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HomeMy WebLinkAboutMin 08-14-92327 CITY OF UKIAH CITY COUNCIL MINUTES Regular Adjourned Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue August 14, 1992 Th~ City Council convened in a regular adjourned meeting at 6:30 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue. Roll was taken and the following Co~ncilmembers were present: Malone, McMichael, Wattenburger, Shoemaker,' and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, Community Development Director Harris, City Engineer Beard, Principal Planner Sawyer, and City Attorney Rapport. 2. Riqht to Appeal Decision Mayor Schneiter reviewed Section 1092.06 of the California Code of Civil Procedures regarding the appeal process. 3. Audience Comments on Non-Agenda Items No one came forward. PUBLIC HEARING a. Certification of the Final Environmental Impact Report for Planned Development Amendment Application No. 90-77 (as amended) and Site Development Permit Application No. 90-87 (as amended), as filed by the Redwood Business Park and Wal-Mart Stores, Inc., respectively, under the California Environmental Quality Act. · b. Planned Development A~endment Application No. 90-77 (as amended), as filed by Redwood Business Park, to allow commercial retail uses in the "Highway Oriented Commercial" area (bounded by Talmaqe Road, U.S. Highway 101, Commerce Drive, and Airport Park Boulevard) of the Airport Industrial Park Planned Development. c. Site Development Permit Application No. 90-87 (as amended), as filed by Wal-Mart Stores, Inc., to construct a 93,792 square foot (with a potential 30,000 square foot expansion) Wal-Mart Store including 740 off-street parking spaces, on-site vehicular circulation and ingress/egress driveways, loadinq docks, perimeter and interior landscaping, and on-site siqning. Subject site is located on the 14+ acres at the southeast corner of Airport Park Boulevard and Talmage Road, within the Airport Industrial Park, 1155 Airport Park Boulevard, Assessor's Parcel Nos. 180-070-23, 34, and 35, zoned P.D., Planned Development District. The City Manager submitted to Council amended material addressing some of the expressed concerns of Council. CoUncil discussed with the City Attorney, legal procedures and process involved in Certification of the Environmental Impact Report (EIR). M/S McMichael/Wattenburger after reading the Draft EIR and the Final EIR, listening to public comment and staff, it is therefore determined that the Final Environmental Impact Report is adequate and complete, provides the information and raises the questions and issues from the public necessary to make an adequate decision on this project, and to adopt Resolution No. 93-16 certifying the Final EIR for Airport Industrial Park Planned Development Amendment No. 90-77 and Wal-Mart Site Development Permit No. 90-87 as adequate and complete. Discussion ensued regarding CEQA requirements and the legal process. 328 Mayor Schneiter called for the question. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Council then proceeded to discuss their concerns regarding this project pertaining to general plan consistency, zoning history, downtown impact, retail use, commercial use, highway oriented designation, future uses in the Redwood Business Park, and the economic reports. Recess - 7:55 p.m. Reconvened - 8:04 p.m. Council continued their discussion regarding this project and the proposed amendment to land use. M/S Wattenburger/McMichael to adopt the Resolution making findings pursuant to the Public Resources Code Section 21081 and California Environmental Quality Act ("CEQA") guidelines section 15091 in connection with the approval of the amendment to the Airport Industrial Park Planned Development Applicaiton No. 90-77, Redwood Business Park and Site Development Permit application No. 90-87 submitted by Wal-Mart Stores, Inc. Discussion ensued regarding how to address the mitigation issues and possible wording, if this motion passes. The City Attorney advised Council regarding procedures. The maker of the motion withdrew his motion with the · approval of the second. M/~ Wattenburger/McMichael for the Council to review the draft document tq develop wording in a Resolution that can be adopted. The motion Was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, and Wattenburger. NOES: Councilmember Shoemaker and Mayor Schneiter. Council started their page by page review of the proposed conditions contained in the draft Resolution, starting on Page 89 in the staff report and the revised and enhanced mitigation measures as provided by staff, dated August 14, 1992. It was the consensus of Council to approve the proposed wording in condition No. 1., pertaining to traffic. It was the consensus of Council to add the August 14, 1992 mitigation wording listed as Traffic No. 2, to the original proposed staff mitigation wording listed as Traffic No. 2, on page 89 of the staff report. It~was the consensus of Council to approve the mitigation wording as proposed by staff in traffic condition No. 3. Re~ess - 9:31 p.m. Reconvened - 9:43 p.m. Council proceeded to conduct their item by item review and discussion of the proposed mitigation conditions of approval for the Wal-Mart Site development permit No. 90-87. It was the consensus of Council to add the additional wording to the mitigation wording proposed by staff on