HomeMy WebLinkAboutSpecial Council for July 12 1984SPECIAL COUNCIU MEETING
Minutes - July 12, 1984
The Special Council Meeting was called to order at 7:44 p.m.
Chairperson Cole with all members present except Hansey, who was
excused.
Chairperson Cole stated the reason for this Special Council
Meeting is to receive and discuss the Department of Ecology's decision
to deny the permits that were granted by the Whatcom County Council
to Kiewit Construction Company on May 17, 1984, which involves a
proposed development at Cherry Point. Chairperson Cole stated that
this meeting is not a public hearing, but merely an exchange of
information between staff and Council.
Bruce Disend, Deputy Prosecuting Attorney, referred to his
memorandum to the Council, dated July 10, 1984. In his memorandum,
Mr. Disend outlines the Council's options, in light of the State's
decision to deny the permits, as follows:
1. Council may appeal the Department of Ecology's decision to
deny to the Shorelines Hearing Board within 30 days from
July 9, 1984.
2. If the Council does not appeal the denial of the conditional
use permit, then the Kiewit project becomes a "dead issue."
Mr. Disend answered questions regarding the appeal process posed
by Councilmembers.
Dave Shelso, Project Engineer for the Kiewit Construction
Company, stated that he would be meeting with the officials of the
Kiewit Construction Company on July 13, 1984. The Company will let
him know whether or not it plans to proceed with the appeal process.
In response to Chairperson Cole's question, Mr. Shelso stated
that he understands that if Peter Kiewit and Sons Construction Company
proceeds with the appeal, it would carry the major responsibility for
preparing and ligitating the appeal process.
Mr. Shelso answered questions posed to him by Councilmembers.
Johnson introduced a resolution, with no title, proposed by
Hawley and himself, as follows:
"WHEREAS, Whatcom County is interested in the rationale and
well - planned economic development, and
WHEREAS, the Peter Kiewit Construction Company offers a unique
and logical proposal for a heavy industry area, and
WHEREAS, the Whatcom County Council granted permits on
May 17, 1984 with adequate environmental and social controls, and
WHEREAS, the State agencies have opposed both permits,
.!pecial Council Minutes
July 12, 1984
Page 2
NOW THEREFORE BE IT RESOLVED that the Whatcom County Council and
the Prosecuting Attorney shall, on behalf of Whatcom County,
join with the Peter Kiewit and Sons Construction Company in
litigating the Department of Ecology's actions in the matter of
the permits granted to Peter Kiewit and Sons on May 17, 1984 by
this Council. Provided that Peter Kiewit carry the principal
burden of litigation."
Johnson spoke in support of his proposed resolution.
The resolution was adopted by a 5 -1 (Muenscher) vote.
Chairperson Cole stated, for the record, that Councilmember
Hansey submitted a memorandum, dated July 11, 1984, which indicates
his support in appealing the State's denial of the permits.
Meeting adjourned at 8:37 p.m.
WHATCOM COUNTY COUNCIL
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