate claim they should come to the Council and register their complaint. M/S/' Fraser/Novak change the. -language in the draft resolution for the Cimarron Golf Course CUP to read "The owners shall comply with._the Noise Ordinance". Motion carried 3-0-.1 Mottaz abstained. MIS/ Novak/Fraser to amend that section of the Cimarron Golf Course CUP draft resolution on noise to include "Mowing will begin at the perimeter of the golf course and ending at the area closest to the homes". Motion carried 3-0-1. Mottaz abstained M/ Fraser to adopt R-82-18, as drafted in R-82-13 and amended. Motion died for lack of second. M/S/F Eder/Novak to amend that section of the draft resolution for Cimarron Golf Course CUP, on liability (1.) to read" A process will be initiated by Cimarron Management to execute claims for damages. from golfers, with said claims to be submitted to Cimarron's management with a copy sent to the City and a report prepared for Council review on disposition of all claims at year end. Motion failed 2-2. Fraser and Mottaz opposed. --Mottaz - have to add more than paperwork to the responsibility factor - possibly add wording that the effort or lack of effort would be a determining factor in the issuance of next years permit. Something that would put some of the burden on Cimarron. M/ Mottaz to table action until April 20. Motion died for lack of second.