page 89 to traffic No. 4, as follows; line 2, omit "Redwood Business Park" and replace with "applicants", to last line, after the word "Store" add "or at such time as all required permits and approvals are issued, whichever occurs last. Applicants shall enter agreements with the City, to implement this condition prior to adoption of Ordinance amending the Redwood Business Park." Reg. Adj. Mtg. August 14, 1992 Page 2 329 It was the consensus of Council to approve the mitigation wording as proposed on page 89 and 90 of the staff report for traffic conditions No. 5 and 6. Councilmember McMichael stated that as this proposed structure is very large and located adjacent to the entry to our City, he has continually expressed his objection to looking at 2 1/2 acres of flat roof from the freeway or the ovgrcrossings, and desires the review by the Redevelopment Architect, in which some roofing treatment be designed to alleviate seeing a 2 1/2 acre flat roof. It was the consensus of Council to omit the proposed wording in the August 12, 1992 staff report on Page 90, for Visual No. 7, and replace with the alternate wording proposed in the August 14, 1992 staff memorandum. Councilmember Shoemaker left the meeting at 10:20 p.m. Councilmember Shoemaker returned to the meeting at 10:25 p.m. It was the consensus of Council to approve the proposed wording to Visual Condition No. 8, as noted on page 90 of the August 12, 1992, staff report, and add the following additional wording; "The shade trees provided in the parking lot, 1 tree planted for every 4 parking spaces, shall be a 15 gallon size, and be of sufficient size in trunk diameter, height, and canopy diameter to provide substantial shading of the parking area at the time the store opens to public use." It'~was the consensus of Council to approve Condition No. 9 wording proposed on page 90 of the August 12, 1992 staff report, with the following clarification on line 1, after th~ word "Signs" add "on the building," and with the following addition; "All other signs subject to normal City approval procedures." It was the consensus of Council to approve the visual airport safety condition no. 10, as noted in the August 12, 1992 staff report Page 90, with the following additional wording; "The lighting plan should be designed to be effective, taking the landscaping into consideration." It was the consensus of Council to approve the proposed wording in the August 12, 1992 staff report, Conditions No. 11 through 18. Mayor Schneiter reiterated his desire to have the applicant strictly adhere to Condition No. 15. It was the consensus of Council to strike the wording proposed in the August 12, 1992 staff report, page 91, for air quality traffic condition No. 19, replace it with the wording proposed in the August 14, 1992 staff memorandum for Air Quality Condition No. 1, and include wording; "Wal-Mart shall commit to participating in exploring the feasibility of operating a jitney or shuttle service from the downtown area, and other established retail shopping areas, to Wal-Mart, o~ which the details shall be evaluated by Wal-Mart the City, other agencies and involved merchants." ' It was the consensus of Council to approve the wording proposed in the August 12, 1992 staff report regarding Air Quality/Traffic Condition No. 20, with the additional wording; "Street trees added by applicant, to be maintained by City, and are not to impact Airport Clear space." It was the consensus of Council to add the additional wording to Traffic Condition No. 2, as follows; "Every attempt to preserve the large Oak trees, when designing the road widening projects. Reg. Adj. Mtg. August 14, 1992 Page 3 330 It was the consensus of Council to omit the proposed wording in the August 12, 1992 staff report on Page 91, for Air quality/traffic condition No. 21, and approve the replacement wording as noted in the August 14, 1992 staff report air quality condition No. 2, with the following additional wording; "Wal-Mart shall file a report with the City that indicates what they have accomplished.,, It was the consensus of Council to approve Traffic condition No'~ 22, as noted in the August 12, 1992 staff report, Page 91. It 'was the consensus of Council to approve the wording as noted in the August 12,. 1992 staff report visual quality condition No. 23, with the additional wording "Redwood trees" added after the word "coffeeberry,, in line 4. It was the consensus of Council to approve the wording as noted in the August 12, 1992 staff report, Page 91, for noise and short term Conditions No. 23, 24, and 25. It was the consensus of Council to approve the wording noted in the August 12, 1992 staff report, Page 91 for public service solid waste Condition No. 27, with the following additional wording; "Wal-Mart shall provide information to the City regarding their greenstore program, and to consider the Ukiah Wal-Mart store for a pilot program." It was the consensus of Council to approve the archaeology condition No. 28, as noted in the August 12, 1992 staff report, Page 91. It,~ was the consensus of Council to approve the traffic condition No. 29 with the recommended replacement wording contained in the August 14, 1992, staff memorandum listed as No.. 1 under traffic, with the additional wording; "If warranted by traffic monitoring studies, in the opinion of the City Engineer, and ~ith adequate notice to