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HomeMy WebLinkAbout04/28/1992 Special Meeting 247 CITY OF YAKIMA, WASHINGTON APRIL 28, 1992 SPECIAL MEETING 1. ROLL CALL The City Council met in session on this date at 1:30 P.M. in the Council Chambers of City Hall, Yakima, Washington. Mayor Pat Berndt, presiding, Councilmembers Clarence Barnett, Henry Beauchamp (present after 2:05 P.M.), Bill Brado (present after 2:17 P.M.), Lynn Buchanan, Skip Semon and Bernard Sims present on roll call. City Manager Zais, City Attorney Vanek, 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 Kara Kondo, of the League of Women Voters, spoke concerning National Drinking Water Week. She invited everyone to attend the Public Drinking Water Forum on May 5, 1992, at 7:30 P.M. May 2 -8, 1992, was declared National Drinking Water Week. Councilmember Buchanan commented that he attended a User Seminar for the Port of Entry this morning and reported that it was well attended by a large variety of businesses and agencies. Mayor Berndt announced that Audience Participation would be moved to Agenda Item No. 14, as several items must be acted upon today. The Council meeting will be adjourned at 2:25 P.M. to the joint public hearing for Columbia Asphalt. 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. The Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY BUCHANAN, SECONDED BY SEMON, THAT THE CONSENT AGENDA, AS READ, BE PASSED. The motion carried by unanimous roll call vote; Beauchamp and Brado absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 248 APRIL 28, 1992 *5. APPROVAL OF THE MINUTES OF THE APRIL 7, 1992 BUSINESS MEETING The Council minutes of the April 7, 1992 Business Meeting were approved, having been duly certified accurate by two Councilmembers and no one present wishing to have said minutes read publicly. 6. AUDIENCE PARTICIPATION Audience Participation was moved to Item No. 14. 7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH RON KING FOR 1992 SOFTBALL ROUND ROBIN TOURNAMENTS (CONTINUED FROM 4/21/92) Councilmember Semon prefaced his remarks by stating it is his understanding that the Ron King Tournaments have an excellent reputation. Mr. Semon's concern was that the City was "sole sourcing something that has potential for personal profit, with public funds involved." He feels this service should go out for bids to afford others the same opportunity. Parks and Recreation Manager Flaherty stated the City has been working with Ron King for seventeen years with these tournaments and that this year's tournament is well under way. He requested that the contract be approved for this year and consider the possibility of the City administering future tournaments. Councilmember Sims asked the potential for the City having multi -type tournaments. Mr. Flaherty responded with an explanation of the tournament process. He said the City would be able to handle the same multi -type tournaments as the Ron King Tournaments. According to City Attorney Vanek's legal interpretation, when a contract over $25,000 is involved, it must go out for bids. Mr. Flaherty stated after Mr. King's expenses are paid the dollar amount is much less than $25,000. Councilmember Sims clarified that the majority of the money comes from the tournament registrations which are paid to the City. Councilmember Semon reiterated his concern was for the advertising which is only available to the person running the tournament; which in this instance is Mr. King. He feels others would like to have this advertising opportunity. Ron King, 320 Stanley Blvd., stated he works to generate the best deal he possibly can with suppliers. He asked for a copy of the proposed contract before continuing, which was given him. He stated he earns $150 a week profit, which he 2 249 APRIL 28, 1992. increased to $300 last year because of additional expenses. In answer to Mr. Semon's question, Mr. King stated he has a vested interest in this year's contract since he has already made agreements with his suppliers. Resolution No. D -6108 having been read by title, it was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE RESOLUTION. IT WAS MOVED BY BARNETT, SECONDED BY BUCHANAN, TO AMEND THE RESOLUTION, IN THE FOURTH WHEREAS, TO READ "THE SERVICES IN THIS AGREEMENT" RATHER THAN "HIS SERVICE ". The motion carried by unanimous voice vote; Beauchamp and Brado absent. The question was called for the vote on the motion as amended. The motion carried by unanimous roll call vote; Beauchamp and Brado absent. RESOLUTION NO. D -6108, A RESOLUTION authorizing execution of an agreement with Ronald King for 1992 Slowpitch Round Robin Tournaments. 