HomeMy WebLinkAbout04/21/1992 Business Meeting a 3g 23
CITY OF YAKIMA,..WASHINGTON
APRIL 21 °- 1992
BUSINESS MEETING
1. ROLL CALL
The City Council met in session on this date at 2:00 P.M. in
the Council Chambers of City Hall, Yakima, Washington. Mayor
Pat Berndt, presiding, Councilmembers Clarence Barnett, Henry
Beauchamp (present after 2:04 P.M.), Bill Brado, Lynn
Buchanan, Skip Semon and Bernard Sims present on roll call.
Acting City Manager Rice, City Attorney Vanek, City Clerk
Roberts and Clerk Harris also present.
2. INVOCATION /PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Buchanan.
3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER
A. PROCLAMATIONS
Mayor Berndt proclaimed April 20 -26, 1992, as National
Community Development Week. The proclamation was
accepted by Lucinda Getz. Ms. Getz thanked the City, the
Council, Dixie Kracht and Fran Eads for their support.
4. CONSENT AGENDA
Mayor Berndt referred to the items placed on the Consent
Agenda, questioning whether there were any additions or
deletions from either Councilmembers or citizens present. It
was the general consensus of the Council to remove Items
Nos. 10 and 12 from the Consent Agenda. The City Clerk then
read the Consent Agenda items, including resolutions and
ordinances by title. It was MOVED BY SIMS, SECONDED BY
BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The
motion. carried by unanimous roll call vote. (Subsequent
paragraphs preceded by an asterisk ( *) indicate items on the
Consent Agenda handled under one motion without further
discussion.)
*5. APPROVAL OF THE MINUTES OF THE MARCH 17, 1992 ADJOURNED AND
BUSINESS MEETINGS
I/
The Council minutes of the March 17, 1992 Adjourned and
Business meetings were approved, having been duly certified
accurate by two Councilmembers and no one present wishing to
have said minutes read publicly.
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APRIL, 21, 1992,
6. JOINT HEARING ON COLUMBIA ASPHALT SHORELINE PERMIT
Assistant City Attorney Paolella, County Commissioners Alex
Deccio, Graham Tollefson (present after 3:03 P.M.) , and Chuck
Klarich; Richard Anderwald, County Planning Director and Tom
Durant, County Planner; and Yakima County Prosecutor Austin
present. Mayor Berndt turned the gavel over to Commissioner
Deccio to conduct the remainder of the meeting.
This being the time set for public hearing, Commissioner
Deccio explained the procedure to be followed and the options
available for making the decision. The County and City are
considering this permit jointly because the property involved
is located in both the City and County. Due to the
appearance of fairness, Councilmember Buchanan asked to be
excused from the public hearing due to a conflict of
interest.
Mayor Berndt at this time asked for disclosure of any outside
contact. Councilmember Semon stated he had been approached
by several citizens and he advised them of the proper
procedure. Commissioner. Deccio stated he and Assistant
Planning Director Erickson had been approached by the Willow
Lake Residents and attended a meeting at their request and
answered their questions.
Tom Durant, Yakima County =•Planner, distributed additional
information which had been received on the issue. He
referred to the site plan and discussed the proposal to
expand Columbia Asphalt operations. Mr. Durant explained
that the Zoning Ordinance allows one hearing to combine the
Class 3 Review and the Shoreline Management Review.
Mr. Durant explained the history of the surface mining which
began in 1964. This gives Columbia Asphalt "grandfather
rights ". A dike was constructed by Columbia Asphalt in
August 1991, without a permit, and a cease and desist order
was issued in January 1992, by the City, County, and State.
Mr. Durant discussed the reclamation plans for the area. He
also discussed the proposed plans for the concrete, asphalt
plant. There are stringent requirements which must be met
1/ from the ,Department of Ecology (DOE). The County recommended
the permit be approved, subject to fifteen conditions. These
include the excavation depth be limited to 30 feet,
regulating handling fuel and chemicals; in compliance with
the Spill Prevention Plan approved by DOE, and the 50 foot
setback for structures. This permit would be good for five
years, with a one year extension clause.
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APRIL 21, 1992
Councilmember Semon questioned Mr. Durant concerning the
staff report stating that the operation would not
"sufficiently" depress the value of the property. He asked
whose definition would define "sufficient ". The answer was
this would have to be further researched. Mr. Durant
explained that the requirement of a bond was to assure the
property would be reclaimed properly. Enforcement for
requirements will be up to the traditional enforcement
regulations.
