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HomeMy Public PortalAbout1999.03.01 Council Minutes - Special Public Mtg.CITY OF MC CALL SUMMARY Special Public Meeting City Of McCall Monday — March 1, 1999 Table Of Contents Discussion 2 J Ditch Phase II Winter Storage lagoons... ... ... ... ... ... ... ... ... ... ................... SUMMARY J Ditch Phase II — Winter Storage Lagoons I ATTENDEES Larry Peterson — DEQ Steve Dunn — BOR Gene Peterson — RH2 CITY ATTENDEES Kirk Eimers Allen Muller Marilyn Arp Ray Venable Andy Locke Cherry Woodbury MEETING RECORDER Tami Fink Phone —364-2063 Kirk Eimers opened the meeting at 7:10 PM. Ms. Arp, Mr. Eimers and Mr. Muller answered roll call. A quorum was present. Mr. Venable joined the meeting after roll call. Mr. Eimers greeted the public, gave instructions for public participation, and noted March 19th as the deadline for written comments. Gene Peterson noted the meeting was to receive comments and the agency representative not in attendance to respond. He mentioned that it was not necessary for someone to repeat a previous comment. Mr. Peterson stated the agencies will respond to all public comments. Ted Whiteman, Payette Lakes Water & Sewer, stated JUB had been retained to look at RH2 documents on the lagoon project. Kirby Vickers, JUB, reviewed the cost components to implement the project within budget. He noted the Klienfelder report on the fine grain structural fill needed for the embankment and that the cost was not included in the estimate. Ground water control was another issue where the budget should reflect the cost to handle the impact of high water periods. Mr. Vickers commented the cost for treatment of effluent was not included. He stated the site acquisition cost would not be fully known until completion of the project. Project contingencies needed to be included. Mr. Vickers noted JUB had filed suit for payment collection against the City. He summarized by stating there were significant items and costs association with the project not included and thus believed the project would not be within budget. Ted Whiteman spoke again and mention the Value Engineering process. He noted during the VE process it was reported that by changing the lagoon site the City would save some $500,000 and now it may cost even more. Mr. Whiteman commented on the bid documents by RH2 and the construction of 1 storage cell instead of 2 until other funding was available. He stated the project documents do not include integral components of the project and are now alternatives. Mr. Whiteman stated the Sewer District wanted to be on record that they will not be contributing to any cost overruns. George Wagner, JUB, stated that both the draft facility plan update and the environmental documents were incorrect in asserting the lagoons could not feasibly be constructed on the Seubert site. He stated that no engineering analysis or regulatory agency requirements have lead JUB to change that conclusion. Steve Millemann, M Resorts Attorney, reported that written comments would be submitted. He spoke on the Whitetail project, the resort lodge and the impact the lagoons would have on that project. He commented that the project was hardly mentioned in the updated facility plan and environmental assessment. Mr. Millemann stated the City's acquisition of the property did not follow due process. He cited excerpts regarding the NEPA process / procedures. Noted was the use of the NEPA process to identify and assess the reasonable alternatives to proposed action. He commented the City secured property before other process steps were taken and this was in direct contradiction to NEPA process. Mr. Millemann commented that no engineering analysis states the Bezates site is the preferred alternative. He mentioned that no advance conversation took place with Ann Edwards and M Resorts regarding the Bezates site. Mr. Millemann stated the assumptions of the Bezates site are now subject to question. He noted the cost estimates did not include mitigation costs. Mr. Millemann requested the environmental assessment be declared incomplete. He requested an independent audit thus far on this project be done. When a complete analysis of the Bezates site is done, time should be allowed for public comment. Mr. Millemann commented on the amended facility plan and cost per cubic yard for handling and building berms that was felt to be incorrect (a $2 million mistake). Again, he requested the environment assessment be declared incomplete and recommended an extension of the comment period. Mr. Millemann stated that the environmental assessment had not looked at any alternative designs which might minimize, reduce, or eliminate the impacts — such as sinking the pond in the ground and shaping it other than as a rectangle. The exposed pond liner was mentioned as a safety factor. In conclusion, Mr. Millemann requested the environmental assessment be declared incomplete and not in compliance with regulations, go through the necessary public processes, or declare that this project has significant impacts and require full environmental impact statement. Dean Martens mentioned the wetlands issue on the property. He commented on NEPA and stated the document had the bare minimum of alternatives. He stated 12 sites were considered but eliminated. He felt all the issues eliminating other sites were not addressed. He commented that the process addressing the wetlands was lacking. He reported he had contacted Greg Martinez with the Army Corps of Engineers. He spoke on how the wetlands are being incorporated into the design of many development projects. He commented there was no cumulative effects analysis in the document. Mr. Martens spoke on FONSI, the cost of changing sites, the effect on the quality of life for area residents, water quality monitoring, etc. He felt the range of alternatives was not sufficiently addressed and a complete disclosure of costs was needed. Ben Hippie wondered how the 50 foot something dam on the Seubert site could be classified as a "high risk" and the current design on the Bezates site with a 35 foot something dam not be considered "high risk". He also commented