8. CONSIDERATION OF REQUEST FROM WALLACE JOHNSON FOR EXTENSION OF WATER SERVICE TO PROPERTY ABUTTING SUNTIDES GOLF COURSE Ty Wick, Water and Irrigation Superintendent, was present to answer questions and speak to the issue. Councilmembers Barnett and Sims questioned Mr. Wick concerning the water rights. Mr. Wick explained there would not be a transfer of water rights but rather a change of use. It is not the same water source that was used last year for the Gleed School. This area is not within the existing urban boundary. Louie Wishert, 1120 W. Lincoln Avenue, stated Mr. Johnson started the project two years ago and has until October, 1992, with a possible extension, to have phase one completed. Mr. Wishert stated there is already a water meter there and they pay the City for water, however, they need a larger meter. In answer to Councilmember Beauchamp, Mr. Wishert stated the owner is willing to pay all the charges for the conversion. The possible impact of the Growth Management Act was discussed. The 48 inch pipe waterline being used was discussed and how many homes it could service. Planning Manager Skone stated he feels that Growth Management and the Urban Boundary area should be considered along with possible future annexations. 3 250 APRIL 28, 1992 Following further discussion, it was MOVED BY BARNETT, SECONDED BY BEAUCHAMP, FOR STAFF TO BRING BACK APPROPRIATE LEGISLATION TO AMEND THE CURRENT POLICY TO ALLOW FOR CONSIDERATION AND APPROVAL OF THE WATER SUPPLY. It was the consensus of the Council and staff that a defined area needs to be established for supplying proposed water service. Councilmember Barnett withdrew his motion, with the approval of Councilmember Beauchamp, in order to receive additional information from staff regarding the possible implications of future water service to outlying areas. It was MOVED BY BUCHANAN, SECONDED BY BEAUCHAMP, TO ASK STAFF TO BRING BACK A COMPLETE REPORT ON POSSIBLE WATER EXPANSION FOR WATER USE IN 4 -6 WEEKS. The motion carried by unanimous voice vote. 9. APPROVAL OF 1991 YEAR -END VEHICLE ACCIDENT REPORT (CONTINUED FROM 4/21/92) It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ACCEPT THE REPORT. Councilmember Buchanan stated after reviewing the vehicle accident report and noting the number of rear end accidents in the parking lot he asked for the difference between a standard parking space and those in the police parking lot. Standard parking spaces are 9 feet and the spaces in the police parking lot are an inch or so over 8 feet. Mr. Buchanan feels this further accentuates the need for a new police station and parking lot. The question was called for a vote on the motion. The motion carried by unanimous voice vote. 10. REPORT FROM LEGAL DEPARTMENT REGARDING CHARTER BUS SERVICE (REMOVE ITEM FROM TABLE PRIOR TO DISCUSSION) Councilmember Semon stated the Council is powerless to take any action on this issue because of Federal funding and UMTA guidelines. It was the consensus of the Council to leave this item tabled. *11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE CITY /COUNTY INTERLOCAL NARCOTIC AGREEMENT RESOLUTION NO. D -6109, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Second Amended Yakima City /County Narcotics Unit Interlocal Agreement. 4 2 51 APRIL 28; 1992 *12. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH TREE TOP, INC. FOR ANNUAL TREE TOP BIKE RACE RESOLUTION NO. D -6110, A RESOLUTION authorizing execution of an Agreement with Tree Top, Inc. 13. OTHER BUSINESS None 14. AUDIENCE PARTICIPATION None 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. It was MOVED BY BUCHANAN,.SECONDED BY BEAUCHAMP, TO ADJOURN TO THE JOINT PUBLIC HEARING ON COLUMBIA ASPHALT AND GRAVEL SHORELINE PERMIT. The motion carried by unanimous voice vote. Councilmember Buchanan asked to be excused, in the appearance of fairness, from the hearing due to a conflict of interest. JOINT PUBLIC HEARING WITH YAKIMA COUNTY COMMISSIONERS 15. JOINT HEARING ON COLUMBIA ASPHALT AND GRAVEL SHORELINE PERMIT (CONTINUED FROM 4/21/92) County Commissioners Alex Deccio, Graham Tollefson, and Chuck Klarich, Richard Anderwald, County Planning Director; Tom Durant, County Planner, Yakima County Prosecutor Austin, Assistant City Attorney Paolella, and 'City Clerk Roberts also present. County Commissioner Deccio opened the meeting and asked to enter into the record three letters received concerning the issue. He responded to a letter from Attorney Charles