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Home My WebLink AboutCity Council Committees - Committee of the Whole - 07/27/2021 Approved Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes July 27, 2021 Date: July 27, 2021 Time: 4:00 p.m. Place: Chambers 1. CALL TO ORDER Council President Troutner called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present 4:18 PM Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present 3. AGENDA APPROVAL No changes. 4. COMMITTEE BUSINESS 1. Payment of Bills - Authorize MOTION: I move to authorize the payment of bills received through 7/15/21 and paid on 7/15/21 and approve the checks issued for payroll 7/1/21-7/15/21 and paid on 7/20/21, all audited by the Committee of the Whole on 7/27/21. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 8/3/2021 5:00 PM 2. Community Partnerships Tsai-En Cheng is the Dean of Branch Locations, Academic and Program Development at Green River College, which oversees the work of the Small Business Development Center and the Director of Continuing and Corporate Education. Cheng presented the Council with information Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes with employers and community groups in Kent that support economic development. Cheng advised of the work of the Small Business Center that included an international webinar, one-on-one counseling and mentoring to local small businesses and also the launch of the COVID resource website. Green River is working with the City on the Business Community Navigator Portal and is hoping to utilize the portal with navigators within community organizations. Cheng provided details on the Aerospace Conference in Partnership with NASA. Cheng advised of the Teacher Certification Program that provides for a certification opportunity in rocketry and small satellites to high school teachers, in partnership with the University of Washington in year 2022- 2023. Green River College is raising awareness of Small Business Center services through the use of face-to-face meetings, websites and social media. For additional information, contact Tsai-En Cheng, Dean of Branch Campuses, Academic and Program Development tcheng@greenriver.edu or call 253-263-0725. 3. Correct Length of Appointment for Members on Appointive Commissions - Approve Deputy City Attorney, Tammy White advised that during her review of the arious appointive commissions and retroactively, it appears a number of members were appointed to terms both longer and shorter in length than the actual term available. Staff recommends Council correct the length of appointment to cover the actual term available. Department Directors have been provided with this information, and these commission members have been or will be advised of the corrections made to their terms, their eligibility for reappointment, or any impact term limits may have on their future reappointment. White indicated she just learned of additional corrections to the Human Services Commission and she will work with the Parks Department to correct the errors that will be highlighted in the Council agenda. Page 2 of 9 Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes Councilmembers expressed that any messaging to the members ending their possible for new members to participate on the advisory committees, but also recognize the importance of having experienced members. Chief Administrative Officer, Derek Matheson advised that staff is working on a checklist that staff can utilize for the recruitment process for all commissions to ensure compliance with the ordinance and the intent of council. MOTION: I move to approve correcting the length of commissions as provided for in the presentation before Council at its July 27, 2021, Committee of the Whole meeting to correct previous mathematical errors and ratify all acts consistent with this motion and prior to its passage. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 8/3/2021 5:00 PM 4. Ratify Reappointments of Members to Appointive Commissions Authorize Deputy City Attorney, Tammy White advised that during her review of retroactively, it appears as though a number of members have continued to serve on appointive commissions without having been formally re-appointed and confirmed. In order to help insure term limits are applied as accurately as possible ecords, staff recommends Council ratify and confirm the informal reappointments based on continued service, which will formalize the terms to which members are each appointed and allow proper calculation of how their service will be impacted by term limits. MOTION: I move to ratify the reappointment and confirmation provided for in the presentation before Council at its July 27, 2021, Committee of the Whole meeting and ratify all acts consistent with this motion and prior to its passage. Page 3 of 9 Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 8/3/2021 5:00 PM 5. Ordinance Amending Kent City Code Chapters 6.15, 6.16, and 15.08 RE: Wireless Facilities - Adopt Assistant City Attorney, Christina Schuck provided the Council with an overview of the code amendments to Kent City Code Chapters 6.15 , 6.16 and 15.08 relating to wireless facilities. Schuck went over the legal framework and advised that Federal law