HomeMy WebLinkAbout05/04/1992 Adjourned Meeting 258
CITY OF YAKIMA, WASHINGTON
MAY 4, 1992
ADJOURNED MEETING
1. CONTINUATION OF JOINT CITY /COUNTY HEARING ON COLUMBIA ASPHALT SHORELINE
PERMIT
The City Council met in session on this date at 7:00 P.M. at the Yakima
City Council Chambers for the continuation of the Joint Columbia Asphalt
Hearing. Mayor Pat Berndt presiding, Councilmembers Clarence Barnett,
Bill Brado, Skip Semon, and Bernard Sims present. Councilmember Henry
Beauchamp absent and excused. Councilmember Lynn Buchanan excused due to
a conflict of interest. City Manager Zais, Assistant City Attorney
Paolella, City Associate Planner Valoff, City Clerk Roberts and Clerk
Harris also present. County Commissioners Alex Deccio, Graham Tollefson
(present after 7:10 P.M.) and Chuck Klarich present. County Prosecuting
Attorney Austin, County Planning Director Anderwald and County Planner
Durant also present.
This being the time set for the public hearing, Mr. Deccio asked for those
present wishing to speak. Attorney Scott Beyer, representing Columbia
Asphalt, requested Brad Card, Jean Allard and Phil Small to speak first.
Brad Card, engineer with PSLA, 1120 W. Lincoln, stated that on
i3 April 24, 1992, he and a registered land surveyor went to the land site
between the gravel pit and Willow Lake and measured the difference between
the elevation. The difference was found to be two feet higher for Willow
Lake. He has observed this on a subsequent visual inspection and has
observed no noticeable change. Gravel is a relatively scarce resource in
this area, and he feels it is important for Columbia Asphalt to remain in
business as competition. He remarked the aggregate is of a very high
quality and needed in this area. He also commented that he received a
hand delivered letter from attorney Charles Flower which admonished him
not to use any information that his firm had developed while dealing with
Groenig Development (Exhibit No. 64). Mr. Card feels this is all public
information and will use it if he feels it is necessary. The letter also
stated Mr. Flower believes that Mr. Card' was acting in conflict of
interest. Mr. Card denied this and felt this was an attempt to intimidate
a witness and refused to answer any questions from Mr. Flower. In answer
to Mr. Beyer's question, Mr. Card stated he feels it would be a heavy
financial impact on Columbia Asphalt to try to haul raw material to Parker
and then haul the finished products back to Yakima. Mr. Card feels there
would be no negative impact to the water level or water quality of the
area due to the mining operations; asphalt is not a contaminant. The dike
and the transference of water was discussed. Mr. Card's report was
Exhibit No. 62.
Mr. Beyer requested it be entered into the record that Columbia Asphalt
does not agree with the staff's conclusion that this project calls for an
expansion of mining; they believe there is no extension of a non-
conforming use. Mr. Carmody, attorney representing the Willow Lake
homeowners, commented that the application being considered contains a
request for expansion of a non - conforming use. Mr. Beyer explained this
was because his clients were required to submit the application in that
format. Mr. Austin was asked to make a clarification concerning this.
He stated Mr. Beyer's explanation was correct because the City and County
does consider this an expansion of a non - conforming use. The
interpretation of "expansion" was discussed. The panel asked what amount
of mining was allowed under the grandfather clause. Mr. Durant answered
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that amount was 100,000 yards „ 20,000 per,year for five years. There
was an attachment for 500000'yards or 5 0,000 per year for ten years.
Jean Allard, a professional appraiser, expressed his opinion on the cement
and asphalt plant being an adverse effect on the value of the Lake Aspen
property; his opinion was that it would not. He stated the noise of the
freeway traffic would be much greater than the noise from the mining
operation which is approximately 3,000 feet away from the housing complex.
Councilmember Semon asked about the letter written from Yakima Federal
saying they would not loan money on the area if the permit goes through.
Mr. Allard had no answer for this.