Flower requesting the panel visit the Columbia Asphalt site. 5 252 APRIL 28, 1992 Mr. Deccio stated all the members of the panel have visited the site several times. Chris Svendsen, Yakima Clean Air Authority, Assistant Director, outlined the permit requirements from the agency. Compliance to emission controls, wet suppression or paving of streets, and air toxics from asphalt fumes, would all have to met by Columbia Asphalt. Councilmember Beauchamp asked about smoke and dust control. Mr. Svendsen said these would also be required. Mr. Flower referred to Exhibit No. 45 and asked about the effects of concrete mixing operations. Mr. Svendsen said these are controlled under the clean air requirements. Attorney James Carmody inquired about requirement for concrete batch plants. Mr. Svendsen stated dust suppression is the main concern. Commissioner Deccio asked about any outside contact concerning the Columbia Asphalt issue. Mr. Deccio report he was walking in the same area with Mr. DeAtley and that Mr. DeAtley remarked to him that unless the applicant met all the requirements that the case would be carried to a higher court. Commissioner Tollefson stated his dentist lives in the area. During an office visit, the dentist made some unspecific comments about this issue. Mr. Deccio asked for those opposed to the application to speak first. Robert Reinholt, President of the Aspen Village Home Owners Association, entered a petition with 160 signatures and several letters in opposition to the project (Exhibit No. 27). Mr. Beyer questioned Mr. Reinholt concerning prior knowledge of the mining operation before purchasing his property. Mr. Reinholt stated he knew about the light industrial zoning. In answer to Councilmember Barnett's question asking if Mr. Groenig furnished him with all the information regarding the surrounding area, Mr. Reinholt stated he did not understand there would be heavy industrial in the area. City Attorney Vanek informed the panel that in the interest of fairness, the panel must allow cross examination. Commissioner Klarich asked about 1 °permitted" gravel operation. Tom Durant, County Planning answered that mining operations requires a special property use permit, a class three review, or a shoreline permit. Glen Groenig, a Willow Lake condominium owner, addressed a letter written in 1984, to Triangle Sand and Gravel, stating the amounts and area of excavation will be determined and supervised by both parties involved. He discussed the dike which was built, unknown to him. He believes the proposed concrete and asphalt plant would devalue the surrounding property. Mr. Beyer showed Mr. Groenig a copy of the 6 253 APRIL 28,` 1992 environmental statement of the site to identify (Exhibit No. 50). He questioned Mr. Groenig about page 8 which makes reference to the area being industrial, including gravel mining, and that the mining would be in harmony with nearby residential uses. Mr. Groenig answered that he was against any expansion of the mining. Mr. Flower questioned Mr. Groenig about exhibits 48 -A through 48 -0, which are aerial photographs of the Parker operation, on 4/27/92, showing what they consider undesirables, and of the present site. Mr. Deccio asked Mr. Groenig if he was agreeable to the gravel mining being mined out and then reclaimed; Mr. Groenig voiced no objection to that. - Nick Hughes, 8703 Juanita Drive, owner of a lot in Lake Aspen, voiced his opposition to the application. He asked the panel to consider the grandfather rights, but not allow the concrete and asphalt plant. He has no objection to the area being mined out and reclaimed. Otis Harlan, Willow Lake resident, voiced his concern of the water level and water flow. He feels the former violations of Columbia Asphalt should not be overlooked. He discussed the possible devaluation of the property. Mr. Harlan's letter was entered as Exhibit No. 51. Russ Murray, a licensed real estate agent, discussed the importance of location,of property. He is in the process of buying property in the area:'`'He stated in the title report there is only one mention of light industrial, south of River Road. He feels the County should be responsible for allowing residents in a B -1 Zoning. Mr. Deccio asked him to speak to the issue, not to be placing blame. He objects to a concrete asphalt plant being built in the area. Commissioner Tollefson commented he feels the issue of whether the Lake Aspen development is an intrusion into an industrial zone or is the industrial zone an intrusion, has to be answered. Patrick Irwin, a Yakima resident for 22 years, explored questions concerning the project, which he feels is a detriment to the adjoining neighborhood and public interest. He spoke for the concern of safe drinking water. He also discussed the environmental impact. He asked the panel to move slowly before a decision is made. Mr. Beyer explained that the wastewater which was discussed is water which is confined to native material on site. Mr. Deccio called for a ten minute recess at 4:04 P.M. The meeting reconvened at 4:14 P.M. Commissioner Deccio spoke to the attorneys present and asked them to please be brief in examining the witnesses. He also 7. 