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.)
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*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
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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.
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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.
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*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.
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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
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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
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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
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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
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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
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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
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CO CILM ER TE
ATTEST:
(;),&
CITY CLERK MAYOR
Minutes prepared by Clerk Harris
I/
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