City Associate Planner Valoff stated the City concurred
completely with the County's recommendations.
Councilmember Beauchamp questioned the compatibility of
Columbia Asphalt with the surrounding properties. Mr. Durant
stated these properties are a distance away (at least one -
half mile) and as long as Columbia complies with all the
conditions, there should not be a compatibility problem.
Councilmember Sims questioned the Health District's concern,
mentioned in their letter. Mr. Durant stated the DOE will
control these concerns. Commissioner.Deccio also informed
the panel that they have the authority to include any
requirements they feel necessary.
Leonard Sali, representing Columbia Asphalt, submitted the
1976 County Resolution on the rezone of the Groenig and
Buckley Development (Exhibit No. 16). The resolution stated
all residents would be informed of the operations in the
vicinity, and that the industrial development would be likely
to continue and expand. He feels this covers the question of
compatibility. Mr. Sali read a letter from Brad Card of PSLA
(Exhibit No. 17). Charles Flower, attorney representing the
Willow Lake area homeowners, asked for Mr. Card to speak; so
he could be questioned.
Brad Card of PSLA, an engineering firm, stated in his
opinion, the water level of Willow Lake was due to natural
causes, not the operation of Columbia Asphalt. Mr. Card
stated the adjacent lake, Myron Lake is 17 feet higher than
Willow Lake, and it maintains that level whether the gravel
pit is being pumped or not. Councilmember Barnett questioned
Mr. Card concerning the report from the Department of
Ecology and the level of the lake. Mr. Card stated his
opinion was in agreement with Mr. Powell, of DOE. James
Carmody, an attorney for Aspen Lake Homeowners Association,
questioned Mr. Card concerning the water levels of Willow,
Myron and Aspen Lakes. Mr. Card stated he did not know the
exact level of the lakes over a specific period of time.
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APRI,L 21, 1992 -
Charles Flower, attorney for Groenig Development, questioned
Mr. Card concerning the level of the lake dropping at the
same time of dewatering and the construction of the dike.
Mr. Card stated he had no evidence that the level dropped
precipitately at that time. Scott Beyer, attorney for
Columbia Asphalt, asked Mr. Card if he was aware of the
period of time that Columbia Asphalt was pumping and if it
had any impact on the water level. Mr. Card stated he was
aware the pumping was taking place in January and that it had
no noticeable impact on the water level.
Commissioner Deccio asked Mr. Durant to read into record the
letter from Howard Powell of DOE (Exhibit No. 13).
Mr. Durant read the letter stating Mr. Powell's opinion that
the mining operation of Columbia Asphalt had "little effect"
on the level of Willow Lake. He stated the Naches River
level has more affect upon the lake's level than any other
observed function. Mr. Deccio also requested Mr. Durant
read a letter into the record from Ray Nelson (Exhibit
No. 18), of the Department of Interior, Bureau of
Reclamation. Commenting on the letter from the Health
Department (Exhibit No. 12) , Mr. Card said he felt the person
writing the letter was not highly familiar with the situation
and procedures.
Councilmember Semon questioned the 1976 rezone and
disclaimer, asking if ,gravel ,mining would be classified as
light industrial. County Planning Director Anderwald was
unsure of the answer. Mr. Carmody stated that mining is a
Class 3 Review and permitted only in a SR, M1, and M2 zones.
Mr. Anderwald informed the panel that M1 and M2 are light and
heavy industrial and SR is Suburban Residential, reference to
Table 4 -1 in the Urban Area Zoning laws. The Columbia
Asphalt area is zoned partially B1 and part M1.
Attorney Scott Beyer discussed the compatibility issue by
introducing a letter from Triangle Sand and Gravel, dated
July 27, 1976 (Exhibit No. 19), asking for expansion of use
of the site. The letter discussed the new development of
Groenig - Buckley condominiums and the possibility of noise,
sand, and heavy equipment traffic being objectionable to the
developer. They ask that the development not create any
future restrictions on the gravel business operation.
Councilmember Sims asked if this letter was incorporated in
the resolution made by the County Commissioners; the answer
was affirmative. It was requested to have the minutes of the
meeting entered to substantiate this. Mr. Carmody asked for
the opportunity to review and respond to this issue.
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APRIL 21, 1992
Mr. Flower asked for the same privilege. Mr. Beyer also
asked for the author of the letter to be able to speak.
