HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/19/2010 d
3
b
CITY OF KENT
City Council Meeting
Agenda
October 19, 2010
Mayor Suzette Cooke
Jamie Perry, Council President
i
ti Councilmembers
c
Elizabeth Albertson
Ron Harmon
Dennis Higgins
Deborah Ranniger
Debbie Raplee
KENT
W A9XINGTON
Les Thomas CITY CLERK )
KENT CITY COUNCIL AGENDAS
KENT October 19, 2010
WAS MI VC.TO. Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President
Elizabeth Albertson Ron Harmon Dennis Higgins
Deborah Ranniger Debbie Raplee Les Thomas
**********************************************************************
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Intergovernmental Issues Michelle Witham 10 minutes
2. Green River Levee Tim LaPorte 50 minutes
**********************************************************************
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Public Safety Report
S. PUBLIC HEARINGS
None
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. Countywide Planning Policies Amendment Resolution - Adopt
D. Electric Vehicle Infrastructure, Zoning Code Amendment Ordinance -
Adopt
E. Auto Vehicle Repair in M3 Zones, Zoning Code Amendment Ordinance -
Adopt
(Continued)
COUNCIL MEETING AGENDA CONTINUED
F. Zoning Density Rounding Calculations, Zoning Code Amendment
Ordinance - Adopt
G. Animal Control Ordinance - Adopt
H. Panther Lake Property Lease Agreement - Approve
I. S. 277th Corridor Interlocal Agreement for Valley Communications Fiber
Optic Cable and Equipment -Authorize
J. 2011 Operating Budget (2"d hearing) - Set Hearing Date
K. 2011-2016 Capital Improvement Plan (2"d hearing) and Comprehensive
Plan Amendments - Set Hearing Date
L. Kent Comprehensive Plan and Amendments to Kent City Code Section
12.13 School Impact Fees - Set Hearing Date
M. 2010 Tax Levy for 2011 Budget - Set Hearing Date
N. Drug Free Communities Support Program Grant - Accept
O. Washington Traffic Safety Commission Mini-Grant - Accept
P. Valley Narcotics Enforcement Team Interlocal Cooperative Agreement
Addendum No. One - Approve
8. OTHER BUSINESS
None
9. BIDS
None
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Labor Negotiations
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.choosekent.com
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
y v V H V p J T T U 8
N � �
avon.o0 o - oco>_ n.E o G o v o c s
N +L-"Q 3-O 3 N O > t V R-O y0
3 C y '6 M�^-6 O V O_ ` V V N L R y V N W
oMc� �L � �rb.naYm E � oo °; uyv � b0 «?
N N V E- t O Q c V C R i c .� -O L C N .y..G C 3 G R O U E
o °_c°oav o �=p � p ° EmctO = L>i E�� � � uc m 3jo �a u
• ���sJ cm RR."' >_b0 �_ o� N�-Np Oc cN rO ao-vD a o
�c mo . n � a;ow � o O- p R_mC > O . J a��nN N T
°
u3We vma°i � 3R3 " ua-` �,-p � E � ro v��iWN cO-
�U
• �(V bG1 N L �=0 c �
E E
u o �mu� o E E -c c3
2m
0-03 � u< c bo. > um o. 0 i z c su onco
UE
pUJ
N u H N N u
AV V a E - W U F•, O T N V N c v c U Q °i ` ttl LL
v
> o33uuuj � ° v � Eov E E V
0 u p—, Yp > o
o Y o
� vU JEuV V � QLV 00 `O Lo CD
o E LQm
o-nk
C ` 'roEi
N oJO a B o E O t N
° > o N E pp
mE<m0EU u a
O u T C 3 N
YNp .O vN Cf0 <qVN - CC > CVC09> K C—C
w -0 — i s O V O C O U• a�� o =O NEbro� va ooN
uyv a zvv � 3cErooE � u =RQ�- bcpero�
Ep V s ° o o �N � p~ry �o v°-n mmmyMR m
� b
F
a�.c'-' � c� E � oen ccv _ emu EE:: °'V E C RLE o� '" cuo �
u > m 3 d _Q c 0 3 3 �^ 3 0 o o �,'
° Eoyvv V UU� �V'S � ERH�U V OG�� apwumRu ° c `tlu � 0v
z o
w •z=J
> W=
O
z
b �3
b
• s a n ^� v N Uoo av o E �^-, ,�,� v
N�zVj j aro b aNj VV -0i.Q Q
O T F
yV
p O W 3 U coO =U o
c c ^ O R
ros0 r� � 3 „ E �
LLI =`U -O 3 V C m-p V C -� pLLJ
C
>o— c°� c c oC o O o f < o E
co N< V V Q. W < O. W
u
c
v O O/ ^^ v+ N
ro b0 Q� S 'p
3 c 0` L 0. OL.. O v
N V OJ Qj Y V
T-O V_—0O N d n' 01 >' `] UI R �n N GJ > C
F3 v :E -0 o ro av
• -ca u v o eo 3 > � y 0 u R E � � - ro m au
• ocz � m 4T 3a a"ci � Ey mtm roam Eco
c N g E w J N > a >O G ro
3:TM— u o C. E v� 3 ouoc�
O i O
• V L d R pT N ` u 0` L-Op O
w N 3_ L S> v O T • V O `^ O C_ O
S� V T V ..R+ V ♦+ CDL'O 3 ^' O'p C-0 ��--
c-"v-' a� Q � n-p °-oNoE EN emo co� 3
oaci pVa v EEa a� u QEU`om �
a °„� ° a b E o w Y 3 `� Jc aoi w o Q ° a° �m u >
O.N c V v 7L� V N v N �- > c U N
cn Om f are yr V mQU > CL � Em.c Qm0 QmU.`"_.S v,
COUNCIL WORKSHOP
Z1) INTERGOVERNMENTAL ISSUES
2) GREEN RIVER LEVEE
i
i
f
i
f
1
�i
i
i
i
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
jA) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
I
■
3
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) PUBLIC SAFETY REPORT
t
i
t
1
PUBLIC COMMENT
` Kent City Council Meeting
Date 2010
Item No. 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through P.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of October 5, 2010.
7B. Approval of Bills.
Approval of payment of the bills received through September 15 and paid on
September 15 after auditing by the Operations Committee on October 5, 2010.
Approval of checks issued for vouchers:
Date Check Numbers Amount f;
9/15/10 Wire Transfers 4299-4317 $2,515,531.10
9/15/10 Regular Checks 646561-647003 1,189,440.39
Void Checks 646900 (641.40)
Use Tax Payable 949.08
$3,705,279.17
Approval of payment of the bills received through September 30 and paid on
September 30 after auditing by the Operations Committee on October 5, 2010.
Approval of checks issued for vouchers:
Date Check Numbers Amount
9/30/10 Wire Transfers 4318-4331 $2,630,128.60
9/30/10 Regular Checks 647004-647482 3,848,484.65
Void Checks 647006 (430.00)
Use Tax Payable 448.64
$6,478,631.89
(continued on back)
�f
7B. Approval of Bills. (continued) ,
Approval of checks issued for payroll for September 1 through September 15 and
paid on September 20, 2010:
Date Check Numbers Amount
9/20/10 Checks 319729-319941 $ 181,616.07
9/20/10 Advices 273078-273679 1,154,218.28
$1,335,834.35
Approval of checks issued for payroll for September 16 through September 30
and paid on October 5, 2010:
Date Check Numbers Amount
10/5/10 Checks 319942-320153 $ 170,165.37
10/5/10 Advices 273680-274286 1,161,607 07
$1,331,772.44
1
1
t
I
1
r
Kent City Council Meeting
KENO WASH IN6TON October 5/ 2010
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present- Albertson, Harmon, Higgins, Perry,
Ranniger, Raplee, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) No changes were made.
B. From the Public. (CFN-198) No changes were made.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) No recognition was given.
B. Community Events. (CFN-198) Ranniger announced the opening of the off-
leash dog park on East Hill and Raplee announced upcoming events at ShoWare
Center.
C. "Re Leaf" 2010 at Clark Lake Park. (CFN-155) Mayor Cooke noted that Clark
Lake Park is 130 acres with walking trails and provides habitat for numerous species.
Victoria Andrews explained the "Re Leaf' project and encouraged volunteers to contact
L her.
D. Make A Difference Day Proclamation. (CFN-155) Mayor Cooke noted that
Make A Difference Day is on October 23. Victoria Andrews said this will be at the off-
leash dog park which is about to open.
E. Master Gardener of the Year. (CFN-118) Parks Director Jeff Watling introduced
Ed LaCrosse, who has been named State Master Gardener of the Year. He noted that
LaCrosse leads a group of master gardeners who manage a garden in the back yard
of the Neely-Soames Homestead site. LaCrosse expressed appreciation for the
opportunity to work at the historical site.
F. Economic Development Report. (CFN-825/1298) Economic & Community
Development Director Ben Wolters announced that the City now owns the garage
which was formerly known as Project Springboard, and said it will now be called Kent
City Center. Brubaker and Hodgson spoke about the process which resulted in
ownership, and Wolters said the City is now seeking a developer who will build a
quality project on the site.
Wolters announced two new banks coming to East Hill, noted that bids for the
ShoWare marquee will be opened next week, and said that an Economic Development
Specialist has been hired.
PUBLIC COMMENT
In response to the Mayor's request, members of Boy Scout Troops 402 and 453
introduced themselves and explained that they are working on merit badges in
citizenship. (CFN-198)
1
Kent City Council Minutes October 5, 2010
CONSENT CALENDAR
Perry moved to approve Consent Calendar Items A through G. Thomas seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
September 21, 2010, were approved. ,
B. Approval of Bills. (CFN-104) Payment of the bills received through August 15
and paid on August 15 after auditing by the Operations Committee on September 21,
2010, were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/15/10 Wire Transfers 4259-4279 $2,583,940.68
8/15/10 Regular Checks 645830-646166 11543,352 70
Void Checks 645942 ($351.91)
Use Tax Payable 888.47
$4,127,829.94
Payment of the bills received through August 31 and paid on August 31 after auditing
by the Operations Committee on September 21, 2010, were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount
8/31/10 Wire Transfers 4280-4298 $2,299,981.27
8/31/10 Regular Checks 646167-646560 3,773,293.38
Use Tax Payable 764.26
$6,074,038.91
Checks issued for payroll for August 1 through August 15 and paid on August 20,
2010, were approved.