affected residents of the neighborhood, the City shall install landscaped traffic diversion measures on Lorraine and Marlene Streets. The City Engineer's recommended changes on Talmage frontage Road/Betty Street are to be constructed with the widening of Talmage Road." It was the consensus of Council to approve wording as noted in the August 12, 1992 staff report on Page 92, for Public Service Conditions No. 30 and 31. It was the consensus of Council to approve the wording for Public Service Condition No. 32 as noted in the August 12, 1992 staff report, Page 92, with the following additional wording: line one, after the word "using" add the word "automated". It was the consensus of Council to approve the wording as noted in the August 12, 1992 staff report, Page 92, re~arding Public Service Conditions No. 33. It was the consensus of Council to add wording as noted in the' August 14, 1992 staff memorandum, for Air Quality (Cumulative) Condition No~ 34 with the suggested mitigation monitoring program for this condition. Mayor Schneiter stated he would like Wal-Mart to commit to provide local jobs to local people, in addition to hiring developmentally and/or physically handicapped people wherever possible. ' Myrna Oglesby, Wal-Mart Attorney, stated that Wal-Mart has given a verbal commitment that this is what they will do. Recess - 11:41 p.m. Reconvened 11:54 p.m. Reg. Adj. Mtg. August 14, 1992 Page 4 331 It was the consensus of Council to add an Economic Condition No. 35, stating that Wal-Mart shall conduct at least two seminars for local businesses describing its business practices, marketing techniques, and other matters of interest, prior to opening it's store. Councilmember Shoemaker questioned Council if they desire to take action on Mr. Faulkner' s recommendations to require Wal-Mart to install vapor recovery systems. Counci lmembers McMichael, Wattenburger, Malone and Mayor Schneiter answered in the negative. Co~ncilmember Shoemaker questioned Council if they desire to take action on RedwoodLegal Assistance's recommendation to require Wal-Mart to provide $500,000 towards low and moderate housing. Councilmembers Malone, McMichael, Wattenburger Mayor Schneiter answered in the negative. and Discussion ensued regarding process and procedures. M/S Wattenburger/McMichael to adopt Resolution No. 93-17 making findings pursuant to Public Resources Code Section 21081 and California Environmental Quality Act (CEQA) Guidelines for Ordinance No. 92-9 amending Airport Development Industrial Park Planned DevelopmentApplication No. 90-77, and Site Development Permit Application No. 90-87 submitted by Wal-Mart Stores, Inc, with Exhibit "B" as modified and amended by Council. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger and Mayor Schneiter. NoEs: Councilmember Shoemaker. Councilmember Shoemaker stated that his opposition has nothing to do with the employees of Wal-Mart or their representatives, it is only his viewpoint about what the Airport Industrial Park Planned Development should be. M/S Malone/Wattenburger to adopt Resolution No. 93-18, declaring approval of Airport Industrial Park Planned Development amendment consistent with Airport Land Use Commission Law. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, and Mayor Schneiter. NOES: Councilmember Shoemaker. M/S Wattenburger/McMichael to introduce the Ordinance, Amending the Airport Industrial Park Planned Development, by reading the title only for the first reading. The motion was carried by a majority voice vote of AYE with Councilmember Shoemaker voting NOE. The City Clerk read the title only of the proposed Ordinance. M/S McMichael/Wattenburger to introduce the Ordinance Amending the Airport Industrial Park Planned Development. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael,Wattenburger, and Mayor Schneiter. NOES:. Councilmember Shoemaker. The City Attorney advised Council of additional conditional wording to be included in the Ordinance. M/S Wattenburger/McMichael to reconsider the previous motion. The motion was carried by a unanimous voice vote of all AYE. M/S Wattenburger/McMichael to introduce the Ordinance subject to the amended conditions of approval No. 4, 14, 15, and 16 in Exhibit "A". The motion was approved by the following roll call vote; AYES: Councilmembers Malone, McMichael, Wattenburger and Mayor Schneiter. NOES: Councilmember Shoemaker. Reg. Adj. Mtg. August 14, 1992 Page 5 332 M/S McMichael/Wattenburger to adopt Resolution No. 93-19, approving Site Development Permit Application No. 90-87, to include the modifications made by Council to Exhibit "A". The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger and Mayor Schneiter. NOES: Councilmember Shoemaker. M/S McMichael/Wattenburger to adopt Resolution No. 93r20, establishing mitigation monitoring program for Airport Industrial Park Planned Development Amendment and Wal-Mart Store Site Development Permit, to include the traffic monitoring amendment and air quality condition no. · 34, as proposed by the City Attorney, and all elements of monitoring that would be'needed for the modifications made to the Site Development Permit, as per CEQA. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ADJOURNMENT There being no further business,/ the meeting was adjourned at 12:41 a.m. / CCMIN. 108 /~. Ca~y Mc~y CMC/~~, City Clerk Reg. Adj. Mtg. August 14, 1992 Page 6