Kim Sherwood, Department of Ecology, discussed the water
quality issue of the site. He discussed the process of water
being filtered and purified by gravel pits.
The panel recessed at 4:08 P.M. The hearing reconvened at
4:14 P.M. Commissioner Deccio announced that the hearing
would continue until 5:00 P.M., then be adjourned until
2:30 P.M., April 28th, in the Council Chambers. He asked the
witnesses to please not repeat information that had already
been covered.
Mayor Berndt announced that it was the consensus of City
Council to table the remainder of the Council Agenda (Items
Nos. 8, 10, and 12) until next Tuesday.
Mr. Anderwald introduced into the record the June 14, 1976,
(Exhibit No. 22), and July 13, 1976, (Exhibit No. 20) minutes
of the rezone of the Groenig property.
Commissioner Deccio asked for anyone wishing to speak in
favor of the application for Columbia Asphalt.
Leonard Sali, Columbia Asphalt, stated their company does not
have, and will not have in the future, any public access to
Willow Lake. He entered into the record an award his company
received in 1986 for reclamation at the Parker location, by
the Bureau of Land Management (Exhibit No. 23 - for review
purpose - not retained in file). This was one of only two
awards that were given in the Western United States.
Mr. Sali distributed pictures of the Parker area that has
been reclaimed (Exhibit No. 23). He asked for this permit to
be approved because of the need for gravel and the difficulty
of finding a different location. He read a letter into the
record dated January 9, 1984, to Triangle Gravel from Groenig
Development (Exhibit No. 24), concerning the dike and
discharging water. He stated he is willing to work with the
Willow Lake property owners to satisfy their concerns and
maintain the water level of the lake. In answer to
Mr. Carmody's question, Mr. Sall stated the first time
Columbia Asphalt mined on the site was under Triangle's
permit in 1987. Mr. Sali stated his company's desire is to
operate a concrete plant on the M1 property after the gravel
pit has been reclaimed. He stated they would not be crushing
broken asphalt on site; however, they would store recycled
asphalt.
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APRIL 21, 1992
Mr. Deccio stated the application for the permit is to
include the gravel mining and the asphalt and concrete plant.
The gravel mining would be concluded in five years. The
shoreline permits are for five years only, then have to be
reassessed.
Phil Pleasant, a black community advocate, spoke in favor of
the gravel and asphalt facility. He feels this is an
advantage to the total working labor community and these are
the things that should be considered.
Jim Noel, of Noel Construction, spoke favoring the facility.
His concern was for there only being one other facility which
supplies concrete in Yakima if Columbia Asphalt is closed.
This would cause a hardship, and result in building costs
being raised because of a lack of competition.
Larry Sali, spoke in favor of the facility, stating they have
more than 40 employees, and of the concern for these jobs and
for free enterprise.
Commissioner Deccio asked for anyone whom would not be able
to attend next week to speak.
Dr. Dan Doornink, a Lake Aspen resident, spoke of his concern
over the asphalt plant and the water and air quality of the
area being kept clean. liecommented he was aware of the area
being zoned light industrial when he purchased his property,
but he does not consider the asphalt plant light industry.
Robert Reinholt, President of Aspen Village Homeowners
Association, stated there were twenty -five or more homeowners
present to voice their concern over the permit being issued.
He submitted five letters from Aspen Village residents
(Exhibit No. 27) expressing opposition. He expressed concern
over the water level, noise, odor, smoke, wetland and
environmental issues, and traffic problems being generated by
Columbia Asphalt.
Anthony Burgess, a hydrologist from the Seattle area,
retained by the Groenig Development, presented his
credentials (Exhibit No. 25). He referred to prepared charts
and graphs (Exhibit No. 26) concerning the flow of the Naches
River and the lakes in the area. He did not agree with
Mr. Powell's, Mr. Nelson's, or Mr. Card's observations in
their letters. It was Mr. Burgess' opinion that pumping from
a gravel pit would have an affect on the lake. He stated it
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APRIL 21, 1992
was possible for it to be negligible and more tests would
have to be made to have any definite answers.
Pat Hastings, a resident of the Willow Lake area, expressed
her concerns for the environmental concerns of the area. She
also asked if anyone knew of any violations, such as had
occurred in the past by Columbia Asphalt, that they call the
proper authority. Mr. Deccio asked Ms. Hastings what her
opinion would be if all the requirements were met on the
gravel mining being allowed to be completed. She said it was
her personal opinion that as long as all requirements were
met it would be agreeable.