Date Check Numbers Amount
8/20/10 Checks 319282-319502 $ 171,653.18
8/20/10 Advices 271859-272471 1,172,247.11
$1,343,900.29
Checks issued for payroll for August 16 through August 31 and paid on September 3,
2010, were approved.
Date Check Numbers Amount
9/3/10 Checks 319503-319728 $ 169,296.06
9/3/10 Advices 272472-273079 1,150,743.55
$1,320,039.61
2
Kent City Council Minutes October 5, 2010
C. Qualified Energy Conservation Bonds Ordinance. (CFN-104) Ordinance
No. 3975 relating to an allocation of Qualified Energy Conservation Bonds for the
HVAC improvements at the River Bend Golf Course and authorizing the Mayor to sign
all related documents necessary for the issuance of the bonds, adjust the budget and
allocate funds accordingly was adopted, subject to approval of final terms and
conditions by the City Attorney and the Finance Director. The bonds will be issued as
taxable bonds at a rate of 4.67% and are eligible for a subsidy of 65% of the interest
cost paid by the U.S. Treasury. The effective rate paid by the City will be 1.63%.
D. 21s` Century Community Learning Centers Grant. (CFN-118) The grant from
the Washington Alliance for Better Schools in the amount of $6,190 for Mill Creek All
Stars and Millennium Elementary After School programs was accepted, amendment of
the budget and expenditure of the funds was authorized in accordance with the grant
agreement, and the Mayor was authorized to sign all necessary documents, subject to
terms and conditions acceptable to the City Attorney.
E. Communities Putting Prevention to Work Grant. (CFN-118) The grant
from the Seattle/King County Health Department under the Communities Putting
Prevention to Work Program in the amount of $180,000 was accepted, amendment of
the budget and expenditure of the funds was authorized in accordance with the grant
agreement, and the Mayor was authorized to sign all necessary documents, subject to
terms and conditions acceptable to the City Attorney.
F. Adaptive Recreation Position Adiustment. (CFN-118) A .20 full-time
employee increase within the Recreation Division to accommodate re-structuring
within the Adaptive Recreation Program and re-classification of the Recreation
Manager for Adaptive Recreation to Recreation Coordinator of Adaptive Recreation
was authorized.
G. EarthCorps Agreement. (CFN-118) The Mayor was authorized to sign all
necessary documents to contract with EarthCorps in the amount of $20,670 to
perform site restoration at Lake Fenwick and Earthworks Park.
REPORTS
A. Council President. (CFN-198) Perry announced that meetings on the 2011
budget will begin next week.
B. Mayor. (CFN-198) No report was given.
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
next meeting will be held at 5:00 p.m. on October 21.
E. Economic & Community Development Committee. (CFN-198) Perry noted
that the next meeting will be held on October 11 and that agenda items include
rounding calculations and DCE height limits.
3
Kent City Council Minutes October 5, 2010
F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will
be at 5:00 p.m. on October 12, and reported on the success of Prescription Drug Take
Back Day and the results of his recent attendance at the U.S. Governor's Highway
Safety Commission conference.
G. Public Works Committee. (CFN-198) No report was given. ,
H. Administration. (CFN-198) No report was given.
ADJOURNMENT
The meeting adjourned at 7:42 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
4
Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7C
1. SUBJECT: COUNTYWIDE PLANNING POLICIES AMENDMENT RESOLUTION -
ADOPT
j2. SUMMARY STATEMENT: Adopt Resolution No. , ratifying the King
County Countywide Planning Policies (CPPs) adopted by the Metropolitan King
County Council and pursuant to the Growth Management Act. The amendments
to the CPPs amend the interim Potential Annexation Area (PAA) map to expand
the PAA for the City of Renton, and describe the intended relationship between
transit service and densities.
j3. EXHIBITS: Resolution and preliminary minutes of 10/11/10 ECDC
4. RECOMMENDED BY: Economic & Community Development Committee
(Committee, Staff, Examiner, Commission, etc.)
iS. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
i
1'1
q
RESOLUTION NO.
tA RESOLUTION of the City Council of the
City of Kent, Washington, ratifying the King County
Countywide Planning Policies adopted by the
Metropolitan King County Council and pursuant to
the Growth Management Act.
RECITALS
A. The adoption of countywide planning policies is required under
the State Growth Management Act (GMA), pursuant to RCW 36.70A.210.
The Countywide Planning Policies (CPPs) provide a framework for Kent and
other cities in King County to conduct planning under the requirements of
GMA. This framework ensures that city and county comprehensive plans
are consistent. On August 23, 2010, the Metropolitan King County Council
approved and ratified amendments to the CPPs approved by the Growth
Management Planning Council (GMPC) amending the interim Potential
Annexation Area (PAA) map to expand the PAA for the City of Renton, and
1 amending CPPs FW-18, FW-19 and T-14 to describe the intended
relationship between transit service and densities, and to update and
clarify language in the framework policies. Now the amendments are
presented to jurisdictions in King County for ratification.
B. On August 23, 2010, the following GMPC motions to amend
the CPPs were approved and ratified by the full County Council:
. 1
Countywide Planning Policies
' Resolution
1. MPC Motion No. 10-1: Adopts a revision to the Interim
Potential Annexation Area (PAA) map to expand the PAA of the city of
Renton and proportionately reduce the PAA of the city of Kent. This '
revision places all of Soos Creek Park and Trail north of SE 208`h Street in
the Fairwood PAA. ,
2. MPC Motion No. 10-2: Amends the CPPs with regards to
transit service. The revisions reflect more clearly the appropriate service
intended for different types of areas, clarify the relationship among
jurisdictions regarding transportation system planning and development,
and provide more direct guidance for using transit service to advance the
County's growth management goals.
C. The King County Council approved and ratified these
amendments on behalf of King County pursuant to King County Ordinance
No. 16912. The Kent Economic & Community Development Committee i
reviewed these amendments at its meeting on October 11, 2010.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ,
RESOLUTION '
SECTION 1, - Amendment. The City of Kent, acting pursuant to the ,
interlocal agreement among King County, the City of Seattle, and
incorporated suburban cities, hereby ratifies the proposed amendments to
the Countywide Planning Policies as adopted by the Metropolitan King
County Council in King County Ordinance No. 16912, attached and
incorporated hereto as Exhibit A.
2 ,
Countywide Planning Policies
Resolution
r
SECTION 2. - Public Inspection. The amendments to the
Countywide Planning Policies adopted herein shall be filed with the City
Clerk and placed in the planning services office so they are available for
inspection by the public.
r
SECTION 3. - Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
' remaining portions of this resolution.
SECTION 4. - Ratification. Any act consistent with the authority
and prior to the effective date of this resolution is hereby ratified and
raffirmed.
SECTION 5. - Effective Date. This resolution shall take effect
immediately upon its passage.
I
PASSED at a regular open public meeting by the City Council of the
City of Kent, Washington, this _ day of , 2010.
r
CONCURRED in by the Mayor of the City of Kent this day of
2010.
rSUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
r 3
Countywide Planning Policies
Resolution
li
r
APPROVED AS TO FORM:
r
TOM BRUBAKER, CITY ATTORNEY
1
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the
day of , 2010.
BRENDA JACOBER, CITY CLERK '
P\Civil\Resolution\CountywidePlanning PolicnesRatify 2010 doc
r
r
r
r
r
4 i
Countywide Planning Policies
Resolution
r
EXHIBIT A
r KING COUNTY 1200 K1ng CountY courthouse
516 nmd Nenua
Seattle,W4 9$104
Signature Report
King Couka trty
August 23,2010
Ordinance 16912
Proposed No.2010-03I6 1 Sponsors Phillips and Patterson
i AN ORDINANCE adopting amendments to the
2 Countywide Planning Policies,adopting a revision to the
3 Interim Potential Annexation Area(PAA)map to expand
4 the PAA of the city of Renton and proportionately reduce
5 the PAA of the city of Kent,and amending Countywide
6 Planning Policies FW-I8,FW-19 and T-14 to describe the
7 intended relationship between transit service acid existing
a and planned densities,and ratifying the amended
9 Countywide Planning Policies for unincorporated King
10 County,and amending Ordinance 10450,Section 3,as
11 amended,and K C C 20 10 030 and Ordinance 10450,
12 Section 4,as amended,and K C C 20 10 040.
13 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY•
14 SECTION I Findings. The council makes the following findings:
is A. The metropolitan King County council adopted and ratified the Growth
16 Management Planning Council recommended King County 2012-Countywtde Planning
17 Policies(Phase I)in July 1992,under Ordinance 10450.
' 1
5
Countywide Planning Policies
Resolution
Ordinance 16912 '
18 B The metropolitan King County council adopted and ratified the Phase lI
19 amendments to the Countywide Planning Policies on August 15, 1994,under Ordinance
20 11446.
