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HomeMy Public PortalAbout2160From: Bill Robertson <citymanager@mccall.id.us> Sent: Sunday, August 22, 1999 3:21 PM (GMT) To: Ted Whiteman <tedol@cyberhighway.net>; Scott Findlay <fredco@findlayRE.com>; Rick Fereday <aviator@cyberhighway.net>; Mike Anderson <aderson@cyberhighway.net>; Ray Alford <Bisonco@cyberhighway.net>; Don Green <donaldgreen@webtv.net> Subject: FW: J-Ditch Deal Points Original Message From: Kim J. Trout [mailto:kjtrout@micron.net] Sent: Sunday, August 22, 1999 7:39 AM To: city.manager@mccall.id.us Subject: J-Ditch Deal Points PROPOSED RESOLUTION FOR J-DITCH PHASE II DISPUTE DEQ AND BOR ELEMENTS 1. DEQ and BOR agree to participate in amending the current Consent Order, Permits and Agreements to facilitate timely construction of a lagoon on the Seubert site. 2. DEQ and BOR agree to retract or amend statements within current documents that may be construed as defaming of JUB. 3. DEQ and BOR agree that a Force Majeure event has occurred and agree to extend the deadline for elimination of discharge into the North Fork of the Payette River until October 1, 2000. Both agencies preserve and release funding consistent with the amended deadline. 4. DEQ and BOR agree that compensation in the amount of PLWSD051005 $(current billing// estimated to be $152,885.36) to JUB for work performed on the Seubert site prior to termination is grant eligible and may be released for that purpose. 5. DEQ and BOR agree that some portion of the remaining funding available may be utilized for soft costs (engineering/geotechnical/permitting) efforts to complete the project on the Seubert site. 6. DEQ supports an amendment to the current NPEDS Permit, and, as necessary, the Consent Order to allow discharge into the North Fork of the Payette River if weather precludes distribution from the lagoons of treated affluent in any given year. This would be known as a "best efforts clause" consistent with the current Consent Order. 6. DEQ and BOR agree to work with the City in developing alternative means, such as effluent trading, to accommodate future growth requirements beyond initial lagoon storage capacity. 7. DEQ and BOR "stay" the FONSIs which had been issued on the Bezates site. JUB ELEMENTS 1. JUB agrees to accept $152,885.36 (approximate amount of JUB billing) in satisfaction of its claim for work performed on the Seubert site and release all of its files/electronic files/ etc. to the City. 2. JUB dismisses its pending lawsuits against the City of McCall and DEQ with prejudice, with each party to bear their own attorney's fees and costs incurred. 3. JUB releases BOR from its threatened claims. PLWSD051006 4. JUB agrees to complete the design for a design/bid/build or put out a design/build proposal for construction of a lagoon on the Seubert site at the maximum storage capacity that can be completed with the available funds, substantially in keeping with their initial budget. JUB obtains permits from IDWR, DEQ and any other required permitting agencies. 5. JUB "guarantee" that that the "a maximum capacity of " gallons" can and will be constructed within avialable funding, including all engineering and permitting fees. If not JUB pays the difference (including an required change orders, etc. to "guarantee completion") 5. Design and bidding is completed in time to complete construction of the lagoon by October 1, 2000. SEUBERT ELEMENTS 1. Seubert agrees to sell the site to the City on terms similar to the original agreement, modified as required to accommodate current economic conditions ( including the relocation of the Seubert plant onto his remaining property without the necessity of zoning changes. BEZATES ELEMENTS 1. Bezates agrees to return "quick take" funds to the Payette Lakes Water and Sewer District, for application to the Seubert site, less actual expenses incurred by Mr. Bezates in defense of the City's condemnation action. PAYETTE LAKES WATER AND SEWER DISTRICT ELEMENTS 1. PLWSD agrees to assume the primary supervision and management role for the construction project. PLWSD051007 CITY ELEMENTS 1. The City agrees to pay JUB $152,885.36 (approximate amount of JUB billing) for its work performed prior to termination of the project. 2. The City agrees to management and supervision of the project by PLWSD, with oversight of PLWSD to remain with the City. 3. The City agrees to JUB's completion of the work, as described above. 4. The City agrees to have the Citizens Committee continue to be involved in the implementation of this proposal, with a designated attorney to take primary responsibility for the negotiation of and drafting of agreements between the various parties The expense for the work of the designated attorney will be negotiated and borne by all parties so as to minimize the burden to rate-payers/tax-payers. 5. The City agrees to explore and consider the adjustment of future hook-up fees to create a capital fund to facilitate effluent trading or additional alternative projects to address growth. 6. The City will "stay" its Application for a Conditional Use Permit on the Bezates site. M RESORTS, WEST SIDE COALITION ELEMENTS 1. M Resorts and West Side Coalition will dismiss their pending appeal of the CUP 99-2, with the respective parties to each bear their own attorney's fees and costs incurred. 2. M Resorts and West Side Coalition will agree to the PLWSD051008 dismissal of their pending Administrative Appeal of the DEQ FONSI on the Bezates site. IMPLEMENTATION 1. A three person advisory committee will remain involved in and supervise the implementation of this resolution, in conjunction with Kim Trout. That committee shall consist of >and 2. Kim Trout will be retained by the City, to work, on behalf of the committee, to negotiate the details of and draft documents necessary to implement this resolution in conjunction with the three -person advisory committee and the various interested parties and agencies. PLWSD051009