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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 259 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 260 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 3 261 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 4 262 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 9 READ AND CERTIFIED ACCURATE BY: , 1 , I Ci1 lik / L I ' ! COU ` -4 h� :ER DATE i � � 1 i • N i ,: R / DATE ATTEST: 4.4idi-- CITY CLERK MAYOR Minutes prepared by Clerk Harris 5