21 C The Growth Management Planning Council met on Apn128,2010 and voted ,
22 to recommend amendments to the King County Countywide Planning Policies,adopting
23 Motion 10-1 amending the PAA of the city of Renton shown in Attachment A to this
24 ordinance and adopting Substitute Motion 10-2 approving policy amendments as shown
25 on Attachment B to this ordinance ,
26 SECTION 2 Ordinance 10450,Section 3,as amended,and K.C.0 20 10.030 are
27 each hereby amended to read as follows•
28 Phase It.
29 A. The Phase II Amendments to the King County 2012 Countywide Planning
30 Policies attached to Ordinance 11446 are hereby approved and adopted
31 B The Phase It Amendments to the King County 2012-Countywide Planning ,
32 Policies are amended,as shown by Attachment 1 to Ordinance 12027
33 C The Phase II Amendments to the King County 2012-Countywide Planning
34 Policies are amended,as shown by Attachment 1 to Ordinance 12421
35 U The Phase 11 Amendments to the King County 2012-Countywide Planning
36 Policies are amended,as shown by Attachments l and 2 to Ordinance 13260
37 E. The Phase II Amendments to the King County 2012-Countywide Planning
38 Policies are amended,as shown by Attachments 1 through 4 to Ordinance 13415
39 F The Phase Il Amendments to the King County 2012-Countywide Planning
40 Policies arc amended,as shown by Attachments 1 through 3 to Ordinance 13858
6 r
Countywide Planning Policies
Resolution
Ordinance 16912
41 G. The Phase 11 Amendments to the King County 2012-Countywide Planning
42 Policies are amended,as shown by Attachment I to Ordinance 14390
43 H. The Phase II Amendments to the King County 2012-Countywide Planning
44 Policies are amended,as shown by Attachment i to Ordinance 14391
45 1. The Phase 11 Amendments to the King County 2012-Countywide Planning
46 Policies are amended,as shown by Attachment 1 to Ordinance 14392
47 J The Phase 11 Amendments to the King County 2012-Countywide Planning
48 Policies are amended,as shown by Attachment I to Ordinance 14652
49 K The Phase II Amendments to the King County 2012-Countywide Planning
50 Policies are amended,as shown by Attachments I through 3 to Ordinance 14653
t
51 L. The Phase 11 Amendments to the King County 20t2-Countywide Planning
' 52 Policies are amended,as shown by Attachment 1 to Ordinance 14654.
53 M The Phase 1I Amendments to the King County 2012-Countywide Planning
' 54 Policies are amended,as shown by Attachment 1 to Ordinance 14655.
55 N The Phase 1I Amendments to the King County 2012-Countywide Planning
1 56 Policies are amended,as shown by Attachments 1 and 2 to Ordinance 14656.
57 O. The Phase 1I amendments to the King County 2012-Countywide Planning
58 Policies are amended,as shown by Attachment A to Ordinance 14844 °
59 P. The Phase iI Amendments to the King County 2012-Countywide Planning
60 Policies are amended as shown by Attachments A,B and C to Ordinance 15121
61 Q The Phase I1 Amendments to the King County 2012-Countywide Pldnning
62 Policies are amended,as shown by Attachment A to Ordinance 15122
' 3
Countywide Planning Policies
Resolution
Ordinance 16912
63 R The Phase IT Amendments to the King County 2012-Countywide Planning
64 Policies are amended,as shown by Attachment A to Ordinance 15123
65 S, Phase U Amendments to the King County 2012-Countywide Planning
66 Policies are amended,as shown by Attachments A and B to Ordinance 15426,
67 T Phase U Amendments to the King County 2012-Countywide Planning
68 Policies are amended,as shown by Attachments A,B,and C to Ordinance 15709
69 U Phase II Amendments to the King County 20 12-Countywide Planning
70 Policies are amended,as shown by Attachment A to Ordinance 16056*
71 V Phase If Amendments to the King County 2012-Countywide Planning
72 Policies are amended,as shown by Attachments A,B,C,D,E, F and G to Ordinance
73 16151*
74 W Phase U Amendments to the King County 2012-Countywide Planning
75 Policies are amended as shown by Attachment A to Ordinance 16334*,and those items ,
76 numbered 1 though 11,13 and 15 as shown on Attachment B to Ordinance 16334*,are
77 hereby ratified on behalf of the population of unincorporated King County Those items
78 numbered 12 and 14,shown as struck-through on Attachment B to Ordinance 16334*,
79 are not ratified
8o X Phase II Amendments to the King County 2012-Countywide Planning
81 Policies are amended as shown by Attachment A to Ordinance 16335* '
82 Y Phase II Amendments to the King County 2012-Countywide Planning
83 Policies are amended as shown by Attachment A to Ordinance 16336
84 Z. Phase II Amendments to the King County 2012-Countywide Planning
85 Policies are amended,as shown by Attachment A and B to Ordinance 16747* ,
a
1
8
Countywide Planning Policies
Resolution
Ordinance 16912
86 AA Phase II Amendments to the Kure Countv 2012-Countywide Planning
87 Policies are amended as shown by Attachmerts A and B to Ordinance XXX
88 ShCT1ON 3 Ordinance 10450,Section 4,as amended,and K C C.20.10 040 are
89 each hereby diueudcd to read ds follows.
90 Ratification for unincorporated King County.
' 91 A Countywide Planning Policies adopted by Ordinance 10450 for the purposes
92 specified are hereby ratified on behalf of the population of unincorporated King County
i93 B. The amendments to the Countywide Planning Policies adopted by Ordinance
94 10840 arc hereby rau fled on behalf of the population of unincorporated King County.
95 C. The amendments to the Countrvide Planning Policies adopted by Ordinance
96 11061 are hereby ratified on behalf of the population of unincorporated King County.
97 D The Phase II amendments to the Kmg County 2012 Countywide Planning
' 98 Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of
99 unincorporated King County.
1 100 E. The amendments to the King County 2012 -Countywide Planning Policies,as
101 shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the
102 population of unincorporated King County,
103 F the amendments to the King County 2012-Countywide Planning Policies,as
104 shown by Attachment 1 to Ordinance 12421,are hereby ratified on behalf of the
105 population of unincorporated King County.
106 G. The amendments to the King County 2012-Countywide Planning Policies,as
' 107 shown by Attachments 1 and 2 to Ordinance 13260,are hereby ratified on behalf of the
108 population of unincorporated King County.
5
9
Countywide Planning Policies
' Resolution
Ordinance 16912 '
109 H. The amendments to the King County 2012-Countywide Planning Policies,as
110 shown by Attachments 1 through 4 to Ordinance 13415,are hereby ratified on behalf of ,
11l the population of unincorporated King County.
112 I The amendments to the King County 2012-Countywide Planning Policies, as
113 shown by Attachments 1 through 3 to Ordinance 13858,are hereby ratified on behalf of '
114 the population of unincorporated King County
115 J. The amendments to the King County 2012-Countywide Planning Policies,as '
116 shown by Attachment I to Ordinance 14390,are hereby ratified on behalf of the
117 population of unincorporated King County. '
118 K The amendments to the King County 2012-Countywide Planning Policies,as
119 shown by Attachment I to Ordinance 14391,are hereby ratified on behalf of the '
120 population of unincorporated King County.
121 L. The amendments to the King County 2012-Countywide Planning Policies,as
122 shown by Attachment l to Ordinance 14392,are hereby ratified on behalf of the '
123 population of unincorporated King County.
124 M The amendments to the King County 2012-Countywide Planning Policies,as
125 shown by Attachment 1 to Ordinance 14652,are hereby ratified on behalf of the
126 population of unincorporated King County r
127 N. The amendments to the King County 2012-Countywide Planning Policies,as
128 shown by Attachments t through 3 to Ordinance 14653,are hereby ratified on behalf of
129 the population of unincorporated King County
6
10 '
Countywide Planning Policies
Resolution
Ordinance 16912
' 130 O. The amendments to the King County 2012-Countywide Planning Policies,as
131 shown by Attachment 1 to Ordinance 14654,are hereby ratified on behalf of the
132 population ofu-nncorporated King County.
' 133 P The amendments to the King County 2012-Countywide Planning Policies,as
134 shown by Attachment I to Ordinance 14655,are hereby ratified on behalf of the
' 135 population of unincorporated King County
136 Q. The amendments to the King County 2012 -Countywide Planning Policies,as
137 shown by Attachments 1 and 2 to Ordinance 14656,are hereby ratified on behalf of the
139 population of unincorporated King County
139 R. The amendments to the King County 2012-Countywide Planning Policies,as
140 shown by Attachment A to Ordinance 14844,are hereby ratified on behalf of the
141 population of unincorporated King County.
' 142 S. The amendments to the King County 2012-Countywide Planning Policies,as
143 shown by,Attachments A,B aid C to Ordinance 15121,are hereby ratified on behalf of
1" the population of unincorporated King County.
145 T. The amendments to the King County 2012-Countywide Planning Policies,as
146 shown by Attachment A to Ordinance 15122, are hereby ratified on behalf of the
' 147 population of unincorporated King County.
148 U. The amendments to the King County 2012-Countywide Planning Policies,as
' 149 shown by Attachment A to Ordinance 15123,are hereby ratified on behalf of the
150 population of unincorporated King County
7
11
Countywide Planning Policies
Resolution
1
Ordinance 16912
151 V. The amendments to the King County 2012-Countywide Planning Policies,as
152 shown by Attachments A and B to Ordinance 15426,are hereby ratified on behalf of the ,
153 population of unincorporated King County. ,
154 W. The amendments to the King County 2012 -Countywide Planning Policies,
155 as shown by Attachments A,B, and C to Ordinance 15709,are hereby ratified on behalf
156 of the population of unincorporated King County
157 X. The amendments to the King County 2012-Countywide Planning Policies,as ,
158 shown by Attachment A to Ordinance 16056*are hereby ratified on behalf of the
159 population of unincorporated King County. ,
160 Y The amendments to the King County 2012 -Countywide Planning Policies,as
161 shown by Attachments A, B,C,D,E,F and C to Ordinance 16151*,are hereby ratified
162 on behalf of the population of unincorporated King County.
163 Z The amendments to the King County 2012-Courrywide Planning Policies,as
164 shown by Attachment A to Ordinance 16334*, and those items numbered 1 through 11,
165 13 and 15,as shown in Attachment B to Ordinance 16334*,are hereby ratified on behalf
166 of the population of unincorporated King County. Those items numbered 12 and 14, ,
167 shown as struck-through on Attachment B to Ordinance 16334*,are not ratified
168 AA The amendments to the King County 2012-Countywide Planning Polices,
169 as shown by Attachment A to Ordinance 16335* are hereby ratified on behalf of the '
170 population of unincorporated King County.
