HomeMy WebLinkAbout05/22/1992 Adjourned Meeting 291
CITY OF.YAKIMA, WASHINGTON
MAY 22, 1992
ADJOURNED MEETING
The City Council met in session on this date at 9:07 A.M. in
the Council Chambers of City Hall, Yakima, Washington for
informal discussion concerning the conclusions and decisions
for Columbia Asphalt. Mayor Pat Berndt presiding,
Councilmembers Clarence Barnett, Henry Beauchamp, (present
after 9:25 A.M.) Bill Brado, Skip Semon and Bernard Sims
(present after 9:15 A.M.) present on roll call. Councilmember
Lynn Buchanan absent and excused due to possible conflict of
interest. City staff members present were Assistant City
Attorney Paolella, Community and Economic Director Rice,
Planning Manager Skone, and Clerk Harris. County Commissioner
Deccio, County Prosecutor Austin, Planning Director Anderwald,
and Planner Tom Durant present for Yakima County.
Mayor Berndt discussed the possibility of an Executive Session
being held. She said the Council had been advised by its
legal department that they have the option of going into
Executive Session if they so choose. The Council decided to
hold the meeting in open session.
Assistant City Attorney Paolella reported Council was provided
with a list of possible requirements, which was all - inclusive
with options.
Commissioner Deccio stated that it was his understanding,
following the twelve hour meeting, that the mining portion
would be allowed, but not the concrete or asphalt plant. He
believes the list of requirements which the City has drafted
will make it impossible for the applicant to mine gravel.
Columbia Asphalt has grandfather rights to certain areas with
no restrictions. Faced with many City restrictions they
cannot meet could result in the applicant withdrawing their
application and continuing to mine with no restrictions. The
Council explained the options were not mandatory, but rather
suggestions. It was the City's desire to compare their
requirements with the County's, one by one, and reach an
agreeable joint decision. Councilmember Semon asked if there
has been contact with Columbia Asphalt and what requirements
would cause them to cancel their application. Mr. Paolella
replied that the legal department has been in contact with
Columbia Asphalt's attorney. Mr. Austin stated they have a
letter from Mr. Beyer, attorney for Columbia Asphalt,
responding to the City's original draft. One problem is the
water quality monitoring plan. The County's approach is to
comply with Department of Ecology (DOE's) requirements; the
City concurred.
292
MAY 22, 1992
The City eliminated Item 1C from the City's plan.
Items A, B, and D are identical in the City and County's
recommendations. Item E deals with the dike construction and
is different. Mayor Berndt observed the basic difference is
the City's requirement of a professional engineer design and
to check the dike. The portion that was repetitive concerning
water level and water quality was removed from the City's
portion.
Commissioner Deccio declined Mr. Carmody's request to speak,
(attorney for Lake Aspen homeowners). Mayor Berndt then
recognized Mr. Carmody; he stated he was called by the City
and asked to attend and wished to know what "role" he was to
play. Mayor Berndt informed him that the attorneys were all
called as a courtesy and asked to attend.
The reclamation plan was agreed on, the City and County
excavation depth and set -back requirements were the same.
Water pollution prevention was discussed; since the
requirements of DOE apply, the City agreed to adopt the
County's version. Item No. 5 is the same as the County's.
Item No. 6, concerning off -site material was discussed.
Councilmember Brado does not agree with Columbia Asphalt
bringing gravel from off -site to the present site to crush.
Mr. Durant said the County agrees with that restriction. Air
pollution was discussed, and using the Clean Air Authority's
requirements was agreed upon. The decision to leave high wind
requirements (for operations to decease during high winds) in
and add the last line of the County's Item No. 6 was agreed
upon. The County's requirement for vegetated site screening
was agreed upon. Paved road and truck traffic restrictions
were agreed upon. Water level monitoring plan was discussed.
Mr. Durant responded that the County eliminated "subsurface
aquifer" because it goes beyond what was addressed in the
hearing. A licensed professional engineer will suffice,
rather than a hydrologist. A consensus was reached to use
City /County language throughout the document. The Department
of Ecology can resolve an impasse if one ever occurs.
The amount of a proposed bond was discussed; the City had
suggested a $250,000 bond. Commissioner Deccio felt if a bond
was set too high that Columbia Asphalt would simply withdraw
their application and go back to the grandfather rights for
mining. Following further discussion, it was MOVED BY
BARNETT, SECONDED BY BEAUCHAMP, TO ACCEPT THE BOND AT AN
AMOUNT OF $25,000. The motion carried by 4 -2 voice vote;
Berndt and Semon voting nay; Buchanan absent.
2
293
MAY. 22, 1992.
It was the consensus of the City Council to use the County's
Item No. 14. Item No. 16, concerning noise abatement was
discussed and there was a consensus to keep the requirements
under the existing laws. Item No. 17, hours of operations,
was discussed. Following discussion of fairness to both
Columbia Asphalt and the neighbors, 6:00 A.M - 6:00 P.M. with
no rock crushing operation allowed on the week -ends, was
agreed upon.
Pat Andreotti asked to submit a document. He was not allowed
to do so because the public hearing had already been closed.
Following further discussion, it was MOVED BY SEMON, SECONDED
BY SIMS, TO ADJOURN THE MEETING AT 10:32 A.M. The motion
carried by unanimous voice vote; Buchanan absen -.
READ AND CERTIFIED ACCURATE BY: � fC /1
- CbUNC 'LM MBER DATE
DATE
ATTEST:
tx.
(-)
CITY CLERK MAYOR
Minutes prepared by Clerk Harris
3