254 APRIL 28, 1992 asked the witnesses to be brief and not to repeat information. In the interest of time, and allowing the witnesses present to speak, Jerry Groenig deferred his testimony until later. Michael Johnson, an Aspen Village resident, displayed an assortment of photographs he took of the dike area and I/ adjacent area (Exhibit No. 54). He spoke against the permit being allowed. It was his opinion that these photos showed areas with signs of pollution. Georgeanne Reinholt, a Lake Aspen resident, spoke of her concern for the additional traffic which would occur on River Road. Charlene Smith, a Lake Aspen resident, expressed her concern over the water quality of the lake and the asphalt pieces which are in the lake. She also expressed concern for the fish, wildlife, and wetlands. Mrs. Smith stated that Myron Lake was dead, due to Columbia Asphalt dumping waste into it. Scott Beyer, attorney for Columbia Asphalt, refuted the statement and asked for conformation. James Carmody referred to a letter from the Department of Wildlife which mentions a fish kill. Mr. Beyer stated this letter does not substantiate any dumping into Myron Lake. Mr. Deccio asked Mrs. Smith if she would have any objection to the gravel being mined out and the area reclaimed. She responded she would not object to that action alone. Patty Taylor, an Aspen Village resident, objected to the possibility of pollution of the lakes and the air. She suggested because of the necessity of the monitoring contained in the staff report, she concludes this is reason for concern. Dowd Luce, a resident of Aspen Village, reviewed the staff report and stated he feels there are more negatives than positives and feels there aren't any good reasons for going forth with this project. Phil Doyle, a Lake Aspen landowner, spoke concerning the environmental review which is usually required. He requested that Columbia Asphalt show a responsibility to the neighborhood. He was also concerned about the prospective noise and for the possibility of the property being devalued. In answer to Mr. Deccio's question, Mr. Doyle stated he has no objections to the gravel mining being finished and reclaimed, providing it is properly supervised. Jerry Kilgrow, Vice President of Aspen Village Homeowners Association, spoke concerning the Use Permit on the Union 8 255 APRIL 28, 1992 • Ditch as water which would be used in the operation of the concrete- asphalt plant. Mr. Kilgrow stated this ditch was to I/ be used for agricultural use only. Water quality was his major concern and the control of undesirable waterplants, without the use of chemicals. Mr. Deccio asked if he would object to the operation being continued until the reclamation process. He agreed, if this meant bringing the lake and area back to their undisturbed state. Mary Lou Borgert, a Willow Lake Condominium resident, thanked Mr. Deccio for coming out to speak to the homeowners. She stated she saw three dead fish on Monday of this week, and an oil slick in the area of the dike. She stated in the past, she had the depot and REA building and was developing them. She said she went through the SEPA Review and her development was found environmentally significant because she had violated the historic airspace. She feels this proposed project would be much more damaging to the environment. She stated the residents have had a problem in the past with getting an entity out to address the problems in the area. In answer to Mr. Flower's questions, she stated the noise and smoke was definitely a problem in the past when Columbia Asphalt was operating. Betty Aaron, a Willow Lake resident for eight years, stated since being annexed into the City there has been many problems in the area. .She the City Council to protect their homes and environment'. 