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HomeMy WebLinkAboutSpecial Council for May 17 1984SPECIAL COUNCIL MEETING PUBLIC HEARING Minutes - May 17, 1984 The Special Council Meeting was called to order at 6:40 p.m. by Chairperson Cole with all members present, except Roehl, who was excused. Chairperson Cole stated the purpose of this special council meeting is to review the Hearing Examiner's proposed decision regarding the application for Major Development and Shoreline Substantial Development and Conditional Use Permits for the Kiewit Construction Company and suggested amendments by Councilmembers. Chairperson Cole stated that those wishing to offer testi- mony should address their comments to the Hearing Examiner's pro- posed decision or the Councilmembers' amendments to the decision. Chairperson Cole stated that all written correspondence re- ceived thus far will be made part of the record. The Public Hearing was declared open. The following testimony was received: Dennis Braddock Congratulated Council on their State Representative thorough review of this project. 42nd District Offered his help in coordinating the project with the state, if approved.' Mike Brennan Urged Council to vote in favor of Chamber of Commerce the project. 1111 Cornwall Avenue Bellingham, WA Rodney Staples 806 Marine Drive Bellingham, WA Lloyd Halladay 3037 Alderwood Bellingham, WA Lloyd Austin 1838 Lakeside Bellingham, WA Spoke in favor of the Kiewit pro- ject and urged positive considera- tion from the Council: Spoke regarding the local hire issue as it may pertain to any laws regarding discrimination. Questioned the enforcement of the local hire condition in future years. Special Council Meeting May 17, 1984 Page 2 Bill James Spoke regarding the re- establishment 1510 Iron Street of herring spawning sites destroyed Bellingham, WA by the project. Questioned if the sites could be re-established.success- fully..Also spoke on zoning ordinances and coastal zoning ordinances, local hire stipulation, loss of agricul- tural soil. Bert Weber Spoke in support of an environmental 723 - 14th Street protection plan to-enforce Bellingham, WA the conditions imposed upon the-pro- ject. Also spoke regarding the mitigation plans for protecting the herring spawning grounds, and also on site restoration. Ann Dold Spoke regarding the loss of the WWU, Geology herring spawning grounds and stated Bellingham, WA that the project would not be in the public's best interest. Fred Burton Spoke in favor of the Council 4000 Flynn approving the project. Bellingham, WA Clara Wieland Spoke regarding the loss of herring 4041 Tarte Road spawning grounds, the dredging Ferndale, WA condition and also stated that the soil should not be termed agricultural. Spoke in favor of the project. Richard Poole Stated that if the herring spawning 1937 Seacrest grounds are lost, they will re- estab- Lummi Island, WA lish themselves. Norman Townsend Supported the public access to the 901 N. Forest beach condition and questioned access Bellingham, WA to the beach by private property owners of the area. Bob Imhoff Felt that the "prime" farmland.. 2228 Slater Road designation for the site was in Ferndale, WA error. Also spoke regarding the loss herring spawning grounds, felt they could be re- established elsewhere. J Special Council Meeting May 17, 1984 Page 3 Ken Bridges 4016 Toad Lake Road Ferndale, WA Gene McKeen 1117 Franklin Bellingham, WA Al Weivoda Building Trades Bellingham, WA Urged the Council to make a decision whether to grant the permits needed for this project. Stated he felt that the dredging needed for this project will hurt the fish in that area. Spoke in favor of allowing Kiewit, business community, unemployed and fishermen a chance. Hilda Bajema Questioned if some of the issues, 151 W. Hemmi Rd. i.e., the marshy area, herring, Bellingham, WA water quality were adequately dealt with. Questioned the moni- toring of compliance with the conditions set forth. Being that no further testimony was received, Chairperson Cole invited Mr. Dave Shelso, Project Engineer for Kiewit Construc- tion Company to make .. closing statements. Mr. Shelso commended the Council on its exhaustive review of the project. He stated that there were no objections to most of the proposed amendments of Council members. ;A memorandum-. from Philip A. Serka,- Attorney for the applicant, dated May 16, 1984, addressestheir concern with the dredging issue.(Hearing Examiner proposed condition No. 16).and states that it is imperative that this condition be revised. '(The memorandum sets forth the appli- cant's positions on the amendments:) Donovan Kehrer, Deputy Administrator for Buildings and Code Administration, stated that he had no objection to the proposed amendments submitted by Mr. Serka in his memorandum, dated 5- 16 -84. Per Becker's question, Mr. Serka stated that the Kiewit Con- - struction Company aecepts the'po'rposed amendments to the conditions and the remaining conditions, with the exception of the items raised by the applicant. Following a recess, Chairperson Cole altered the agenda so that an item that was scheduled to be heard at 7:30 p.m. could be heard at this time. PRESENTATION BY NORTHWEST SENIOR SERVICES BOARD Reverend Marvin Johnson presented a letter and a certificate of appreciation to Councilmember C. J. "Corky" Johnson for his many years of service on the Northwest Senior Services Advisory Board. Special Council Meeting May 17, 1984 Page 4 KIEWIT (CONTINUED) Chairperson Cole stated that the corrections mentioned in the Hearing Examiner's memorandum, dated May 15, 1984, will be incorporated into the drafts. The amendments proposed by Becker an&Cole were before the Council for consideration. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #1, as follows: "1. The Whatcom County Council hereby adopts the Application Summary (Section I), Procedural Information (Section II), Findings of Fact (Section V), and Conclusions of Law (Section VI) as the basis of the Council's decision and hereby adopts the Recommended Decision (Section VIII), proposed by the Hearing Examiner in his recmmendation of April 3, 1984 as the Council's decision with the following modifications, which the Chair shall incor- porate into the final decision." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #2, as follows: 112. The Hearing Examiner's "Addendum to Kiewit Recom- mendation" dated April 12, 1984 is hereby adopted." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #3, as follows: "3. The Hearing Examiner's "Revised Conditions to Kiewit Recommendation" dated April 17, 1984 are hereby adopted, with the exception of the following: -The first paragraph of Condition #3 shall read: "Certain studies, plans, and approvals set forth herein require information beyond the normal scope of county experience and /or affect subject areas under the concurrent jurisdiction of state and federal agencies. Nonetheless, the Bureau of Buildings and Code Adminis- tration, with the assistance of the Whatcom County Technical Committee, is charged with responsibility for general oversight, expedition, coordination, and faci- litation of governmental activities pertaining to this project. Responsibility for administering any conditions , Special Council Meeting May 17, 1984 Page 5 for which no specific assignment of review authority is made herein shall lie with the Bureau of Buildings and Code Administration. In addition, the Bureau (with the assistance of the Whatcom County Technical Committee) is assigned the following permit review activities and is directed to consult and coordinate with other affected agencies in their implementation." Motion carried. Chairperson Cole reported that a statement had been received from the Kiewit Construction Company which tt&tes their accept- ance of Amendments 1 -18. BECKER MOVED IUR :TRE ADOPTION OF AMENDMENT #4, as follows: 114. The Council finds that the Hearing Examiner's assump- tions regarding the Council's views on economics vs. environment are speculative. The Council's policies, through official enactments, speak for themselves. (See, for example, Resolution No. 82 -31). Further, the Council finds this project to be the type of shore- dependent industrial development favored by the state Shorelines Management Act. (RCW 90.58). Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #5, as follows: "5. The Council finds the Final Environmental Impact State- ment to be fully sufficient." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #6, as follows: 116. Public hearings were held on this project before the Hearing Examiner and the Council. The Council finds that the public has been provided with adequate opportunity to offer comment on the Environmental Impact Statement and the proposed decision. Motion carried. Special Council Meeting May 17, 1984 Page 6 BECKER MOVED FOR THE ADOPTION OF AMENDMENT #7, as follows: "7. Findings of Fact #4 is modified to strike the word "prime" from subsection a) thereof." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #8, as follows: 118. The Council is aware of the biological impact analysis in the Hearing Examiner Findings of Fact #23 and recognizes the biological importance of the Cherry Point -Lake Terrell area. The Council has carefully considered the biological impacts and finds that, with appropriate conditions as mandated in its decision, includ- ing limitations on dredging and drainage, such impacts be minimized so as to protect this habitat from major disruption." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #9, as follows: 119. The Council is aware of the economic and market analysis presented in Hearing Examiner Findings of Fact #35 and recognizes that the pessimistic scenarios presented therein are possible, if not likely. The Council finds that, with appropriate conditions as mani- fested in its decisions, including provisions regarding road agreements, abandonment, and site restoration, the-County'is protected from worst -case economic impacts, while being in a position to receive the considerable economic benefits that will result from the project's operation if economically successful." Motion carried. BECKER MOVED FOR THE AODPTION OF AMENDMENT #10, as follows: "10. Findings of Fact #43 is modified to strike everything after the first sentence." Motion carried. Special Council Meeting May 17, 1984 Page 7 BECKER MOVED FOR THE ADOPTION OF AMENDMENT #11, as follows: "11. Conclusion of Law #15 is modified to read as follows: "The project balances a degree of environmental risk against the prospect of substantial economic benefits. The County Council finds that the environmental risks are manageable (with certain conditions), that the project is in the public interest." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #12, as follows: "12. Condition #20 is modified to add the following words in the first sentence after "areas" and before "to:" "upon abandonment" Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #13, as follows: "13. Condition #20 is further modified to add the following sentence after the first sentence: "The plan shall also make legal provision for continuing and perpetual public access to the beach." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #14, as follows: "14. Condition #20 is further modified to add the following new paragraph at the end: "Abandonment is defined as cessation of the activity not clearly set forth in the applicant's plan of opera- tion or by any other siffucient written notice, extend- ing for more than five (5) consecutive years or when, by reasons of examination of the permises or by any other means, it becomes the opinion of the Bureau of Buildings and Code Administration that the operation has in fact been abandoned and that a good faith effort is not being made to continue operation evidenced by either offsite activity or onsite activity." Motion carried. Special Council Meeting May 17, 1984 Page 8 BECKER MOVED FOR THE ADOPTION OF AMENDMENT #15, as follows: "15. A new general condition of continued use is adopted, which reads: "The applicant shall develop, implement, and maintain in continuous operation a program to encourage and /or require its employees to utilize public transportation (if available) and other forms of shared or pooled transportation. The program shall contain realistic and measurable goals to assess the program's effective- ness. In development the program, the applicant should seek the advise and cooperation of public transportation and transportation planning officials serving the area, and other major industries at Cherry Point in order to foster corrdination and effectiveness. "The program must meet with approval of the Bureau of Buildings and Code Administration." Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #16, as follows: "16. Condition #37 is modified to read: "Site preparation necessary to accommodate applicant's intended use, including grading, filling, landscaping, and road and drainage facility construction, shall be completed or bonded to the satisfaction of the Bureau of Buildings and Code Administration or the County Engineer, as appropriate. Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #17, as follows: "17. A new general condition of continued use is adopted, which reads: "The County is interested in measuring the impact that the arrival of a new large employer has upon its population and its level of employment." "The permittee shall therefore be required to monitor and compile accurate information on employees and job applicants in order to assist in evaluating the per- centage of employees and applicants that are new immi- grants to Whatcom County. This information shall include the residential and employment history, unem- ployment history, and addresses of those who applied and those who were hired for the two year period prior to their making application or being hired for work in Whatcom County." Special Council Meeting May 17, 1984 Page 9 Motion carried. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #18, as follows: 1118. There shall be a maintained pedistrian access corridor along the beach expending from property line to property line, located waterward of the graving dock and incor- porating the entire beach area south of the graving dock and below the bank. The public access area shall be open from dawn to dusk daily, but may be closed periodi- cally, at the discretion of the owner with concurrence from the Bureau of Buildings and Code Administration, should construction activity warrant closure. The public access area -shall be identified with a con- spicuously placed sign, which shall be maintained by the applicant and which shall read as follows: "This beach area is open to pedestrian traffic between dawn and dusk daily, but may be closed periodically, at the discretion of the property owner, when construc- tion activity would warrant closure. Please respect the rights of adjacent properties." When the public access area is closed, the Buildings and Code Administration shall be notified and the closure shall be posted over the Public Access sign." Motion carried. MUENSCHER MOVED FOR FINAL ADOPTION OF ALTERNATE LANGUAGE, AS PROPOSED BY THE APPLICANT, TO AMENDMENT #19, AS FOLLOWS: "19. A new