on the visual impact it will have to the area. Connie Taylor, attorney representing residents of the Blue Jay Subdivision, West Side Coalition, and Seubert, expressed frustration in not being able to obtain information needed to make meaningful comment. She stated a 30 extension in the comment period was requested but not responded to. Ms. Taylor stated the need for time to get more specialists on board to understand the issues. She commented that the City actively prohibited (stone walled) providing the information needed. She stated that a motion to intervene had been filed with the courts. A second lawsuit was also filed to try to get the process to slow down and allow for proper procedure. Randy Swick felt things were proceeding regardless of the issues and concerns raised and as though it was a railroaded project. His comments focused primarily on the NEPA document. He noted the alternatives the agencies are required to explore and state why sites were and were not selected. He made reference to Appendix A which provides criteria for assessing each alternative. Mr. Swick referred to Chapter 2 of the FONSI document. He considered the environmental assessment document inadequate as far as its disclosure of direct and indirect effects. He felt the document constituted nothing more than a process for process sake. He stated it was not better documents, but better decisions that counted. Steve Bixby stated that those who spoke before him expressed his concerns as well. He commented on loss of property values and quality of life. The Bezates site was zoned R1 (1 house/acre) when he purchased his property in the Blue Jay Subdivision. He hoped things would be done in a proper and legal manner. John Campbell preferred to submit his comments in writing. Glen Gemelli stated support for cleanup of the river but against the process by which it is happening. He was not sure the project would do what was needed anyway as the success of the concept was based on being able to handle several years of above average water. He expressed concern over condemning property against the owner's will and annexing other property owners against their will. Tom Haynes mentioned the incumbent Council did not listen about the City taking over the sewer operations. He felt the City was being blackmailed by the government agencies if the project was not done. He felt the process should be slowed to get public involvement and those citizens present at the meeting should be enough to have the process re-evaluated. Ray Alford stated he spoke to persons drilling the test wells and the Bezates site. The drawing indicated the berm on the north east corner of the 160 acres was 15 feet, but now that has gone up to 25 feet. He commented on the heights of various berms in comparison to the 50 foot required on the Seubert site that would be unsafe. He stated that an industrial type site which this would be in the middle of a residential area would not be proper use of zoning theories. He viewed taking the Bezates property as a theft. He stated the override was not going to be paid by those few people living adjacent to the property and those in the proposed annex. Sharon Miller stated she would submit comments in writing. Dave Alexander felt the risk of decision vs consequences should be weighted. The attorneys that had spoken had some valid points. The engineers have diverse points. Mr. Swick said NEPA had serious flaws. There is solid public opposition. Mr. Alexander felt there could be a win in this matter somewhere. The people who had concerns with the Seubert site now were in opposition to the current proposal. He acknowledged the sewer issue needed to be addressed but felt other alternatives needed to be reviewed. Bill Killen emphasized there was at least one alternative and encouraged Council not to be afraid to change their decision if the information lead in another direction. He noted the Seubert site objections, high risk, and if runoff did occur it would go into the river. Some future homes may be in that area. Mr. Killen noted if failure occurred on the Bezates site there were already homes at risk. He felt the design was determined to meet the budget and made the comparison to the Montgomery Watson situation. He felt the Seubert site should be seriously looked at once more. Jim Staup spoke on the process taken and errors made when the Golf Course Clubhouse was built. He noted work had been done on the Seubert site for some time, zoning was already industrial, and the risk of the Seubert site vs the proposed site. Mr. Staup mentioned the Seubert site project was stopped because the City did not own the property. If that was stupid, he stated, then this is certainly stupid. Teresa Bixby stated she lived right across from the proposed site. She felt the CUP painted a pretty picture but was not realistic. 'She felt every comment made by members of the West Side Coalition have fallen on deaf ears. Ms. Bixby said the FONSI report stated 11 residence would be impacted regarding property values and quality of life. The only place that would benefit would be Cascade Reservoir and not those residents. Don Green felt it necessary to speak. He had been working on the issue since Seubert wanted to rezone. Mr. Green felt the City should be doing the work for the citizens. He thanked everyone, citizens and agencies, for their assistance. Rand Walker mentioned the safety factor and felt the original site would have been safe. He explained that the Walker property was located between the Seubert berm and the river. He stated no housing development was planned for that area. Covey Ruyle stated he had some serious misgivings about the J Ditch sewer pond project. He commended Council on the progress made on such a hard issue. He noted Council takes advice from legal counsel, engineering firms, government bureaus, staff and makes decisions based on information received. He thanked Council for serving the community. Gene Peterson reiterated that the timeframe for written comments. Mr. Eimers moved to adjourn. Mr. Muller seconded and the motion carried unanimously. Note — Verbatim transcript can be obtained from Tami Fink