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HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 03/19/2024 Approved Kent City Council - Committee • of the Whole KENT Committee of the Whole - WAS M IN G 7 0 N Regular Meeting Minutes March 19, 2024 Date: March 19, 2024 Time: 4:00 p.m. Place: Chambers 1. CALL TO ORDER Council President Kaur called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Satwinder Kaur Council President Present Bill Boyce Councilmember Present John Boyd Councilmember Present Brenda Fincher Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Toni Troutner Councilmember Present 3. AGENDA APPROVAL A. I move to approve the agenda as presented. ER SULT: MOTION PASSES [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 4. DEPARTMENT PRESENTATIONS 1. Approval of Minutes YES i. Committee of the Whole - Committee of the Whole - Regular Meeting - Mar 5, 2024 4:00 PM Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 2. Payment of Bills - Approve MOTION: I move to approve the payment of bills received through 3/15/24 and paid on 3/15/24 and approve the checks issued for payroll 3/1/24 - 3/15/24 and paid on 3/20/24, all audited by the Committee of the Whole on 3/19/24. RESULT: MOTION PASSES [UNANIMOUS] Next: 4/2/2024 7:00 PM MOVER: Bill Boyce, Councilmember SECONDER: John Boyd, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 3. Office of the Washington State Auditor Engagement Letter for the 2023 Audit — Authorize Accounting and Reporting Manager Megan Marks provided details on the Office of the Washington State Auditor Engagement Letter for the 2023 Audit. This Engagement Letter confirms the nature and limitations of the audit, as well as responsibilities of the parties and other engagement terms. The letter also confirms the audits will be performed for the City of Kent by the Office of the Washington State Auditor in accordance with the provisions of Chapter 43.09 of the Revised Code of Washington. The following audits for the fiscal year ended December 31, 2023, will be performed: • Financial Statement Audit • Federal Single Audit • Accountability Audit A budget increase of $30,000 is needed to cover the cost of the audit. MOTION: I move to authorize the Mayor and Finance Director to sign the Engagement Letter with the Office of the Washington State Auditor for the 2023 audit, amend the budget to cover the audit costs, and authorize the expenditure of funds accordingly. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 8 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 4/2/2024 7:00 PM MOVER: John Boyd, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 4. INFO ONLY: Fourth Quarter 2023 Investment Report Cash and Investment Officer, Joe Bartlemay presented the Fourth Quarter 2023 Investment Report. Bartlemay reviewed the cash and investments by type and compared 2022 to 2023, the cash and investments month ending balances comparing 2021- 2023, and quarterly interest earnings comparing the fourth quarter 2022 and the entire 2023 year. Bartlemay talked about the PFM Asset Management portfolio and statistics, sector allocations and compliance. 5. Info Only: Introduction of Behavioral Health Facilities Code Update Project Planner Lindsay Walker provided the Council with information on the Behavioral Health Facilities Code Update Project. Walker advised she is here to discuss Behavioral Health Facilities and the state's goal to transition patients out of large state-run hospitals into smaller facilities to better integrate them into the community, consistent with state law. Today, we will discuss the different types of facilities and their standards to help us consider appropriate locations and zonings for these facilities. This discussion will help us prepare for further evaluation and fine- tuning of potential code amendments later this year. Walker talked about Ordinance 4469, that added opioid treatment programs as an essential public facility and updated statues concerning how local governments could regulate these programs. Under state law, cities and counties may establish processes and requirements to site Essential Public Facilities but cannot prohibit them from locating within their jurisdictions. King County adopted a levy to raise funds to address this need regionally. The Washington State Department of Commerce awarded over $160,000,000 in funding to public and private developers for new construction, renovation and acquisition of land for behavioral health ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 3 of 8 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... facilities. The State is in the process of modernizing and reforming the mental health system and is expediting efforts to support smaller community- based health facilities. As of July 2022, people will wait an average of 44 days for a mental health residential bed. Walker advised the Kent City Code includes a map of where Opioid Treatment Facilities are allowed within our Light and Medium Industrial Zonings. These facilities do require a Conditional Use Permit and has additional materials that are required to be submitted at intake. Kent's Code has a definition and use that doesn't quite match the full extent of these new emerging residential health facilities. Kent's land use code contains Residential Facility with Health Care which is defined as a medically staffed facility intended for the long-term residential care of more than 10 handicapped individuals who, because of age or medical condition, are incapable of independent living. Unfortunately, this would not be inclusive of most Behavioral Health Facilities because it's a less intensive use geared towards residents who need assistance with everyday needs and end of life care. Behavioral Health