Commissioner Deccio thanked everyone for attending and
adjourned the hearing at 5:25 P.M. until April 28, 1992, at
2:30 P.M.
7. AUDIENCE PARTICIPATION
Due to the time, the audience participation was postponed.
8. ORAL AND VIDEO PRESENTATION FROM GARY HALL AND WARDELL
ARCHITECTS REGARDING TRANSIT CENTER DESIGN PLANS
Due to the time, the presentation was postponed.
*9. CONSIDERATION OF RESOLUTION SETTING DATE OF HEARING FOR
MAY 5, 1992 ON PROPOSED LEGISLATION TO BAN FIREWORKS WITHIN
CITY LIMITS
RESOLUTION NO. D -6105, A RESOLUTION setting May 5, 1992 as
the date for a public hearing for consideration of an
ordinance banning the storage, sale, use, possession, and
discharge of fireworks within the City of Yakima.
10. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENT WITH RON KING FOR 1992 SOFTBALL ROUND ROBIN
TOURNAMENTS
Due to the time, the consideration of the resolution was
postponed.
*11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF
AGREEMENTS FOR UMPIRE SERVICES FOR SOFTBALL PROGRAM WITH:
A. YAKIMA VALLEY UMPIRES ASSOCIATION
RESOLUTION NO. D -6106, A RESOLUTION authorizing execution of
an agreement with the Yakima Valley Umpires Association.
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APRIL 21, 1992
B. WASHINGTON STATE SLOWPITCH UMPIRES ASSOCIATION
RESOLUTION NO. D -6107, A RESOLUTION authorizing execution of
an agreement with the Washington State Slowpitch Umpires
Association.
12. APPROVAL OF 1991 YEAR -END VEHICLE ACCIDENT REPORT
Due to the time, the report was postponed.
*13. CONSIDERATION OF AN ORDINANCE AUTHORIZING CERTAIN PUBLIC
WORKS EMPLOYEES TO DIRECT IMPOUNDMENT OF VEHICLES ON PUBLIC
PROPERTY
ORDINANCE NO. 3452, AN ORDINANCE related to traffic,
modifying the categories of City officials having
authorization to direct impoundment of vehicles on public
property; amending Section 9.48.080 of the City of Yakima
Municipal Code.
*14. CONSIDERATION OF AN ORDINANCE CHANGING THE BASIS OF
MEMBERSHIP ON THE DOWNTOWN AREA REDEVELOPMENT COMMITTEE
ORDINANCE NO..3453, AN ORDINANCE relating to administration;
changing the basis of membership on the Downtown Area
Redevelopment Commi from business ownership to engaging
in a business or profession in the applicable downtown areas;
and amending Section 1.37.020 of the City of Yakima Municipal
Code.
15. OTHER BUSINESS
Due to the time, other business was postponed.
Information Items:
Items of information supplied to Council were: News Release:
Downtown Trolleys Go Over 200,000 Ridership Mark. 4/14/92;
Memorandum from Water & Irrigation Superintendent regarding
Cross Connection Control Program. 4/16/92; Year -End 1991
Report from Human Resources regarding hiring /vacancy status;
Washington Research Council Newsletter, Notebook, March 1992,
Vol. 7, No. 2; and Agenda for the April 22, 1992 Police and
Fire Civil Service Commission meeting.
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APRIL 21, 1992
16. EXECUTIVE SESSION REGARDING ACQUISITION OF PROPERTY AND
COLLECTIVE BARGAINING
It was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, TO ADJOURN TO
EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING ACQUISITION
OF PROPERTY AND COLLECTIVE BARGAINING, WITH IMMEDIATE
ADJOURNMENT THEREAFTER TO APRIL 28, 1992, AT 1:30 P.M. IN
THE COUNCIL CHAMBERS FOR CITY COUNCIL PICTURES. The motion
carried by unanimous voice vote.
17. ADJOURNMENT TO APRIL 28, 1992 AT 1:30 P.M. IN THE COUNCIL
CHAMBERS FOR CITY COUNCIL PICTURE
Following the conclusion of the Executive Session, the
meeting was adjourned at 6:15 P.M.
O
READ AND CERTIFIED ACCURATE BY: t ILf! y , ; /I
WI) i 'Em: ' DATE
il ., 4 4).(e / i / 7 4 AM
CO CILME : ' DATE
ATTEST:
Ate,,. 4 /e49- c CLt Z 1
CITY CLERK MAYOR
Minutes prepared by Clerk Harris
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