171 BB The amendment to the King County 2012-Countywide Planning Policies,
172 as shown by Attachment A of Ordinance 16336*,is hereby ratified on behalf of the
173 population of unincorporated King County. Additionally,by Ordinance 16336*,an ,
8
12 '
Countywide Planning Policies
Resolution
t {
1 Ordinance 16912
1 174 amendment to the Interim Potential Annexation Area Map to include any additional
175 unincorporated urban land created by the Urban Growth Area(UGA)amendment in the
1 176 Potential Annexation Area of the city of Black Diamond is hereby ratified on behalf of
177 the population of unincorporated King County.
' 178 CC. The amendments to the King County 2012-Countywide Planning Policies,
179 as shown by Attachment A and B to Ordinance 16747*are hereby ratified on behalf of
' 180 the population of unincorporated King County
i
1
1
i
1
1
i
1
1 9
1 �
1 13
Countywide Planning Policies
1 Resolution
Ordinance 16912
181 DD The amendments to the King County 2012-Countywide Plammne Policies as
192 shown by Attachments A and B to Ordinance XXX are hereby ratified on behalf of the
183 population of unincorporated Ktn�County
184 '
Ordinance 16912 was introduced on 7/2 612 0 1 0 and passed by the Metropolitan King '
County Council on 8/23/2010,by the following vote
Yes 6-Mr Phillips,Mr von Retchbauer,Ms Hague,Ms Patterson, '
Ms Lambert and Mr Ferguson
No 0
Excused:3-Ms Drago,Mr Gossett and Mr Dunn '
KING COUNTY COUNCIL ,
KING COUNTY,WASHINGTON
— " " --W
Rolxrt W Ferguson,Chao
ATTEST
Anne Nons,Clerk of the Council ,
APPROVED this 21 day of S+' ,2010
Dow Constantine,County Executive
Attachments:A-Motion 10-1,B Subsnmte Motion No 10-2
10
14 '
Countywide Planning Policies
Resolution
' 16912
4/28110
Sponsored By: Executive Committee
Ikw
I MOTION NO. 10-1
2 A MOTION to amend the interim Potential Annexation Area
3 map in the Countywide Planning Policies to expand the
4 Potential Annexation Area for the City of Renton.
5
6 WHEREAS,Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative
7 designation of Potential Annexation Areas(PAA)and the eventual annexation of these
8 areas by cities,
9
10 WI IEREAS,the attached PAA map amendment removes an unincorporated urban area
I I currently assigned to the PAA for the City of Kent and adds this area to the City of
12 Renton's PAA,and
13
14 WHEREAS,the attached PAA map amendment is supported by both the cities of Renton
15 and Kent and by King County
' 16
17 BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANKING COUNCIL OF
18 KING COUNTY HEREBY MOVES AS FOLLOWS
19
' 20 1 Amend the Interim Potential Annexation Area(PAA)Map by shifting the
21 unincorporated urban area now within the PAA of the City of Kent shown on
22 attachment A of this motion,to the PAA of the City of Renton
23
' 24 2. This amendment is recommended to the Metropolitan King County Council and the
25 Cities of King County for adoption and ratification
26
27 ADOPTED by the Growth Management Planning Council of King County on April 28,
28 2010 in open session,and signed by the chair of the GMPC
29
30
31
32 Dow Constantine,Chair,Growth Management Planning
33 Council
i
15
Countywide Planning Policies
Resolution
3
16912
4f28/10 ,
Sponsored By Executive Committee
/th/kw
1
2
3
4
5 SUBSTITUTE
6 MOTION No. 10-2
7
8 '
9 A MOTIflN to approve amendments to the Count,wide Planning Policies FW-
10 18,FW-19 and T-14 to describe the intended relationship between transit service
I I and existing and planned densities,and updating and clarifying language in the
12 framework policies
13
14
15 WHEREAS,in 2009 the Growth Management Planning Council approved new targets for
16 growth in housing units and employment for all jurisdictions within King County,and ,
17
18 WHEREAS,the Growth Management Planning Council recognized that the new growth
19 targets represented a significant increase in the expectations for some cities,and
20
21 WHEREAS,during discussions of the new growth targets,some cities expressed concem
22 about the relationship between growth and the delivery of regional services,and
23 '
24 WHEREAS,the Growth Management Planning Council directed staff to prepare new CPP
25 policy language that would prioritize regional service delivery in ways that promote the
26 regional growth strategy,and
27
28 WHEREAS,the intedurrsdictional staff team presented its analysis of existing Countywide '
29 Planning Policies related to service delivery along with a set of recommended changes at
30 meeting of the Growth Management Planning Council on March 17,2010,
31
32 NOW THEREFORE,BE IT RESOLVED THAT TEES GROWTH MANAGEMENT
33 PLANING COUNCIL OF KING COUNI Y HEREBY MOVES IO AMEND CERTAIN
34 POLICIES IN THE COUNTYWIDE PLANNING POLICIES AS FOLLOWS
35
36
37 FWAS The land use pattern shall be supported by a balanced transportation system which
38 provides for a variety of mobility options, ia e:ot.veEy planned '
16
Countywide Planning Policies
Resolution
16912
39 including 1)a high-capacity
40 transit system which that links the Urban Centers,arici4s-wpperte44yan-a#ewswe
41 In gh GccupanGy Yeh Gle system,Weal 21 a system of bus
42 and other transit modes that links Centers provides circulation within the Centers,
43 and links to the non-center Urban Areas;,31 a high-occupancy vehicle system that
44 links Urban Centers and 41non-motorized travel options.
45
' 46 RN-19 ,m-ceeperai}en-with ME'Fon .he-Me4roppe itan-P!ammng
47 Organ nation The County and cities should work cooperatively with the Puget Sound
48 Regional Council,and the State,and other relevant agencies to shalt finance and
49 develop a balanced transportation system that enhances regional mobility and
50 reinforces
51 the Countywide vision for managing growth The
52 Vision 20202040 Regional Growth&tFategies Strategy shall be recognized as the
53 framework for creating a regional system of Centers linked by high-capacity transit
54 and an interconnected system of freeway high-occupancy vehicle lanes,and
55 supported by a t+ansrt system of bus and other transit options
56
57 T-14 METRO should-develop£ran51Uk-Oei-a sery ee—e aar
58 afe";Ies W! ectatfenst
59 gFewth-Wanagement hesestandardsrheuldcensIdeF E#jatFOUte-spafing
60 standards are neiies5are for differing sewice eandition5 including.
61
62 a ServiEe between designated CeHteFs seFied by high capacity transit,
63 b—SeFyieey-tFansrtand
64 a Sep�ce to areas de.-,,ntef_In support of countywide growth
65 management obiectves,pnontize transit service throughout the county
66 to areas where existing housing and employment densities support
67 transit ridership and to Urban Centers and other areas planned for
68 housing and employment densities that will support transit ridership In
69 allocating transit service strive to meet the mobility needs of transit-
, 70 dependent populations and provide at least a basic level of service to all
71 urban areas of the county
72
73
74
75 Adopted by the Growth Management Planning Council of King County on April 28,2010
76 in open session,and signed by the chair of the GMPC
7
78
79
80 Dow Constantine,Chair,Growth Management Planning Council
81
17
Countywide Planning Policies
Resolution
•
�- KENT
WASHINGT^. n
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
OCTOBER 11, 2010
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah
Ranniger. Chair Perry called the meeting to order at 5:00 p.m.
Council Chair Perry reported that Agenda Item #6 on DCE Height Limits has been moved to
the November 8, 2010 meeting.
1. APPROVAL OF MINUTES
' Councilmember Ranninger MOVED and Councilmember Albertson SECONDED to
approve the July 12, 2010 Minutes. Motion PASSED 3-0.
2. Economic Development Report
Economic & Community Development Manager Kurt Hanson stated that the City will open
bid proposals for the new marquee at ShoWare Center Tuesday October 12 at 1:00 p.m. He
stated that there has been a lot of interest and staff anticipates the bid amount to come in
below the projected budget of $225,000 Hanson stated that it will likely be the end of
December before the marquee would be installed.
For Information Only
3. Countywide Planning Policies Amendment-King County Council Ordinance
No. 16912
Planning Manager Charlene Anderson reported that this proposal relates to the ratification of
amendments to the Countywide Planning Policies (CPPs). The CPPs provide a framework for
Kent and other cities in King County to conduct planning under the State Growth
Management Act (GMA) requirements and ensures that city and county comprehensive
plans are consistent.
Anderson stated that two policy amendments were approved by the Growth Management
Planning Council (GMPC); MPC Motion No. 10-1 adopts a revision to the Interim Potential
Annexation Area (PAA) map to expand the PAA of the City of Renton and proportionately
reduce the PAA of the City of Kent. The revision places all of Soos Creek Park and Trail
north of SE 208th in the Renton PAA. MPC Motion No. 10-2 amends the CPPs with regard to
transit service. The revisions reflect the appropriate service intended for different types of
urban areas, clarify the relationship among jurisdictions regarding transportation system
planning and development, and supports the County's growth targets.
' Planning Director Fred Satterstrom stated that when Kent proposed to annex the Panther
Lake area, the city used the western boundary of Soos Creek Park as its eastern boundary
for the annexation area. When Renton proposed the Fairwood annexation, it included the
Soos Creek Park north of SE 208th Street in the annexation area.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the full Council ratification of amendments to the
Countywide Planning Policies (CPPs) approved under Growth Management
Planning Council (GMPC) Motions No. 10-1 and 10-2 amending the interim
Potential Annexation Area (PAA) map to expand the PAA for the City of Renton,
and amending the CPPs to describe the intended relationship between transit
service and densities, and to update and clarify language in the framework
policies. Motion PASSED 3-0.