Facilities require higher staffing ratios with more licensed professionals and assist with a variety of mental health, substance use and medical needs. Since there is an array of different Community Based Behavioral Health Facilities, staff decided to categorize them into two different intensities - lower and higher. While each facilities has higher staffing and 24-hour monitoring, facilities where residents are free to come and go are considered a Lower Intensity. Facilities that are more secured, where residents may be civilly committed are considered a Higher Intensity. Facilities that also house youth are considered a higher intensity, based on the additional measures needed to keep children and youth secure and safe. Staff has proposed two different intensity categories at this time, but changes may be made in the future. Staff is not considering safe injection site or changes to its secure transition facilities, which regulation housing for sex offenders. Opioid Treatment Programs are outpatient programs that treat opioid use disorder while Enhanced Services Facilities are residential medium .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 4 of 8 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes and long-term care facilities that provides support and services to persons whom acute inpatient treatment is not medically necessary, but residents are unable to live independently. We also included Intensive Behavioral Health Treatment Services (IBHTF) provides specialized treatment for individuals who may be discharging or being diverted from state and local hospitals. The goal is to improve functioning so that they can transition into a more independent setting. For higher intensity facilities, we have included Residential Crisis Stabilization Programs, Secure Withdrawal Facilities, Evaluation and Treatment Facilities and Residential Substance Use Disorder Treatment Facilities. These different facilities provide care ranging from 5 days up to 180 days, depending on the need of the individuals. While treatment can be voluntary, many residents are civilly committed. Many of these facilities provide services necessary to stabilize and restore the individual to a transition home, back into the community or to a more long-term setting. Currently, there's only 46 beds for 2.3 million people in the state with none being provided for youth fir Residential Crisis Stabilization Facilities. The Model Ordinance was released by Department of Commerce in June of 2021, with amendments made in April of 2022. They provided many recommendations, including that parking requirements should be based off staffing. If transit is accessible, one parking stall per staff member on the largest shift should suffice. Facilities should include bedrooms, bathing facilities, a commercial kitchen, large dining room, offices and counseling space, nursing stations, outdoor recreational area and laundry facilities. The model ordinance was able to provide suggestions on staffing and sizing for more common facilities, but others have not been identified yet. Most facilities appear to house up to 16 beds or alternatively, up to 24 beds. Staffing is provided at a higher ratio for all facilities with Enhanced services facilities proposing 1 staff per every 4 residents and intensive behavioral health facilities proposing a minimum of 17 staff a day up to 27 staff members a day. Most facilities appear to range from 6,000-8,000 sf to accommodate the bedrooms and other necessities of the facility, but some have been constructed much larger. Walker reviewed feedback from other jurisdictions in Washington: • Seattle has been identifying these facilities as "institutions" and allowing them in multifamily zones with a "conditional use permit." • Port Angeles identifies these facilities as "medical buildings" and has ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 5 of 8 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes permitted one in a commercial zone. They said they may consider higher density residential zones with conditional use permits. • Pierce County is allowing some of these uses within urban commercial zones and urban mixed use zones and may consider other zone. • Olympia may permit Crisis intervention services within residential zones with a conditional use permit; however, none have been approved as of the end of 2023. Their code allows them to be reviewed with lesser requirements within non-residential zones. • Renton said supportive and transitional housing may be allowed with a conditional use permit, but other behavioral health facilities have not been considered. • Tukwila considers these unclassified uses and does not currently have a permitting pathway for them. The goal of this presentation is to provide a first look into some of behavioral health facilities that the state is supporting. Staff will schedule future meetings with our Land Use and Planning Board as well as you all so we can further discuss identifying and defining the individual uses and facilities, appropriate locations based on land use and zoning as well as development standards and conditions to mitigate the potential impacts for the uses. There's a regional need for opioid treatment facilities and Kent wants to be part of the solution. We had a great discussion with LUPB and was hoping to further that discussion with you. What types of areas would make sense to house Opioid Treatment Programs? What characteristics or services should these areas have? Council expressed interest in locating facilities on the west hill in an area where transit and medical services are available. 