Phillip Small, an environmental consultant, stated he viewed the water
site, which had a sheen on the water, shown in photographs (Exhibit No.
54). He stated the sheen was not consistent with a petroleum spill, but
rather with a bacterial activity in slow wetland conditions and limited to
those areas. He stated.they looked for pollution in the pit itself and
found none. Mr. Flower referred to Exhibit No. 61, which show recycled
asphalt and asked if he saw this. Mr. Small said he concentrated his
effort to the water and the water's edge.
Todd Smith, a Lake Aspen Village resident, presented a letter from
Sedgwick James (Exhibit No. 65) and more petitions (Exhibit No. 66)
against the permit. He entered a letter from State Representative Betty
Edmondson which showed concern for the lending institutions not loaning
money for the area (Exhibit No. 67). Mr. Beyer pointed out the letter
needed to be read very carefully since it stated "if there are
environmental concerns" the loans would be put on hold. Mr. Beyer stated
he spoke to Mr. Binder, the author of the other letter (Exhibit No. 52)
and Mr. Binder expressed the same requirements and also said they are
still making loans in the area.
George Garcia, an employee of Columbia Asphalt, discussed his job as a
crusher operator. He stated the company has always been very
conscientious about the environment.. He told about the large wildlife
population that is in the area of' the Parker gravel pit.
Phil Wachsmith, son of the owner of the property, stated Columbia has done
an excellent job and asked the panel to give their approval to Columbia to
complete their mining operations.
Glen Quick stated he has been a neighbor to the mining operation in Parker
for fifteen years. He said they have always been courteous and
considerate neighbors. He said in the beginning the area was dusty, but
Columbia oiled the road.
David LaRivera asked the panel to consider all of the valley and the
results of a loss of business. He pondered the possibility of all parties
being able to resolve their differences. Considering the limited duration
of the operation, he feels they should be allowed to complete it.
Tom McCabe observed the reality of the lakes not even being present if the
gravel operation wasn't present. He stated he lives in the area by the
airport, and part of the reality of living close to an airport is the
noise involved. He feels when a person buys property within an industrial
area, they should be tolerant of it.
Grace Clark, 1030 Young Grade, commented she lived all her childhood in
the area of the present site of Columbia Asphalt. She expressed her shock
at the opinions and hearsay and the attack on the integrity and personal
character of those involved in the gravel mining operation. She recalled
incidents in last week's meeting of rudeness from the audience
representing the Lake area residents. She does not feel a majority of the
homeowners have responded. She reasoned the gravel pit has been there for
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MAY 4, 1992 - ADJOURNED MEETING
many years prior to the residents in the lake area, and they should be
willing to reside alongside the already existing businesses.
Martin Bryant, a Columbia Asphalt employee, spoke in favor of the business
being allowed to continue. He stated they have always been good neighbors
and good employers. He expressed his concern for his job.
Mark Needham, an employee of Mobile Fleet Service, expressed his concern
for Columbia Asphalt being able to continue their operation. He stated he
checked the noise level of Superior and Central Premix from Sarg Hubbard
Park. He said this noise level is very minor when you are much less the
distance than Columbia is from the lake homes. He declared there is more
dust from the gravel mining than from a concrete and gravel plant. He
expressed his respect for Columbia Asphalt and the Sali family and the
interest they have in their community.
Cathy Lenard, 3803 Ahtanum, an employee of Columbia Asphalt, expressed her
views for the mining operation. She said Myron Lake has been dead for
years with no help from Columbia Asphalt. She asked the panel for the
opportunity for the operation to continue.
Joe Andreotti, an engineer and surveyor, spoke concerning Exhibit 40. He
discussed the weight of gravel rock and his method of calculating his
traffic estimates. He used 50,000 yards of gravel annually and
calculated over 180 working days and that 30 loads, or 60 trips a day
would be required. He discussed other possibilities of loads and daily
trips. In answer to Mr. Flower's question he said he has measured the
legal description and the DNR permit and came up with a larger mining area
than the permit allows. He stated the road is very good in the area, and
he feels it would hold up under the extra travel of the mining operation.