4. Electric Vehicle Infrastructure ZCA-2010-3
Senior Planner Erin George reported that this proposed code amendment amends Kent City
Code (KCC) Chapter 15.02 (Definitions), 15.04 (District Regulations), 15.05 (Off-Street 'y
Parking) and 11 03 (Environment Policy). George stated that the Nissan Leaf will be
available December 2010 at a cost of $33,720 with a $7500 tax rebate. She stated that
1300 of these cars have been reserved in Washington.
George stated that Electric Charging Stations will be installed along Interstate Hwy I-5 and
I-90. She described Level 1, Level 2 and Level 3 charging systems stating that Level 2 will
be the standard for home usage whereas Level 3 defined as Rapid Chargers are akin to gas
pumps in size and will primarily be utilized for commercial uses and along highways.
George stated that staff recommends allowing Type 1, 2 and 3 chargers in all zones as
accessory uses, but limitingrapid chargers within residential zones to "general conditional
uses" such as schools or firehouses.
George described battery exchange stations whereby a drained battery can be swapped for
a fully charged battery within five minutes. She explained that staff considers these
stations as similar in nature and appearance to gas stations or car washes. She stated that
staff recommends allowing these stations in all commercial and industrial zones, but only as
accessory uses where gas stations are not currently allowed (such as downtown).
George stated that State legislation passed House Bill 1481 mandating local governments to
allow electric vehicle infrastructure in all areas not zoned for residential, resource use, or
critical areas. George directed attention to her report and the ordinance regarding staff's
recommended language.
Committee member Ranniger cautioned against limiting areas where battery exchange
stations could be placed, explaining that she sees them as most likely to be built as
secondary to other uses such as a grocery store or car wash Committee member Albertson
raised a concern about parking and how long electric vehicles would be allowed to occupy a
space. George directed attention to the proposed code changes, explaining that by allowing
battery exchange stations in all commercial and industrial zones, whether outright or
accessory, the combination of uses described by Ranniger would be accommodated. She
also explained that property owners would have the option to apply time limits to EV
parking stalls through use of signage.
Councilmember Ranniger MOVED and Councilmember Albertson SECONDED a
Motion to approve the Electric Vehicle Infrastructure Zoning Code Amendment No.
2010-3 as recommended by the Land Use & Planning Board. Motion PASSED 3-0.
S. Vehicle (Auto) Repair in M3 Zones
Long-Range Planner William D. Osborne stated that staff recommends an Option 2 which
amends KCC 15.04.090 and 15.04 100 with specific criteria to allow automobile repair,
washing services and auto body work uses in the General Industrial (M3) Zoning District
under limited conditions. Option 2 allows limited development and adaptive reuse for auto
repair at locations and in existing structures within the M3 Zoning District not generally
suitable for exclusive industrial use. Auto repair would not be allowed in those areas
already built out for warehouse distribution.
Ted Almeida, 7604 S. 212th Avenue stated that a third of the M3 zone is occupied by the
Manheim Fleet Business where his business anticipates servicing clients from. He stated
that at this time 25,000 cars travel that route on a daily basis He stated that many
potential customers by-pass this area, to be serviced in Auburn. With approval of this
proposal, he will be able to retain the customer base in Kent.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the Full Council approval of an amendment to the Zoning
Code per Option 2 to allow limited auto repair in the M3 Zoning District as
recommended by the Land Use & Planning Board. Motion PASSED 3-0.
6. Zoning Density Rounding Calculation IZCA-2010-11
Planning Manager Charlene Anderson explained how zoning density rounding is calculated.
She explained that several options were presented to the Land Use and Planning Board
(LUPB). The Board recommended approval of Option 5c, which does not allow rounding in
ECDC Minutes
October 11, 2010
Page 2of3
subdivisions located within A-10, SR-1, and SR-3 zoning districts, nor within the Lake
Meridian Watershed.
L Anderson stated that rounding is one way that developers could achieve additional
development in balancing the other requirements of the residential standards.
Anderson stated that rounding became an issue in part due to a short subdivision in the
Lake Meridian area where a minimal amount of property was purchased that would allow
the parcel to have two lots in a small short plat instead of just the one lot that would have
otherwise been allowed, had they not added 121 square feet. There was a concern that the
additional lot would affect water quality and be out of character with the other housing
developments surrounding that subdivision.
The Committee discussed the rounding options concluding that Option 3 was seen as too
open-ended with Option 5c perceived as restrictive in some areas, but leaving the rest of
the city open where implementing constraints might be important.
Perry proposed an option which amended Option 4, creating a graduated approach to
rounding based on the total size of a plat or multifamily development. She stated that her
proposed option would be applied city-wide.
Sally McDonough, 26441 137th Avenue SE, Kent stated that rounding will have the greatest
effect on smaller parcels voicing support in denying rounding for those parcels SR 4.0 or
smaller in size As suggested by the LUPB critical areas such as watersheds should be ;
considered for incorporation into this amendment.
Ranniger MOVED and Albertson SECONDED a Motion to recommend to the City
Council an amendment of the Kent City Code regarding the calculation of
maximum permitted density as amended by Council President Perry: For short
plats or subdivisions of 9 lots or less, and for determining maximum allowable
density for 9 or fewer dwelling units use the following calculation: a) less than 4
lots or dwelling units — no rounding, b) less than or equal to 4, 5, or 6 lots or
dwelling units - .85 rounds up, less than .85 rounds down, c) less than or equal to
7, 8 or 9 lots or dwelling units - .75 rounds up, less than .75 rounds down. Motion
PASSED 3-0.
7. Consideration of Extending Preliminary Short Plat Aoorovals & Extending
the Validity of Issued Building Permits
Planning Manager Charlene Anderson stated that the purpose of action on this issue is to
obtain the Committee's concurrence with approval to allow the LUPB to consider the
extension of preliminary short plat approvals and forward a recommendation to the ECDC
concurrently with an agenda item to consider extending the period of validity of issued
permits.
Anderson presented options to the Committee. The Committee deliberated, deciding that
no additional time extensions should be granted and taking no action on this item.
8. 2010 Annual Docket Report
Long-Range Planner William D. Osborne described the docketing process and presented
submittals Docket No's: Dkt-2010-1 through Dkt-2010-5. Dkt-2010-6 was added to the
report to revise Kent's Urban Center boundary to remove an area east of Central Avenue or
State Avenue proposed by the LUPB. He stated that the City received fees on the Kentara
submittal therefore it will be included in the Work Program as CPA-2010-3. Osborne stated
that a recommendation will be presented to the ECDC in November.
For Information Only
Adiournment
Council Chair Perry Adjourned the Meeting at 6:30 p.m.
1 Pamela Mottram, Economic &Community Development
Committee Secretary
ECDC Minutes
October 11, 2010
Page 3 of 3
Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7D
1. SUBJECT: ELECTRIC VEHICLE INFRASTRUCTURE, ZONING CODE
AMENDMENT ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. , amending Kent
City Code to allow electric vehicle infrastructure pursuant to House Bill 1481
(HB 1481). The purpose of HB 1481 is to encourage the transition to electric
vehicle use and expedite the establishment of a convenient and cost-effective
electric vehicle infrastructure that such a transition necessitates. Electric vehicle
infrastructure supports an electric vehicle and includes battery charging stations,
rapid charging stations and battery exchange stations. This ordinance would
allow battery charging stations in all zoning districts as accessory uses, but would
limit rapid charging stations in residential zones only to those that are accessory
to a general conditional use. Battery exchange stations would be allowed in all
commercial and industrial zones, but only as accessory uses where gas stations
are not currently allowed. The ordinance would also adopt design and parking
standards for charging stations.
I'o
3. EXHIBITS: Ordinance, preliminary minutes of 10/11/10 ECDC, Staff memos
from 10/11/10 ECDC and 9/27 LUPB without attachments
4. RECOMMENDED BY: Economic & Community Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No X
' 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
1
I
i
i
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Kent City
Code Chapters 15.02, 15.04, 15.05 and 11.03 to
allow electric vehicle infrastructure.
RECITALS
A. During the 2009 session, the Washington State Legislature
passed House Bill 1481 (HB 1481), an Act relating to electric vehicles. The
IBill addressed electric vehicle infrastructure including the structures,
machinery, and equipment necessary and integral to support an electric
vehicle, including battery charging stations, rapid charging stations, and
battery exchange stations.
B. The purpose of HB 1481 is to encourage the transition to
jelectric vehicle use and to expedite the establishment of a convenient and
cost-effective electric vehicle infrastructure that such a transition
necessitates. The Legislature agreed that the development of a convenient
infrastructure to recharge electric vehicles is essential to increase
consumer acceptance of these vehicles. The State's success in
encouraging this transition will serve as an economic stimulus to the
creation of short-term and long-term jobs as the entire automobile
industry transforms over time from combustion to electric vehicles.
i
1 Electric Vehicle Infrastructure
C. Greenhouse gas emissions related to transportation constitute
more than fifty percent of all greenhouse gas emissions in the State of
Washington. The use of electricity from the Northwest as a transportation
fuel instead of petroleum fuels results in significant reductions in the
emissions of pollutants, including greenhouse gases, and reduces the
reliance of the state on imported sources of energy for transportation. The
City of Kent Comprehensive Plan contains goals and policies encouraging
conservation of natural resources to improve regional air quality and
supporting intergovernmental programs that seek to reduce greenhouse
gas emissions.
D. RCW 35.63.126(1) requires that jurisdictions, like the City of
Kent, adjacent to Interstate 5 with a population of over twenty thousand
and located in a county with a population over one million five hundred
thousand must allow electric vehicle infrastructure as a use in all areas ,
except those zoned for residential, resource use, or critical areas.