general condition of continued use is adopted, which shall read: "In recognition of the fact that the project will be located in a unique area of the County, available for deep water port purposes, and zoned for heavy impact industrial uses; and in further recognition- :of'-the fact that our shorelines are a limited natural`..reaource, ;_and in recognition:of the County's desirb.,:to keep the door open for diversified development at Cherry Point; the. applicant will encourage cooperative use of its pier Special Council Meeting May 17, 1984 Page 10 facilities by the Port of Bellingham and /or Whatcom County whenever feasible; provided, however, that such future use shall not interfere with the applicant's use of the site and shall meet all legal, environmental and regulatory requirements for the porposed or actual use. Motion to adopt the alternative language for Amendment #19 carried. BECKER MOVED AMENDMENT #36 AS AN ALTERNATIVE TO AMENDMENT #20, as follows: "General Conditions of Continued Use: 36. The applicant shall utilize as its first and primary source of non - management employees job placement and training outlets in Whatcom County that specialize in the placement of unemployed or under - employed persons, to the extent that such outlets can supply qualified personnel in a timely fashion. Further, the applicant shall develop and maintain cooperative arrangements with Whatcom County job training and vocational education programs, in order to enable these programs to supply the applicant with personnel having requisite skills. This condition shall not require the applicant to hire persons who are unqualified for the particular job or jobs in questions." Motion carried. Amendment #21 will be dealt with at the conclusion of proposed amendments. BECKER MOVED FOR THE ADOPTION OF AMENDMENT #22, as follows and as proposed by Roehl: "22. Drainage from the pre -cast concrete yard shall not enter the general surface drainage scheme but will be disposed of through the provision of a National Pollution Discharge Elimination System permit if ap- plicable. If a N.P.D.E.S. permit is not required, all process water and drainage from the pre -cast concrete yard that is to be discharged off -site shall be treated /clarified to maintain the same state water quality /standard as that for surface water discharge." Becker clarified that this proposed amendment is in addi- tion to Condition No. 8, not a substitute for Condition No. 8. Motion to adopt amendment #22 carried. Special Council Meeting May 17, 1984 Page it HANSEY MOVED TO MODIFY THE HEARING EXAMINER'S CONDITION NO. 16 AS PRESENTED IN HIS PROPOSED AMENDMENTS. Chairperson Cole re- stated the motion as TO MODIFY CONDITION NO 16 TO READ AS STATED ON PAGE 3 OF THE MEMORANDUM FROM PHIL SERKA, OF MAY 16, 1984, as follows: 1130. No excavation shall be done below plus 15 feet mean low low water until the permittee has received a contract to construct marine oriented gravity structures which require development of the graving dock for fabrication and assembly. Site excavation in the area of the graving dock shall conform to the grading plan submitted by the applicant to the Hearing Examiner on February 17, 1984, as an alternative to excavation of the graving dock, until a need to construct is demonstrated as described above to the satisfaction of the County." Motion carried. HANSEY MOVED TO DELETE 3d OF THE HEARING EXAMINER'S CONDITION. Chairperson Cole re- stated the motion as TO STRIKE 3d, AS PRO- POSED ON PAGE 3 OF THE MAY 16, 1984 MEMORANDUM FROM PHIL SERKA, as follows: �d Aathe�i��- �e- agp�e�e- e- �eq�tes�- f�et�- the- appliea�� -te _.. ee�eaee- p�e�ee�- d�edgi�g- aad- e�ee�a,�iee -- }cased -tepee �eee} g�- ef- a- ese�gae�- �e- eses���te�- a- g�a�i��- a #�ae���e e�- a- s�se- omega }� }ag- e�e�elela�ee� -ef- eke- g�a�iag -deek- ��- p��s�- �e- �eee }p� -ef -a- bid- awed- pe�x�iss }ea -fie- dredge �s- �egaee�ed- �e- eeeea�eda�e- p�e�- ee�s��ae��ea- aid- }aa�ge �tse -- the - need- aed- e��ea�- ef- sael�- d�edgiag- sha4�- be -de- �e�r� }eed- aad- app�e�e� -b3�- tie- es����ee: Motion carried. Mr. Dave Shelso, Project Engineer, stated, for the record, that the Kiewit Construction Company had no objection to the conditions, as amended. HANSEY MOVED THAT THE CHAIR IS DIRECTED TO EXPEDITIOUSLY ENTER IN THE APPROPRIATE ORDER GRANTING THE PERMITS APPLIED FOR BY THE KIEWIT CONSTRUCTION COMPANY IN THE BELOW REFERENCED MATTERS CON- SISTENT WITH THE COUNCIL'S ACTIONS AND CONDITIONS, MDP 2 -83, S- 12 -83, AND SCU 4 -83. Hansey, Becker, Hawley, Johnson, and Cole spoke in support of the motion. Special Council Meeting May 17, 1984 Page 12 Chairperson Cole re- stated the motion as TO DIRECT THE CHAIR TO EXPEDITIOUSLY ENTER THE APPROPRIATE ORDERS GRANTING THE PERMITS APPLIED FOR BY KIEWIT CONSTRUCTION COMPANY IN THE BELOW PREFERENCED MATTERS CONSISTENT WITH THE COUNCIL'S ACTIONS AND CONDITIONS: MDP 2 -83, 5- 12 -83, AND SCU 4 -83. Motion carried unanimously. Meeting adjourned at 8:50 p.m. WHATCOM COUNTY COUNCIL WHAT COUNTY, AS NGTON C g W. Cole C airpep§on ATTEST: . C; &FR. o he. Qoun 1 i