pre- empts most City authority. City regulations and standards include Franchise and Master License Agreement terms, Chapters 6.15, 6.16 and 15.08 of the Kent City Code. Small Cells in Kent require franchises and Master License Agreements. Since November 2020, approximately 39 permits have been submitted and the City anticipates first installations in 2021. The objective of these code amendments is to: address gaps in non-city owned poles in and out of right-of-way; non-Small Wireless Facilities on replacement utility poles; protect residential areas; enhance flexibility to allow new designs - strand-mounts; combination poles and to update definitions. Stakeholder Outreach started by engaging industry stakeholders early in the drafting process of this ordinance. Stakeholders submitted comments on the initial draft of the ordinance in late 2020 and staff incorporated many of against aesthetic harms or would pose safety threats were not incorporated. On June 14, 2021, staff submitted the ordinance to the Department of Commerce and sent a copy to the same industry stakeholders for further comment and review before the public hearing scheduled before the Land Use and Planning Board (LUPB) on July 12, 2021. Staff did not receive any comments until July 8 and 9-after the LUPB packet deadline. These code amendments were presented to the Land Use and Planning Board. A public hearing was held on July 12, 2021 before the LUPB. Representatives from AT&T and Verizon submitted comments and also gave oral testimony. City staff addressed these comments in the staff presentation. Following the public hearing, the LUPB voted to include one change to the ordinance and did not discuss the other comments at length. mmended language that small wireless facilities be limited to the right-of-way in residential areas, AT&T and Verizon Page 4 of 9 Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes asked that exceptions be included. The LUPB considered these exceptions and recommended that small wireless facilities be allowed outside of the right-of-way in residential areas in public schools and public parks. No other After further consideration of the comments submitted by AT&T and Verizon, and the issues raised by these comments, staff recommends that additional changes be made to the ordinance. These changes would be in addition to that code provisions are clear; language clarifying that express permission from property owners is needed to install small wireless facilities in public schools and parks; more specific regulations for wireless facilities installed on replacement utility poles; allowing the installation of small wireless facilities on non-owned streetlights without replacing the pole; and increasing the bulk limits to accommodate larger equipment used by the industry. Schuck advised staff is not recommending deployment on traffic control systems, removing any limits on clutter and limiting protections for views. -backs and the exemption allowing Small Wireless Facilities in public parks and school campuses. Planning Manager, Erin George advised that Title 15 regulates everything outside of right-of-way: Siting of towers on private property Permit process, landscaping/fencing Each pole requires land use permit Written in 1998 with cell towers in mind; larger with greater impacts George advised that most surrounding cities allow strand-mounts. Proposed changes to KCC 15.08: Add definition of "replacement utility pole" Exclude the term from all tower definitions Update SWF definition to match federal law Add "replacement Utility pole" exemption, point to KCC 6.16 Clarify reference to government property excludes ROW, to ensure all WTFs in RPW are reviewed as utility permits under KCC 6.16\\ Replacement Utility Poles: Height max: 20' taller than adjacent poles Must be similar shape, color, material ADA standards to ensure sidewalk clearance Concealment: Page 5 of 9 Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes o Flush-mounted o Neutral color to match pole o No illumination o Conceal wires in neutral colored conduit matching pole Schuck advised that any wireless facilities located in a City park will require a lease that must be brought before the Council. MOTION: I move to adopt Ordinance No 4409, amending chapter 6.16 of the Kent City Code to update the design standards for small wireless facilities, and to update definitions and references within Kent City Code 6.15.050 and 15.08.035 related to wireless facilities. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 8/17/2021 7:00 PM 6. INFO ONLY: 2021-2022 Property Insurance Renewal Risk Manager, Chris Hills provided an update on the recent property insurance renewal that occurred on July 1st. · July 2017 to July 2018 $346,323 Premium decrease of 7%. Decrease based on adding another layer to $25M layer. · July 2018 to July 2019 $362,500 Premium increase of 7%, due primarily to increased reinsurance costs resulting from three hurricanes and the fires in California during 2017. · July 2019 to July 2020 $477,521 Premium increase of 23% due to severe losses due to California fires and flooding, combined with the two major carriers limiting their coverage. To our per occurrence maximum to $150M. · July 2020 to July 2021 $581,822 Premium increase of 22% due to ongoing volatility in reinsurance markets, including negative loss development, increased cost of reinsurance and decreased profitability. Our primary carrier has further limited their participation in the primary layer in response to the market limitations noted above. · July 2021 to July 2022 $677,599 Premium increase of 16%, which is below average cost increases. 