E. Most private electric vehicle charging will be done in
residential settings, and therefore allowing electric vehicle infrastructure in
these areas is in the public interest. Businesses may want to install
electric vehicle infrastructure to serve their customers, and therefore
allowing this infrastructure in these areas is also in the public interest.
i
F. Pursuant to RCW 35.63.126(1), this ordinance proposes to
amend development regulations found in the Kent City Code, Chapter
15.02 (Definitions), 15.04 (District Regulations), 15.05 (Off-Street
Parking) and 11.03 (Environment Policy) to allow electric vehicle
infrastructure.
i
G. The City's State Environmental Policy Act (SEPA) Responsible
Official has determined that these amendments to the Kent City Code are
procedural in nature, and therefore exempt from SEPA review.
2 Electric Vehicle Infrastructure
i
H. On September 7, 2010, notice was sent to the Washington
State Department of Commerce requesting expedited review for an
amendment to development regulations. On September 22, 2010, the City
iwas granted expedited review and was informed that it had met the
Growth Management Act notice requirements under RCW 36.70A.106.
i
I. The Land Use and Planning Board considered this matter at its
! September 13, 2010 workshop and held a public hearing on September 27,
2010. The Economic and Community Development Committee considered
ithis matter at its October 12, 2009 and October 11, 2010 meetings.
tNOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
I
ORDINANCE
SECTION 1. - Amendment. Chapter 15.02 of the Kent City Code is
amended as follows:
Sec. 15.02.051. Battery charging equipment.
Battery charging eauloment means an electrical component
rassembly or cluster of component assemblies designed specifically to
charge batteries within electric vehicles, which meet or exceed any
rstandards, codes, and regulations set forth by chapter 19.28 RCW and
consistent with rules adopted under RCW 19.27.540.
Sec. 15.02.052. Battery exchange station.
Battery exchange station means a fully automated facility that will
enable an electric vehicle with a swappable battery to enter a drive lane
iand exchange the depleted battery with a fully charged battery through a
fully automated process, which meets or exceeds any standards, codes,
3 Electric Vehicle Infrastructure
>
i
and regulations set forth by chapter 19.27 RCW and consistent with rules
adopted under RCW 19.27.540.
Sec. 15.02.072. Charging levels.
Charging levels means the standardized indicators of electric force,
or voltage, at which an electric vehicle's battery is recharged. The terms
1, 2, and 3 are the most common EV charging levels, and include the
following specifications:
• Level 1 is considered slow charging.
• Level 2 is considered medium charging.
• Level 3 is considered fast or rapid charging.
Sec. 15.02.130.1. Electric vehicle (EV).
Electric vehicle (EV) means any vehicle that operates, either
partially or exclusively, on electrical energy from the grid, or an off-board i
source, that is stored on-board for motive purpose.
Sec. 15.02.130.2. Electric vehicle (EV) charging station.
Electric vehicle (EV) charging station means a public or private
parking space that is served by battery charging equipment that has as its
primary purpose the transfer of electric energy (by conductive or inductive '
means) to a battery or other energy storage device in an electric vehicle.
i
Sec. 15.02.130.3. Electric vehicle charging station - public.
Electric vehicle charging station - public means an electric vehicle '
charging station that is (1) publicly owned and publicly available (e.g.,
Park & Ride parking public library parking lot on-street parking), or (2) '
privately owned and publicly available (e.g., shopping center parking, non-
reserved parking in multi-family parking lots). i
4 Electric Vehicle Infrastructure
1
I
Sec. 15.02.130.4. Electric vehicle charging station -
irestricted.
Electric vehicle charging station - restricted means an electric
vehicle charging station that is (1) privately owned with restricted access
(e.g. single-family home, executive parking, designated employee parking)
or (2) publicly owned and restricted (e.g., fleet parking with no access to
the general public).
Sec. 15.02.130.5. Electric vehicle narking space.
IElectric vehicle parking space means any marked parking space that
identifies the use to be exclusively for the parking of an electric vehicle.
r
Sec. 15.02.335.2. Rapid charging station.
iRapid charging station means an industrial grade electrical outlet
that allows for faster recharging of electric vehicle batteries through higher
power levels and that meets or exceeds any standards, codes, and
regulations set forth by chapter 19.28 RCW and consistent with rules
adopted under RCW 19.27.540.
j
i
I
5 Electric Vehicle Infrastructure
i
SECTION 2, - Amendment. Chapter 15.04 of the Kent City Code
is amended as follows:
15.04.060. Transportation, public, and utilities land use.
Zoning Districts
Key
P=Principally
Permitted
i
Uses y y
S=Special > > a °'
E
Uses r t E
c m
C' s v3 3 ¢ o
U
Conditional r I
Uses m v
A=Accessory m `s = CD
Uses 'g p �' >
C
N U T O
E E o
m E
a
m m
K CL U
2 Z
Commercial
parking lots or C C
structures
Traand transit C C C C C C C C C C C C C C C C C C C C C C C C C P C
and transit
facilities
(fi)
Railway and
bus depots, C C C C
taxi stands
Utility and
transportation C C C C C C C C C C C C C C C C C C C C C C C C C C C
facilities
Electrical
substations
pumping or
regulating
devices for the
transmission
of water gas
steam
petroleum etc
Public
facilities C C C C C C C C C C C C C C C C P C C C C C C C C C C
Firehouses
police stations,
libraries and
admmistratwe
offices of
governmental
agencies
primary and
secondary
schools,
vocational
schools,and
colleges
Accessory '
uses and q A A A A A A A A A A A A A A A A A A A A A A A A A
buildings
customarily
appurtenant to (�)
a permitted
use
Wireless
telecommunic p p p p p p p p p p p p p p p p
abons facility
(wrF)by (2) (2) (2) (2) (2) (2) (f) (f) (f) (2) (U (t) (1) (1) (t) (t)
administrative
approval
(3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (S) (S) (3) (3) (S) (S)
6 Electric Vehicle Infrastructure
Zoning Districts
Key
P Principally
Permitted m —cm
Uses N h
S=Special t 'o 'o a E
Uses . o
C= 3 3 Of U
Uses Conditional w, -5 V
Uses w, -5
A=Accessory c c
d
Uses o a >
c
v U
f
LY of ti
T T C 00
J — E
E E E o
N ° z
~ U
Z
Wireless
telecommunic C C C C C C C C C C C C C C C C C C C C C C C C C
ahons facility
(WTF)by (5) (5) (8) (8) (8) (8) (8) (8) (8) (8) (5) (5) (51 (8) (5) (4) (4) (4) (5) (4) (4) (4) (4) (4) (4)
conditional
use permit (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3) (3)
EV Charging A A A A A A A A A A A A A A A A A A A A A A A A A A
Station _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
9 9 9 9 9 9 9 9 9 19 12 19 9 9 9 9 12 19 9 9 12 12 12 12 9 9 9 9
Rapid A A A A A A A A A A A A A A A A A A A A A A A A A _
Rabid Charging — — — — — — — — — — — — — — — — — — —
Station
to to to to to to to io to to to m to
j15.04.065 Transportation, public, and utilities land use
development conditions.
i1. For WTF towers ninety (90) feet or less for a single user and up
to one hundred twenty (120) feet for two (2) or more users.
2. For WTF towers that are within the allowable building height for
the district in which they are located.
3. All WTFs are subject to applicable portions of KCC 15.08.035.
4. A conditional use permit for a WTF is required if it is greater than
ninety (90) feet for a single user or one hundred twenty (120) feet for two
(2) or more users.
5. A conditional use permit is required if the WTF exceeds the
allowable building height of the district.
r6. Transportation and transit terminal, including repair and storage
facilities and rail-truck stations, except classification yards in the category
iof "hump yards."
' 7 Electric Vehicle Infrastructure
i
7. Accessory uses shall not include vehicular drive through, drive- ,
in, or service bay facilities.
S. If on property owned, leased or otherwise controlled by the city
or other government entity subject to KCC 15.08.035(I).
9. Level 1 and 2 charging only.
10. Only as part of a general conditional use identified in KCC
15.08.030.
15.04.070 Wholesale and retail land uses. I
Zoning Districts
Key
P
Principally
Permitted
Uses
S=Special
Uses
C
Conditional
Uses
A=
Accessory -
Uses
_
Bakeries and
P P P P
confeuioneri
es (2)
Wholesale
bakery P P
Bulk retail P P P P P
Recycling
centers C P
Retail sales
of lumber, P P P
tools and
other
building
materials,
including
preassemble
tl products
Hardware
paint,tile P P P P P P P
and
wallpaper (11) (2)
(retail)
Farm
equipment L
p
8 Electric Vehicle Infrastructure
Zoning Districts
Key
P=
Principally
Permitted
Uses
S=Special
Uses
C=
Conditional
Uses =
A=
Accessory
Uses I
m
General
merchandise p P P P P p
Dry goods,
denary and
department (11) (2)
stores(retail)
Food and P p p p p p S P 1'(1
P
convenience
stores(retail)
(11) (12) (4) 2) (2)
Automobile,
aircraft
motorcycle P P P
boat,and
recreational
vehicles
sales(retail)
Automotive,
aircraft P P P P P P P P
motorcycle
and marine (13) (13) (5) (2)
accessories
(retail)
(13)
Gasoline S S S S S S S S C
service
stations
(6) (6) (6) (6) (6) (6) (6) (6)
Apparel and P P IP I P P I A P
accessories
(retail)
111) let (2)
Furniture
home P P P P P P p
furnishing
(retail) (11] 21
Eating and
drinking P P P P P P P A P P P P
establishmen
Is(no drive-
through) I o1) (15) (5) (2)
Ealing and
S C P S P P
dunking
establishmen (6) (7) (6) (20) (2)
Is(with drive-
through) (20) (20) (20) (3)
(20)
Eating
emploellitl s for
employees A A A A
9 Electric Vehicle Infrastructure
Zoning Districts
Key
P=
Principally
Permitted
Uses
S=Special if Y
Uses
C=
Conditional
Uses
A
Accessory
Uses
Planned
development C
retail sales
Drive-
through/drive C P P P P P
-up
businesses (22) (20) (20) (20)(20) (20)
(commercial/
er
retail—other
than
eating'dnnkin
9
stabhshmen
is)
Miscellaneou
s retail P P P P P P A A p
Drugs
antiques, (11) (15) (8) (2)
books,
sporting
goods
jewelry
florist photo
supplies
video rental
computer
supplies etc
Liquor store P P P P P P P P
(t t) 2)
Farm
supplies, P P P
hay,gram,
feed,
fencing,etc
(retail)
Nurseries
greenhouses P P P
,garden
supplies,
tools etc
Petshops P P P
(retail and
grooming)
2I
Computers
and P P P P P
electronics
(retail) (2)
Hotels and P P P P P P
motels
(11)
10 Electric Vehicle Infrastructure ,
Zoning Districts
Key
P=
Principally
Permitted
Uses
5=Special
Uses
C=
Conditional
Uses
A=
Accessory
Uses
Ot
Complexes
which P P
include
Combinations
off uses,uses,
including a
mixture of
office light
manufacturm
g storage
and
commercial
uses
Outdoor
storage P p A A A A A P I
(including
truck,heavy
equipment, (19)(19)(19) (18) (19)(19)(19) (19)
am
contractor
storage
yards as
allowed by
development
standards,
KCC
1504 190
and
15 04 195)
Accessory
uses and A A A A A A A A A A A A A A A A A A A A A A A A A A
u ildurgs
c
cusstomatoma
rily appurtenant (g) (16)(16)(17) (17)(16)(16)(16) (18)
to a
permitted
use
Agriculturally C
related retail
21)
Batter-Exchange
S S A A S S A 5 S S A A
Exchange
Station
23 23 23 23 23 23 23 23 23 23 23
11 Electric Vehicle Infrastructure
i
15.04.080 Wholesale and retail land use development
conditions.
