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HomeMy WebLinkAboutSpecial Committee of the Whole January 28 2020Whatcom County Council Special Committee of the Whole COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Committee Minutes - Final ESTIMATED TIME - MEETING MAY BEGIN EARLIER/LATER THAN 2:30 P.M. Tuesday, January 28, 2020 2:30 PM Council Chambers COUNCILMEMBERS Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Ben Elenbaas Carol Frazey Kathy Kershner CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Special Committee of the Whole Committee Minutes - Final January 28, 2020 Call To Order Roll Call Council Chair Barry Buchanan called the meeting to order at 3:10: p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: 7 - Rud Browne, Barry Buchanan, Tyler Byrd, Todd Donovan, Carol Frazey, Ben Elenbaas and Kathy Kershner Absent: None Committee Discussion 1. AB2020-038 Discuss proposed Interlocal Agreement between Whatcom County and cities relating to interim procedures for amending the Countywide Planning Policies Matt Aamot, Planning and Development Services Department, gave a brief history of the previous discussion on this item. He and Mark Personius, Planning and Development Services Department Director, discussed with Councilmembers why this process is not done through Comprehensive Plan amendments, the city approval process (item 7) and what percentage of the Cities approving should be required, having language stating that the Cities be in agreement with a proposed amendment before it goes to the County Council, and what the process for amendments would be if this interlocal agreement is not agreed upon. Elenbaas moved to amend Section 1, Item 1 ("Authority to Initiate Amendment") to combine Sub -items "c," "d," and "e" (c. the City Council, d. City Mayor, and e. City Manager) so that the City Council, Mayor, and Manager need to be in agreement before a proposed amendment to the countywide planning policies is moved forward. Byrd suggested a friendly amendment to delete subitems "d" and "e" so that only the City Council can move an amendment forward. The motion was seconded. Elenbaas accepted the friendly amendment and moved to amend Section 1, Item 1 ("Authority to Initiate Amendment") to remove Sub -items "d," and "e" (d. City Mayor, and e. City Manager) so that the Whatcom County Executive, the Whatcom County Council, and any City Council may initiate a proposed amendment to the countywide planning policies. Section 1. Interim Procedures for Amending the Countywide Planning Whatcom County Page I Council Special Committee of the Whole Committee Minutes - Final January 28, 2020 Policies The Cities and the County agree to the following interim procedures for amending the countywide planning policies: 1. Authority to Initiate Amendment - Any of the following may initiate a proposed amendment to the Countywide Planning Policies by submitting a written proposal to the County Planning Director: a. The Whatcom County Executive; b. The Whatcom County Council; c. Any City Council; a Any ramit y na., yoi:. e. Any Gity Manager. The discussion continued about how the process would work with this amendment. The motion failed by the following vote: Aye: 2 - Elenbaas and Byrd Nay: 5 - Browne, Buchanan, Donovan, Frazey, and Kershner Byrd moved to only remove Setion 1, Item 1, Sub -item "e." Section 1. Interim Procedures for Amending the Countywide Planning Policies The Cities and the County agree to the following interim procedures for amending the countywide planning policies: 1. Authority to Initiate Amendment - Any of the following may initiate a proposed amendment to the Countywide Planning Policies by submitting a written proposal to the County Planning Director: a. The Whatcom County Executive; b. The Whatcom County Council; c. Any City Council; d. Any City Mayor; e. Any Goy Mara of The motion was seconded. Discussion continued and Tyler Schroeder, Executive's Office, answered questions about the makeup of the City governments. Whatcom County Page 2 Council Special Committee of the Whole Committee Minutes - Final January 28, 2020 The motion carried by the following vote: Aye: 6 - Browne, Buchanan, Byrd, Donovan, Elenbaas, and Frazey Nay: 1 - Kershner Byrd moved to strike Section 1, Item 8. 8. Whateam Eetmb, Gouneil Adeption Following appr-eval ofthe - eout ide planning -polis), amendments by the cities under sestfen q above the G (''etineil may, after- , .,ducting a „blie hearing, adopt the eeufityw' f planHing may not be modified during the Getinr., Gets nil adoption pr-eeess. Geu t id planning policies be.eme effeetive upon adoption by the County G •1 The motion was seconded. Byrd withdrew his motion. Byrd moved to remove Section 1, Item 7, Sub -item "b" and to amend Section 1, Item 7, Sub -item "a:" 7. City Approval Process - The respective city legislative authorities must act upon final draft countywide planning policy amendments within 90 days of the County Council vote to send the amendments to the cities for review and approval. City approval of the countywide planning policies must be by: a. Cities representing at least 51 percent of the total population of Whatcom County. 65 pe „t of the tota l popula4ian livinginside the 7 ineer-pofated e-ities; and b At least 550i f•the cities (fef o rle n f the 7 existing eit ) The motion was seconded and Councilmembers discussed the motion. Kershner suggested a friendly amendment to amend the 65 percent of the total population living inside the 7 incorporated cities. Kershner withdrew her suggested friendly amendment. Whatcom County Page 3 Council Special Committee of the Whole Committee Minutes - Final January 28, 2020 Councilmembers discussed the wording of Item 7 and the ability of one jurisdiction to impose their will on another. Browne moved to call the question. The motion to call the question carried by the following vote: Aye: 7- Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Byrd's motion failed by the following vote: Aye: Byrd Nay: Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Browne moved to accept the document as amended with the removal of Section 1, Item 1, Sub -item "e." The motion was seconded and Councilmembers discussed the motion. The motion failed by the following vote: Aye: Browne and Donovan Nay: Buchanan, Byrd, Elenbaas, Frazey, and Kershner Buchanan moved to hold in Committee and request staff to bring back a recommendation especailly for Item 7 so that the language would include a percentage that the small cities can achieve and would not allow any jurisdiction to be able to impose its will on another. The motion was seconded. Councilmembers discussed the motion and possibly amending Item 7 to change the "and" to an "or," on Sub -item "a" and increasing the percentage in that same item so that the City of Bellingham would have to get at least one other small city on board, or four small cities could agree to approve, and no one city could veto. Buchanan's motion that the Discussion be HELD IN COMMITTEE carried by the following vote: Aye: 7 - Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas and Kershner Nay: 0 Absent: 0 Whatcom County Page 4 Council Special Committee of the Whole Committee Minutes - Final Other Business Adjournment The meeting adjourned at 4:35 p.m. The County Council approved these minutes on February 11, 2020. ATTEST: Dana�Browii-D is Co— oil Clt rk r um P o Kristi Felyiq&;IMiMiles Transcription Whatcom County Page 5 January 28, 2020 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WA tB4fVFyyVy--MB'u h nan, ouncil Chair