Loading...
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. 239 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. 2 240 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. 3 • 241 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. 4 242 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. 5 243 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 6 244 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. 7 245 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. 8 246 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 1 9