Larry Sali, President of Columbia Asphalt and Gravel, was questioned by
Mr. Beyer concerning Mr. Andreotti's calculations for truck traffic in the
area of the facility. Mr. Sali stated the greatest difference in the
calculation was the total work days. Mr. Andreotti used 180 work days
annually, with a conversion factor of 1.75 for crushed aggregate, whereas
Mr. Sali's used 1.52, and 265 work days. There was also a difference in
the size of truck loads. These calculations make a big difference in
total between Mr. Andreotti's estimate of 60 trips a day and Mr. Sali's
28.6. Mr. Flower questioned the difference in the days per year in the
application. Mr. Sali stated his brother Len would be better able to
answer any questions concerning the application; however, he said he is
able to deliver gravel to anyone in town 365 days a year.
Commissioner Deccio called for a recess at 8:40 P.M. The hearing
reconvened at 9:01 P.M.
Attorney Scott Beyer remarked that at the last meeting a question was
asked concerning the ownership of Columbia Asphalt. Mr. Beyer stated the
Sali's are prepared to take over the ownership of the property as soon as
the documents are prepared. Mr. Deccio said his understanding was that
the purchase of the property was based upon the outcome of the hearing.
Mr. Beyer replied that the Sali's are purchasing the property; the price
will be negotiable. Mr. Carmody stated he has received a copy of the
lease and no other document. He requested any informational material
regarding a sale be made available. The hardship to the applicant versus
the impact on the public was discussed by the attorneys and panel. The
lease agreement (Exhibit No. 70) and a letter from the Department of
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MAY 4, 1992,7 ADJOURNED,MEETING
Wildlife to Tom Durant (Exhibit No. 69) were entered into the record.
Mr. Beyer presented copies of the map of the mining area (Exhibit No. 59)
and the original surface mining permit for 1971 (Exhibit No. 72). Tom
Durant, County Planning, identified the area which was mined originally.
Mr. Beyer's contention was that since the original mining site had been
scaled down from 100 acres to 20 acres, this is not an expansion at all,
but only a matter of using area that was originally mined. Mr. Beyer
cited expert opinions from Mr. Hancock and Mr. Lingley of D & R. The 100
acres was reduced to 20 acres as a result of the Interstate Highway going
through the property. Mr. Durant was asked to mark the area on the map
where the dike formerly was and the part of the lake which was underwater
before Columbia constructed the new dike a year ago. Mr. Wachsmith stated
Columbia simply replaced the dike, adding nothing new. Mr. Tollefson
stated the panel was willing to listen to the various attorney's legal
opinions; however, the final decision would have to rest with the panel
and their legal counsel.
Leonard Sali, President of Columbia Redi Mix, a subsidiary of Columbia
Asphalt, stated his understanding for the feelings of the homeowners. He
stated Columbia Asphalt is willing to put restrictions on themselves and
wants to be good neighbors. He presented pictures (Exhibit No. 80) of the
proposed operation of the concrete and asphalt plant and explained it is
the best available modern technology. He said the noisiest piece of
machinery is the crusher which is already in operation in the mining area.