1. Bulk retail uses which provide goods for regional retail and
wholesale markets; provided, that each use occupy no less than forty-
three thousand five hundred sixty (43,560) square feet of gross floor area.
2. All sales, storage, and display occur within enclosed buildings.
3. Provided that any restaurant with drive-in or drive-through
facilities shall be located a minimum of one thousand (1,000) feet from
any other drive-in restaurant use.
4. Convenience and deli marts are limited to a maximum gross floor
area of three thousand (3,000) square feet. '
S. Uses shall be limited to twenty-five (25) percent of the gross
floor area of any single- or multi-building development. Retail and service
uses which exceed the twenty-five (25) percent limit on an individual or
cumulative basis shall be subject to review individually through the
conditional use permit process. A conditional use permit shall be required
on an individual tenant or business basis and shall be granted only when it
is demonstrated that the operating characteristics of the use will not
adversely impact onsite or offsite conditions on either an individual or
cumulative basis.
6. Special uses must conform to the development standards listed
in KCC 15.08.020.
7. Drive-through restaurants, only if located in a budding having at
least two (2) stories.
8. Accessory uses are only allowed in cases where development
plans demonstrate a relationship between these uses and the principal
uses of the property.
9. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
12 Electric Vehicle Infrastructure
j10. Retail uses operated in conjunction with and incidental to
permitted uses, provided such uses are housed as a part of the building
comprising the basic operations.
11. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian-oriented. Pedestrian-oriented development shall have
Ithe main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk; and
may include the following uses:
a. Retail establishments, including but not limited to
Iconvenience goods, department and variety stores, specialty
shops such as apparel and accessories, gift shops, toy shops,
cards and paper goods, home and home accessory shops,
florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
iC. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in
rrestaurants) and taverns;
e. Copy establishments;
jf. Professional services, including but not limited to law offices
and consulting services; and
g. Any other use that is determined by the planning manager to
be of the same general character as the above permitted
uses and in accordance with the stated purpose of the
district, pursuant to KCC 15.09.065, Interpretation of uses.
12. Retail convenience grocery sales are allowed in conjunction with
a gasoline service station as a special permit use subject to the
1 development standards listed in KCC 15.08.020.
13 Electric Vehicle Infrastructure
13. Retail sales are limited to tires, batteries, and accessories for
industrial vehicle and equipment.
14. Retail sales are permitted as part of a planned development
where at least fifty (50) percent of the total development is for office use. ,
Drive-in restaurants, service stations, drive-in cleaning establishments,
and other similar retail establishments are not permitted.
15. Incidental sales and services, such as restaurants, pharmacies,
and retail sales, to serve occupants and patrons of permitted uses when
conducted within the same building, provided there is no exterior display
or advertising.
16. Includes incidental storage facilities and loading/unloading
areas.
17. Includes incidental storage facilities, which must be enclosed, j
and loading/unloading areas.
18. Accessory uses shall not include vehicular drive-through, drive-
in, and service bay facilities.
19. Reference KCC 15.07.040(C), outdoor storage landscaping.
20. Whenever feasible, drive-up/drive-through facilities shall be
accessed from the rear of a site and run along an interior lot line or
building elevation. Landscaping, sufficient to soften the visual impact of
vehicle stacking areas, may be required. t
21. Retail use must be for sale of agricultural or horticultural
produces, at least twenty-five (25) percent of the gross sales value of l
which are grown within Washington State. Up to fifty (50) percent of the
gross sales value may be for seed, gardening equipment and products,
private label foods, and locally hand-made products. Any structures must
be designed to maintain or enhance the agricultural appearance of the
area.
22. Any drive-up/drive-through facility shall be accessory to the
principal use to which it is attached.
14 Electric Vehicle Infrastructure ,
j
23 All battery exchange activities and associated storage shall take
place within an enclosed building. The development standards listed in
KCC 15.08.020.13 shall apply, except that number three (3) shall not apply.
iSECTION 3. - Amendment. Chapter 15.05 of the Kent City Code is
amended as follows:
15.05.110. Electric vehicle charging station spaces.
A. Purpose. This section applies to all public electric vehicle charging
stations located in parking lots or garages.
B. Number. No minimum number of charging station spaces is required.
C. Minimum Parking Requirements. An electric vehicle charging station
space may be included in the calculation for minimum required parking
spaces that are required pursuant to other sections of this chapter_.
D. Location and Design Criteria. The provision of electric vehicle parking
will vary based on the design and use of the primary parking lot. The
following required and additional locational and design criteria are provided
in recognition of the various parking lot layout options.
1. Where provided, parking for electric vehicle charging purposes
shall include the following:
a. Signage. Each charging station space shall be posted with
signage indicating the space is only for electric vehicle charging purposes.
Days and hours of operation shall be included if time limits or tow away
provisions are to be enforced. Refer to the 2009 Manual on Uniform Traffic
Control Devices (MUTCD) for electric vehicle and parking signs, specifically
' D9-11b, D9-1IbP, R7-2, and R7-108. The following are examples of
signage and appropriate sizes:
15 Electric Vehicle Infrastructure
^ HOUR
CHARGING
A ! EXCEFTFOR
ELECTRIC
LVE ICE
7AM o PM
ING 12" x 12" 12" x 18" 12" x 18"
b Maintenance. Charging station equipment shall be
maintained in all respects including the functioning of the charging
equipment A phone number or other contact information shall be
provided on the charging station equipment for reporting when the
equipment is not functioning or other problems are encountered.
C. Accessibility. Where charging station equipment is
provided within an adjacent pedestrian circulation area, such as a sidewalk
or accessible route to the building entrance, the charging equipment shall
be located so as not to interfere with accessibility requirements of WAC 51-
50-005.
d Lighting Where charging station equipment is installed
adequate site lighting shall exist unless charging is for daytime purposes
only.
e Charging Station Equipment Charging station outlets and
connector devices shall be no less than 36 inches and no higher than 48
inches from the surface where mounted, and shall contain a retraction
device or a place to hang permanent cords and connectors sufficiently
above the ground or paved surface.
f Charging Station Equipment Protection. Except for parallel
parking stalls adequate equipment protection such as wheel stops or
16 Electric Vehicle Infrastructure
concrete-filled steel bollards shall be used. Curbing maybe used in lieu of
wheel stops or bollards, if equipment is set back a minimum of 24 inches
from the face of the curb.
2. Parking for electric vehicles should also consider the
following:
ta. Notification. Information on the charging station,
identifying voltage and amperage levels and any time of use, fees, or
fsafety information.
b. Signage. Installation of directional signs at the parking
lot entrance and at appropriate decision points to effectively guide
motorists to the charging station space(s). Refer to the 2009 Manual on
Uniform Traffic Control Devices (MUTCD) for electric vehicle and directional
isigns, specifically D9-11b, D9-11bP and M6-1. The following are examples
of signage and agoropriate sizes:
12/, x 12// ( 12" x 12"
— �
12// x 6// -- - - - 12" x 6"
SECTION 4. - Amendment. Section 11.03.200 of the Kent City
Code is amended as follows:
' 11.03.200. Purpose of this part and adoption by reference.
17 Electric Vehicle Infrastructure
i
This part contains the rules for deciding whether a proposal has a
"probable significant, adverse environmental impact" requiring an
environmental impact statement to be prepared. This part also contains
rules for evaluating the impacts of proposals not requiring an
environmental impact statement and rules applicable to categorical
exemptions. The city adopts the following sections of the Washington
Administrative Code by reference, as supplemented in this chapter:
197-11-300 Purpose of this part. '
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS process.
197-11-360 Determination of significance (DS)/initiation of
scoping.
197-11-390 Effect of threshold determination.
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
The city adopts the following_section of the Revised Code of Washington by
reference as supplemented in this chapter:
43.21C.410 Battery charging and exchange station installation
SECTION 5. - Savings. The existing chapters 11 and 15 of the
Kent City Code, which are amended by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
18 Electric Vehicle Infrastructure
SECTION 6. - Severabilitv. If any one or more sections,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 7. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
` authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 8. - Effective Date. This ordinance shall take effect and
ibe in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
IPASSED: day of , 20_.