3% of increase is due to increased value of City buildings insured. The primary carrier has further limited participation in the first layer of coverage down from $25M to $10M, which coincides with their corporate strategy to limit risk in this market. Total coverage remains consistent. The Property insurance market remains challenging in the light of continuing Page 6 of 9 Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes loss experience nationwide (fires in the West last fall and storms in Texas last winter). Early on we were told that our increase may be as much as 25%. The 14% increase over last year represents a lower than expected increase. 7. 2021 Second Quarter Fee In Lieu Funds - Authorize Parks Planning and Development Manager, Terry Jungman presented details on the 2021 second quarter fee-in-lieu. Between April 1, 2021 and June 30, 2021 the City of Kent received a total of $10,200.00 from the following developer, who voluntarily paid a fee-in-lieu of dedicating park land to mitigate the development of homes in local subdivision. These funds will be held in a reserve account for capital improvements at the following park and must be expended within five years: Navin Sharma - Subdivision into 2 lots at 11615 S.E. 259th Place; $10,200 at Campus Park. MOTION: I move to authorize the Mayor to accept $10,200 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Campus Park. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 8/3/2021 5:00 PM 8. Allocation Recommendations: Third Round of Community Development Block Grant Coronavirus Funds - Authorize Senior Human Services Coordinator, Dinah Wilson provided an overview of the allocations recommendations for the third round of Community Development Block Grant Coronavirus Funds. To accept third round funds, the City released its second amendment to the 2019 Annual Action Plan and held a public hearing on January 21, 2021. At that time, the City had not selected sub-recipient organizations to carry out proposed activities and informed the Human Services Commission and City Council that it would seek its future approval on funding awards. The City is funding 10 out of the 15 applications received. The City of Kent Parks Department, Human Services Division, proposes allocating its CDBG CV-3 funds to the sub-recipient organizations. Highlighted organizations on the motion sheet are organizations that the Department propose to fund in Round 3 that did not receive first round funds; non- highlighted organizations received Round 1 funds and are recommended for additional funds from the Third Round budget. Information included in the packet relate to demographics. Page 7 of 9 Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes Councilmembe solutions in working with organizations. Michaud advised that she is very proud of the work of the Human Services division. Wilson provided additional details regarding required agency reporting. MOTION: I move to authorize the Mayor to approve the third round of Community Development Block Grant Coronavirus Funds as recommended by the Human Services Division of the Parks Department. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 8/3/2021 5:00 PM 9. INFO ONLY: Performance Measures Government Performance Coordinator, Michael Mage presented the Advance Kent 2021-2022 Strategy Deployment and performance measures. Advance Kent focus areas include: · Innovate academy · Strategy deployment · Performance Measures · Continuous Improvement Mage advised that performance measures include inputs (resources used), outputs (program activities), efficiency measures (ratio of inputs to outputs), and outcomes (the actual results of programs and services). M aligning strategic plan with departmental metrics and advised next steps include identifying a minimum of 25 metrics with even distribution to the Council Goals. The team is working with ELT to refine these metrics and then will provide another update to Council. Mage reviewed the project timeline: Phase 1 - Is complete - Update current metrics for the budget book Phase 2 - Phase 3 - (anticipated this fall), begin deep dive process of collecting data. Phase 4 - Create a Performance Dashboard. Mage indicated the purpose of using common themes is to: Page 8 of 9 Kent City Council - Committee of the Whole July 27, 2021 Committee of the Whole - Regular Meeting Kent, Washington Minutes · Give more flexibility · Break down silos · Helps tell the story · Beef up stand-alone metrics · Fills gaps for missing areas Mage expressed appreciation of the A-team and departments - thanks for going the extra mile with performance work! Next steps: 2021 Continue working with ELT to connect metrics to Council Goals. Update City Council with final metrics for Performance Dashboard. Develop dashboard platform and structure for data collection. 