He referred to maps of the proposed area of the concrete and asphalt
plant, which would be the longest distance possible away from the housing
area. He discussed the feasibility of mining the area out and then
reclaiming the area. He stated they have a great interest in the
property, have cleaned upthe area, and are interested in the way it will
look afterwards. He stated they have no opposition from adjoining
property owners. He read the definition of mining from the Shoreline
Management Act, "the removal :and.pro_cessing of natural occurring material
from the earth for economic use3 -° = Forthe purpose of this definition
processing shall include screening, crushing, stockpiling, asphalt mixing
operation and concrete batching operations all utilizing material removed
from the site in which the processing activity is located ". Mr. Sali
emphasized if they cannot get a permit to put the processing equipment in
the gravel pit, there is no way they can do their job. He asked for
understanding from the panel for their business operation for the next
five years. In answer to City Manager Zais's question, Mr. Sali said it
would not be economically viable to only have the gravel mining because of
market' pressure. Mr. Carmody questioned Mr. Sali concerning possible
spill of hazardous materials and if they would be held within the pit
site. Mr. Sali answered in the affirmative. Mr. Flower questioned
Mr. Sali concerning Exhibit No. 61, regarding the stockpiling of asphalt
on the site, which they were asked to remove. Mr. Sali commented that
they have applied for a permit from the County to keep the material on
site. Mr. Flower also asked about the dike which was built in 1991 and
about the material which was used. Mr. Sali stated the material was
"overburden," which is material that naturally appears on site, consisting
of material with too much soil in it to crush. The work was. done on the
week -end because of the availability of the machines. The construction
was not designed by an engineer nor was one present at the construction.
Mr. Deccio asked Mr. Sali if Columbia would be willing to accept any
conditions other than operating with the expansion. Mr. Sali answered
they would need to have either the asphalt or the concrete plant and they
need to be able to process some of the material on site. Mr. Sali
attempted to explain the cost of handling the material and the labor
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MAY 4, 1992 - ADJOURNED MEETING
involved. Mr. Flower requested Exhibits Nos. 28 -40, & 49 & 61, also 82 -85
be entered into the record.
Jerry Groenig, 2300 River Road, read a statement discussing the original
development of 110 acres, including Willow Lake and Lake Aspen. He
expressed his opinion that the application does have a significant impact
1 on the area residents. He believes the mining operation caused Willow
Lake to be lowered 12 to 15 inches. He said he has also observed an oily
substance on the Lake, which he believes comes from materials used to
build the dike. He feels the operation of the mining devalues his
property. He said the other light industrial businesses around them does
not affect them. He stated the concrete and asphalt would be considered
heavy industry and they do object to it. The changes in zoning and
possible denial of financing of local lending institutions was discussed
by Mr. Groenig and the panel.
At 11:50 P.M., it was MOVED BY SEMON, SECONDED BY SIMS, TO RECESS TO
EXECUTIVE SESSION TO SEE IF A CONSENSUS ON A DECISION COULD BE REACHED
TONIGHT. The motion carried by unanimous voice vote, Beauchamp and
Buchanan absent.
The meeting reconvened at 12:06 A.M. It was MOVED BY KLARICH, SECONDED BY
TOLLEFSON, TO APPROVE THE GRAVEL MINING PORTION OF THE OPERATION,
INCLUDING THE EXPANSION, AND DENY THE ASPHALT AND CEMENT PLANT; TO
INSTRUCT THE LEGAL DEPARTMENT TO WORK WITH THE PANEL AND PUT TOGETHER THE
FINDINGS OF FACT WHICH WILL BE AVAILABLE IN ONE WEEK, INCLUDING THE
MITIGATING FACTORS, TO MAKE THE SITE COMPATIBLE. Deccio concurred and the
motion carried. It was then MOVED BY SEMON, SECONDED BY BRADO, TO APPROVE
THE EXPANSION OF THE GRAVEL MINING OPERATION ONLY AND THE CONDITIONS TO
THE EXPANSION TO COME AT A LATER DATE. The motion carried by 3 -2 roll
call vote. Barnett voting nay, not because he was against the expansion;
he was for the inclusion of the asphalt and concrete plants. Sims voting
nay for the same reasons; Beauchamp and Buchanan absent.
The meeting was adjourned at 12:12 A M. May 5, 992. Ilk
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READ AND CERTIFIED ACCURATE BY: , 1 , I Ci1 lik / L I ' !
COU ` -4 h� :ER DATE
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• N i ,: R / DATE
ATTEST: 4.4idi--
CITY CLERK MAYOR
Minutes prepared by Clerk Harris
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