'Mayor Berndt reminded Ms. Aaron that this was a joint City and County decision. Mr. Deccio asked if she would object to the gravel mining being finished and then reclaimed. She replied as long as "her" lake and "her" water was not disturbed, she would be agreeable. Blaine Tamaki, an attorney resident of Lake Aspen Village, objected to any possible pollution to the water and air of the area. He referred to page seven of the staff report and stated Columbia Asphalt has to satisfy all of these requirements. He feels they cannot meet these requirements, and therefore should be denied this permit. He stated he has no objection to the gravel mining activity providing there is no increase. I/ After allowing testimony from citizens who cannot return, it was the general consensus to continue the meeting until 6:00 P.M., and reschedule for Monday, May 4th, at 7:00 P.M. Darrell Deweese, an employee of Columbia Asphalt, stated he previously ran an asphalt plant beside the Greenway. He stated there was never any problem to the walkers. He stated owls, pigeons, ducks, etc. all lived in the area with no ill effects. He said there is no dust involved in this type of 9 256 APRIL 28, 1992 "bag house" process. He stated three dead fish is not cause for alarm and that one teaspoon of oil on a lake will look like a problem. He believes the homes are out of place in the area because it is an industrial area and has been for at least fifteen years. His interest is in being able to keep his job. Richard Wachsmith, owner of the property leased by Columbia Asphalt, stated the present site has had all the necessary permits since the 1960's. He read a permit that was issued in 1970 and was good until the gravel was mined out (Exhibit No. 58). He stated the "so called dike" was actually a berm. He compared replacing the berm or dike, which was what Columbia Asphalt did, to being equivalent to replacing a fence between property lines. He stated one alternative was to fill and level the gravel pit so there would be a large level parking lot access to Myron and Willow Lakes. He stated the Fisheries Department are interested in this option. In answer to Mr. Carmody's question, Mr. Wachsmith stated there is a sale pending to Columbia Asphalt depending on the outcome of the hearing. Mr. Beyer entered Mr. Wachsmith's 1971 mining permit into the record (Exhibit No. 58). This permit was for mining 100 acres. Mr. Beyer entered a 1972 map (Exhibit No. 59) showing the berm or dike across Willow Lake which was left to separate the two properties. This was the same berm or dike that was replaced by Columbia Asphalt. Mr. Carmody asked for any purchase or lease document to be available for review by all parties. Mr. Deccio asked Mr. Beyer to see that these were made available. Mr. Flower questioned the reality of the berm still being in the same place as the original. Mr. Beyer explained to Councilmember Semon that his purpose in entering the 1971 permit was to substantiate that Columbia Asphalt does not actually need a permit for expansion of a nonconforming use. His point is that they are not actually expanding, but simply using land that was already there to use for mining and associated uses. Grant Erickson, 3211 River Road, a property owner adjacent to the Groenig Development spoke concerning the area. He stated he is in the construction business and cannot see any problem with Columbia Asphalt being in the area and expanding their operations. He is concerned about a monopoly on the gravel business if this company is forced to closed. He stated he is familiar with the dike or berm across the lake which has been there for many years. He objects to Willow Lake being considered "our lake" by the residents around the lake; commenting his son was once made to leave the area. He feels this is a public lake and should be considered so. In answer to Mr. Beyer's question, Mr. Erickson stated he did not 10 257 APRIL 28, 1992 believe his property would be devalued in any way by the Columbia Asphalt business. Mr. Flower introduced Exhibits Nos. 28 through 40 to be entered into the record. Commissioner Deccio thanked the audience for attending and reminded the public and panel not to have any contact with each other. 15. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING Due to the time, no Executive Session was held. 16. ADJOURNMENT The meeting was adjourned at 6:03 P.M. until 7:00 P.M., May 4, 1992, to continue the joint public hearing on Columbia Asphalt and Gravel Shoreline permit. 441. 1 1Aa RE AD AND CERTIFIED ACCURATE BY: ��j 1i�I„ / 4 A A- . q3 COUNCI EMBER lkii 0 I E f3/4,3 CO CILM ER TE ATTEST: (;),& CITY CLERK MAYOR Minutes prepared by Clerk Harris I/ 11