2022 Launch initial Performance Dashboard and begin update regular progress. Begin connecting resident feedback to Performance Dashboard. Continue building internal support and expertise for data analysis. 5. ADJOURNMENT Council President Troutner adjourned the meeting. Meeting ended at 5:59 p.m. Kimberley A. Komoto City Clerk Page 9 of 9 N O I T A T N E S E R P Title 6 & Title 15 E • Regulatory FrameworkSmall Cells in KentPurpose of Code AmendmentsStakeholder OutreachThe Code Amendments H T••••• Y T I L I C A F ” l l S e S C E l l L a E m R S I “ W L L A M S Mounted on structures 50 ft or less; orMounted on structures no more than 10% taller than adjacent structures; orDoes not extend existing structures to a height of more than 50 ft or by more than 10%, whichever is greater.Antennas no more than 3 cubic ft (each)All other equipment no more than 28 cubic ft ••••• K R O W E M A R F empts most City authority - L A G E L Cannot unreasonably discriminate among carriersCannot prohibit or have the effect of prohibiting serviceCannot regulate based upon Radio Frequency Emissions ••• Authority to regulate safety, design and placement; but • Federal law pre S D R A D N A T S & S Small Wireless Facilities N – O Siting of wireless facilities; I T – General Requirements Use of ROW Agreements Utility Design Standards in ROW .070 A –- – – L U G E R 6.16.040 6.16.050 15.08.035 •• Y Franchises, Master License Agreements T • I Franchise and Master License Agreement termsChapter 6.15 Chapter 6.16KCCprocedures C •••• T N E K N I S L(8/2020) L E C L ExteNet L A M S AT&T (2/2019 & 4/2020); Verizon (9/2019); First submittals in November 2020 •• Franchises and MLAsApprox. 39 permits submittedNumerous other locations under considerationExpect first installations in 2021 •••• E V I T C E J B O mounts; - - S T strand N – E M D N E M gaps city owned poles in and out of ROW; SWF on replacement utility poles A -- E nonnonAllow new designs combination poles D ••• Address Protect residential areasEnhance flexibilityUpdate definitions O •••• C H up with stakeholders - C public hearing A E comments incorporated Draft sent to stakeholders; SEPA R Commerce and stakeholders Ordinance to Dep’t of Notice for public hearingComments receivedLUPB Follow T – – – ––– – U O 9, 2021 - November 2020 May 28, 2021June 14, 2021 July 2, 2021July 8 July 12, 2021 July 14, 2021 ••••••• - allow – S 6.16.040(D) T N 6.16.040(B) B 6.16.040(P) KCC E 6.16.070 P – U M s L KCC KCC n KCC D o – o t – i t– t 6.16.050(C)(1) & (4); N n c n d F e oe E e i t W t t m o S a n KCC r p M ic P e i d – f u l A s i e 6.16.060(C)(4) qt rs a e i t accommodations for 5G En a r t l E n u n P d – C e o e e D KCC t n m d M i o n – e O i s r d t u i e n ona C u g l R i a q o M r s i e - e t e s V d R S a D n e r e w u s o r i w l o o c l oe r o l n Gas an exceptionANC6.16.060(B)(6) NINo SWF outside of ROW •••••• S N O I N T O I C T E A T D N O E R M P M L O C A I E T R N B P E U recommended that: SWF also be allowed in D L I S E Updates to staff’s recommendation in 6.16.040 to prohibit small wireless facilities outside of the ROW in residential areasLUPBpublic parks and public school campuses, set back 30 feet away from property lines. 6.16.040(D) R •• In response to comments from AT&T and Verizon • KCC • S N O I T 6.16.040(D) 6.16.060(A)(1) - A - D N E M clarification clarification M 6.16.040(H)(2) – – O– n s o s e i C l e s l o E s o i p p t R m y r h t i g e L l i i l p t A r d u e e t N n n n w e w O o I o - m y y T e t t I r i c Modest increases in 6.16.050(C)(5) & c t e - a - l D h p n p g k o Replacement pole height in 6.16.040(H)(2)Clarification in 6.16.060(B)(2) i l o e r D e u ••RNP A HB6.16.060(B)(3) to accommodate evolving technology ••••• F F A T S 6.16.040(C) – Y B D 6.16.040(E) – E D N E M M 6.16.040(I) O – C E R T O N Deployment on traffic control systems Removing any limits on clutter Limiting protections for views, installation in front of windows, etc. ••• 5 1 E L T I T – S E T A D P U E D O C 5 3 0 . 8 0 . 5 1 land use permit C C K requires 4 weeks, planner review & written report - Does not clearly address WTFs in ROW ~ 3• Siting of towers on private propertyPermit process, landscaping/fencing Each pole Written in 1998 with cell towers in mind; larger with greater impacts •••• s e g n a 90 ft34 ft h C d e s o p o r exemption, point P 5 3 0 . 8 0 . 5 1 replacement utility pole C C Add definition of “replacement utility pole”Exclude the term from all tower definitionsUpdate SWF definition to match fed lawAdd to KCC 6.16 for standards (i.e. height)Clarify reference to government property excludes ROW, to ensure all WTFs in ROW are reviewed as utility permits under KCC 6.16. K ••••• ? 5 1 h s n C o i t a t n i i 40’) otherwise MCUP m i L90’ one user, 120’ two usersMax zoning district height (30’ –KCC 6.16 design standardsKCC 6.16 design standardsOnly public schools, public parks; 30’ setback, KCC 6.16 d e n i t XXX m d a A l u r o XX g P n i U e MC r l l i t family s - n o i ROW)ROW)ROW) s t residential --- - a i c o t LIndustrial, commercialAg, multiNon(nonGovt property (nonResidential zones (non a h W e p y TTowersTowersSmall CellsSmall CellsSmall Cells ? s n o i t s e u Q Questions? IMMOMIll \ � � U � � O � � re C: ro E � 2 , w tv m � � m � u ►