6. King County Veterans, Seniors and Human Services Levy 2021- 2023 Extension - Authorize Cindy Robinson, Manager of the Senior Center provided details on the King County Veterans, Seniors and Human Services Levy 2021-2023 Extension agreement. Robinson advised King County has proposed an amendment to the City's Veterans, Seniors and Human Services agreement that will extend the contract end date for the VSHS Levy for funding from 12/31/23 to the earlier of: 12/31/24 or 60 days following written notice from King County. King County is currently adding $309,007 of additional funding for calendar year 2024. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 6 of 8 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes These funds are primarily used to support the Kent Senior Activity Center in providing outreach and senior services to the senior population that are served including many marginalized and isolated members of our community. MOTION: I move to authorize the Mayor to accept grant funds from King County through the Veterans, Seniors, and Human Services Levy, amend the budget, authorize expenditure of the grant funds, and authorize the Mayor to sign all documents, subject to final terms and conditions acceptable to the Parks Director and City Attorney. RESULT: MOTION PASSES [UNANIMOUS] Next: 4/2/2024 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner 7. INFO ONLY: 2025-2030 Transportation Improvement Program David Paine, Planner presented information on the Transportation Improvement Program. The Kent Transportation Improvement Program (TIP) represents the City's proposed transportation improvement work program for the next six years. Updated annually as required by State code, the six-year plan includes capital projects and programs for inclusion in the TIP and Statewide Transportation Improvement Program (STIP). The TIP is required to be consistent with the Kent Transportation Master Plan (TMP), with projects nominated from the TMP or included by other agencies. Including projects in the TIP allows the City to coordinate with other agencies, seek input from the public, search for funding partners, and apply for grants. Most state and federal agencies require that projects being submitted for grants be included in the City's adopted TIP. Paine advised State law requires that the City hold a public hearing before adopting the TIP. This public hearing will be held on May 21s' at the regularly scheduled City Council meeting. Staff has started outreach for additional input to add to the six-year TIP. The program includes programmed and reasonably expected projects in addition to removing and adding projects. Paine provided details on the proposed additions for 2025-2030: • 132nd Street SW overlay - between 228th and 240th - adding curb for walking paths ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 7 of 8 Kent City Council - Committee of the Whole March 19, 2024 Committee of the Whole - Regular Meeting Kent, Washington Minutes ................................................................................................................................................................................................................................................................................................ ._.............................................................................................................................................................................................................. • Kent Target Zero Action Plan, Phase 1 implementation - will result in a recommended bundle of projects. • 132nd Ave SE East Hill North Park access - adding left turn lane and walking path • Central Avenue and E Smith Street • Benson Corridor Plan - Land use and transportation plan - The City has received notice from the Puget Sound Regional Council indicating a recommended award is coming. This project will include a coordinated land use and transportation plan - include visioning, outreach and engagement to reflect and support transportation investment. Transportation Engineering Manager Rob Brown responded to Councilmember Larimer's question regarding access to the East Hill North Park and safety concerns. Paine responded to Councilmember Michaud's question about the 132nd (228th & 240t") project that will add curbs to connect neighborhoods to the pedestrian network. 5. ADJOURNMENT Meeting ended at 4:43 p.m. Kivu, Le,y A. Kawwtcr City Clerk ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 8 of 8 � a%�« • � , Introduction of Behavioral Facilities Presented $ � . : . Lindsay Wal Planner `� , ; » :� \ 4 �p \ UOSOƒ{ . . . K E N T p Overv*iew • Behavioral Health Facilities • Background • Definitions • Existing Code Provisions • Facility Types and Intensities • Facility Characteristics • Model Ordinance • Surrounding Jurisdictions • Discussion KENT a K E N T W A . G 0 V Background • Ordinance 4469 was adopted last in response to SB 5536, known as year he FAn Essential Public Blake Fix" Facility CANNOT be • In June 2023, the City amended Title 15 to prohibited and address Senate Bill 5536 MUST be allowed • SB 5536 updated state statutes concerning controlled substances, including how IocaT within a City, but a governments regulate opioid treatment City can specify programs and harm reduction programs • This update added opioid treatment programs locations and as Essential Public Facilities 4EPFs) conditions for the • Terminology updated from ' substance abuse"to "substance use disorder" permittin 9• y KE NT K E N T W A G 0 V Def*in *it*ion • RCW 71 .24.02 5 (11 Behavioral Health ervices means mental health services, ' substance use disorder treatment services, and co- r.f4 -- -�___ occurring disorder treatment ire services as described in this L¢ 3 i. chapter and chapter 71 .36 RCW that, depending on the t , pe of service are provided b �censed p or certified behavioral ealth _17W T_ agencies, behavioral health u providers, or integrated into other health care providers. ZOINT a K E N T W A . G 0 V w�•�,.o o„ Ex*ist*ing • Kent City Code 15.02.307: Opioid Treatment Program : A facility that en-� qqa es in the treatment of o ioid use disorder with medications a roved b the Uni ed States Food and Drug pAdministration for the treatment of opioid use disorderand reversal of o ioid ovrdose includingMethadone; and provides a comprehensive range of medical and rehabilitative srvices. p g • Allowed in a specific defined area within 11 and 12 zonings • Requires a Conditional Use Permit • 15% of total floor area must be an indoor waiting area • Written description of proposed and potential services to provided, needs over the next 10 years, explanation of the need and suitability in the proposed location • Inventory of known, existing or proposed facilities within King County serving the same or similar needs • An analysiswith the consistency of Kent's Comprehensive Plan and Development Regulations • Cannot be within 500 feet of an existing opioid treatment or harm reduction facility • A mobile or fixed site medication unit may be established as part of the facility with a City if Kent Business License y KEN T o K E N T W A . G 0 V W­­ ���•I '� � e Ili: ■j ! ! •7 p r r� 1111 " r' t"" I.• � ��t __ r_iR �Ibl � Iill 1•ll xi Esting Code • Kent City Code 15.02.335.3: Residential Facility with Health Care: a medically staffed facility intended for the long -term residential care of more than 10 handicapped individuals who, because of age or medical condition, are incapable of independent living. This definition also includes nursing homes and continuing care retirement communities • This is a less intensive use • Behavioral Health Facilities typically require a higher staffing ratio and assist with a variety of mental health, substance use, and medical needs y K E N T W A G 0 V — ^�.NT o Intensities • Staff has categorized these facility types into two different intensities: • Lower Intensity • Higher Intensity • These categories were determined based on the following : • Facilities where residents are free to enter and leave the facility are considered a Lower Intensity • Facilities that are more secured, where residents are civilly committed are considered a Higher Intensity y NT K E N T W A G 0 V Lower • Opioid Treatment Program Residential Crisis Stabilization Facility Enhanced Services Facility Secure Withdrawal Facility Intensive Behavioral Health Treatment Facility Evaluation and Treatment Facility Residential Substance Use Disorder Treatment Facility n KENT o K E N T W A . G 0 V Model Ordinance • The Department of Commerce Model Ordinance was released in June of 2021 , with amendments made in April of 2022. • Parking should be based on staffing requirements and visitors • Facilities typically range from 6,000-8,000 square feet, but can be much larger y KE K E N T W A G 0 V — ^�.NT o L Facility Type Typicaly Square Footage Intensity Opioid Treatment Depends on service volume Depends on service volume None Lower Programs Enhanced Services 1 staff per every 4 residents 6,000 — 8,000 square feet Up to 16 beds Lower Facilities Intensive Behavioral 17-27 staff members per day, 6,000 — 8,000 square feet Up to 16 beds Lower Health Facilities depending Residential Crisis 16 different types of staffing 6,000 — 8,000 square feet Up to 16 beds Higher Stabilization Facilities to be on call* Evaluation and Not Stated but 6 different Not Stated Up to 24 beds Higher Treatment Facilities types of professionals on call Secure Withdrawal Not Stated Not Stated Up to 24 beds Higher Management and Stabilization Facilities Substance Use Disorder Not Stated Not Stated Not Stated Higher Treatment Facility KENT a K E N T W A . G 0 V Sete n J Recommendations • Low Density Residential • Not recommended due to building size and limited transportation access • Mid - High Density Residential • Compatible with appropriate permit requirements • Commercial • Compatible with appropriate permit requirements • Industrial • Not recommended due to lack of proximity to services and not meeting the intent of providing community-based care y KEN T o K E N T W A . G 0 V w­­ Study of Surrounding ` Jurisdictions UIII' CITY OF . TUKWILACity of Seattle City of lilt ULYMPIA Next Steps • Identifying and Defining Uses • Appropriate Locations • Development Standards • Conditions of Approval r K E N T W A G 0 V D 0 0 iscussion Are there areas where the characteristics of Opioid Treatment Programs make sense and can expand to? What characteristics or services should these areas have? Preliminary Feedback from LUPB: • Access to public transportation • Proximity to friends and family y KEN T o K E N T W A . G 0 V w­­ D 0 0 iscussion What code provisions do you think could help mitigate potential impacts? Preliminary Feedback from LUP6: • Fencing • Landscaping • Facility spacing requirements KENT a K E N T W A G 0 V w---,O„ Questions? Lindsay Walker Planner LiWalker@KentWa.Gov - KENrWF GoV t S C� i- i s. 2025 - 2030 TIP Update Review Outreach Adoption Briefings and project nominations Public involvement and feedback City Council public hearing I Draft Revision & CotW Staff update materials and Present to Committee of the recommendations Whole and revise 2 Kent TIP Storyboard QR Code } El., ❑■ 5 188th 5t N r 515 Ln I x 1 C d ti 1 00 . Kent TIP East HPI-Meridian S 216th 5t •, Green River Natural , Resources Area ■ 6-year Transportation ;-1 Q t, Improvement Program Moines *,4 " 1 ■ Programmed and �.~ ` -0 I SE 240th St. ` Reasonably expected ' r —' to °+ f } I n I f° Mill CA S6"256rh St .Earthworks ' 'Park r w �* l I Ln y 410 ` — — IS 277th St. zAN a, , I I — fi — — , � ,.. 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