' APPROVED: day of , 20_
PUBLISHED: day of , 20_.
19 Electric Vehicle Infrastructure
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Gml\Ordmagce\Electnc Vehicle Infrastructure Ordinance docx
I
20 Electric Vehicle Infrastructure
I
KEN• T
WASHiNGTph
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
OCTOBER 11, 2010
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah
Ranniger. Chair Perry called the meeting to order at 5:00 p.m.
Council Chair Perry reported that Agenda Item #6 on DCE Height Limits has been moved to
the November 8, 2010 meeting.
1. APPROVAL OF MINUTES
Councilmember Ranninger MOVED and Councilmember Albertson SECONDED to
approve the July 12, 2010 Minutes. Motion PASSED 3-0.
2. Economic Development Report
Economic & Community Development Manager Kurt Hanson stated that the City will open
bid proposals for the new marquee at ShoWare Center Tuesday October 12 at 1:00 p.m. He
stated that there has been a lot of interest and staff anticipates the bid amount to come in
below the projected budget of $225,000. Hanson stated that it will likely be the end of
December before the marquee would be installed.
For Information Only
3. Countywide Planning Policies Amendment-King County Council Ordinance
No. 16912
Planning Manager Charlene Anderson reported that this proposal relates to the ratification of
amendments to the Countywide Planning Policies (CPPs). The CPPs provide a framework for
Kent and other cities in King County to conduct planning under the State Growth
Management Act (GMA) requirements and ensures that city and county comprehensive
plans are consistent.
Anderson stated that two policy amendments were approved by the Growth Management �l
Planning Council (GMPC), MPC Motion No 10-1 adopts a revision to the Interim Potential
Annexation Area (PAA) map to expand the PAA of the City of Renton and proportionately
reduce the PAA of the City of Kent. The revision places all of Soos Creek Park and Trail
north of SE 208th in the Renton PAA. MPC Motion No. 10-2 amends the CPPs with regard to
transit service The revisions reflect the appropriate service intended for different types of
urban areas, clarify the relationship among jurisdictions regarding transportation system
planning and development, and supports the County's growth targets.
Planning Director Fred Satterstrom stated that when Kent proposed to annex the Panther
Lake area, the city used the western boundary of Soos Creek Park as its eastern boundary
for the annexation area. When Renton proposed the Fairwood annexation, it included the
Soos Creek Park north of SE 208th Street in the annexation area.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the full Council ratification of amendments to the
Countywide Planning Policies (CPPs) approved under Growth Management
Planning Council (GMPC) Motions No. 10-1 and 10-2 amending the interim
Potential Annexation Area (PAA) map to expand the PAA for the City of Renton,
and amending the CPPs to describe the intended relationship between transit
1 service and densities, and to update and clarify language in the framework
policies. Motion PASSED 3-0.
4. Electric Vehicle Infrastructure ZCA-2010-3
Senior Planner Erin George reported that this proposed code amendment amends Kent City
Code (KCC) Chapter 1S.02 (Definitions), 15.04 (District Regulations), 15.05 (Off-Street
Parking) and 11.03 (Environment Policy) George stated that the Nissan Leaf will be
available December 2010 at a cost of $33,720 with a $7500 tax rebate. She stated that
1300 of these cars have been reserved in Washington.
George stated that Electric Charging Stations will be installed along Interstate Hwy I-5 and
I-90. She described Level 1, Level 2 and Level 3 charging systems stating that Level 2 will
be the standard for home usage whereas Level 3 defined as Rapid Chargers are akin to gas
pumps in size and will primarily be utilized for commercial uses and along highways.
George stated that staff recommends allowing Type 1, 2 and 3 chargers in all zones as
accessory uses, but limitingrapid chargers within residential zones to "general conditional
uses" such as schools or firehouses.
George described battery exchange stations whereby a drained battery can be swapped for
a fully charged battery within five minutes. She explained that staff considers these
stations as similar in nature and appearance to gas stations or car washes. She stated that
staff recommends allowing these stations in all commercial and industrial zones, but only as
accessory uses where gas stations are not currently allowed (such as downtown).
George stated that State legislation passed House Bill 1481 mandating local governments to
allow electric vehicle infrastructure in all areas not zoned for residential, resource use, or
critical areas. George directed attention to her report and the ordinance regarding staff's
recommended language.
Committee member Ranniger cautioned against limiting areas where battery exchange
stations could be placed, explaining that she sees them as most likely to be built as
secondary to other uses such as a grocery store or car wash. Committee member Albertson
raised a concern about parking and how long electric vehicles would be allowed to occupy a
space. George directed attention to the proposed code changes, explaining that by allowing
battery exchange stations in all commercial and industrial zones, whether outright or
accessory, the combination of uses described by Ranniger would be accommodated. She
also explained that property owners would have the option to apply time limits to EV
parking stalls through use of signage.
Councilmember Ranniger MOVED and Councilmember Albertson SECONDED a
Motion to approve the Electric Vehicle Infrastructure Zoning Code Amendment No.
2010-3 as recommended by the Land Use & Planning Board. Motion PASSED 3-0.
5. Vehicle (Auto) Repair in M3 Zones
Long-Range Planner William D. Osborne stated that staff recommends an Option 2 which
amends KCC 15.04.090 and 15.04.100 with specific criteria to allow automobile repair,
washing services and auto body work uses in the General Industrial (M3) Zoning District
under limited conditions. Option 2 allows limited development and adaptive reuse for auto
repair at locations and in existing structures within the M3 Zoning District not generally
suitable for exclusive industrial use. Auto repair would not be allowed in those areas
already built out for warehouse distribution.
Ted Almeida. 7604 S. 212th Avenue stated that a third of the M3 zone is occupied by the
Manheim Fleet Business where his business anticipates servicing clients from. He stated
that at this time 25,000 cars travel that route on a daily basis He stated that many
potential customers by-pass this area, to be serviced in Auburn. With approval of this
proposal, he will be able to retain the customer base in Kent.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the Full Council approval of an amendment to the Zoning
Code per Option 2 to allow limited auto repair in the M3 Zoning District as
recommended by the Land Use & Planning Board. Motion PASSED 3-0.
6. Zoning Density Rounding Calculation fZCA-2010-11
Planning Manager Charlene Anderson explained how zoning density rounding is calculated.
She explained that several options were presented to the Land Use and Planning Board
(LUPB). The Board recommended approval of Option 5c, which does not allow rounding in
ECDC Minutes
October 11, 2010
Page 2 of 3
subdivisions located within A-10, SR-1, and SR-3 zoning districts, nor within the Lake
Meridian Watershed.
Anderson stated that rounding is one way that developers could achieve additional
development in balancing the other requirements of the residential standards.
Anderson stated that rounding became an issue in part due to a short subdivision in the
Lake Meridian area where a minimal amount of property was purchased that would allow
the parcel to have two lots in a small short plat instead of just the one lot that would have
I otherwise been allowed, had they not added 121 square feet. There was a concern that the
additional lot would affect water quality and be out of character with the other housing
developments surrounding that subdivision.
I The Committee discussed the rounding options concluding that Option 3 was seen as too
open-ended with Option 5c perceived as restrictive in some areas, but leaving the rest of
the city open where implementing constraints might be important.
Perry proposed an option which amended Option 4, creating a graduated approach to
rounding based on the total size of a plat or multifamily development. She stated that her
proposed option would be applied city-wide.
iSally McDonough, 26441 137th Avenue SE, Kent stated that rounding will have the greatest
effect on smaller parcels voicing support in denying rounding for those parcels SR 4.0 or
' smaller in size As suggested by the LUPB critical areas such as watersheds should be
considered for incorporation into this amendment.
Ranniger MOVED and Albertson SECONDED a Motion to recommend to the City
Council an amendment of the Kent City Code regarding the calculation of
maximum permitted density as amended by Council President Perry: For short
plats or subdivisions of 9 lots or less, and for determining maximum allowable
density for 9 or fewer dwelling units use the following calculation: a) less than 4
lots or dwelling units — no rounding, b) less than or equal to 4, 5, or 6 lots or
dwelling units - .85 rounds up, less than .85 rounds down, c) less than or equal to
7, 8 or 9 lots or dwelling units - .75 rounds up, less than .75 rounds down. Motion
PASSED 3-0.
7. Consideration of Extending Preliminary Short Plat Approvals & Extending
the Validity of Issued Building Permits
Planning Manager Charlene Anderson stated that the purpose of action on this issue is to
obtain the Committee's concurrence with approval to allow the LUPB to consider the
extension of preliminary short plat approvals and forward a recommendation to the ECDC
concurrently with an agenda item to consider extending the period of validity of issued
permits.
Anderson presented options to the Committee The Committee deliberated, deciding that
no additional time extensions should be granted and taking no action on this item.
S. 2010 Annual Docket Report
Long-Range Planner William D Osborne described the docketing process and presented
submittals Docket No's. Dkt-2010-1 through Dkt-2010-5. Dkt-2010-6 was added to the
report to revise Kent's Urban Center boundary to remove an area east of Central Avenue or
State Avenue proposed by the LUPB. He stated that the City received fees on the Kentara
submittal therefore it will be included in the Work Program as CPA-2010-3. Osborne stated
that a recommendation will be presented to the ECDC in November
For Information Only
' Adiournment
Council Chair Perry Adjourned the Meeting at 6:30 p.m.
Pamela Mottram, Economic & Community Development
Committee Secretary
ECDC Minutes
October 11, 2010
Page 3of3
i
h
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
40* Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
KENT
wa s ni N 3T0H Phone• 253-856-5454
Fax: 253-856-6454
Address, 220 Fourth Avenue S.
Kent, WA 98032-5895
October 4, 2010
TO: Chair Jamie Perry and Economic & Community Development Committee
Members
FROM: Erin George, AICP, Senior Planner
RE: Electric Vehicle Infrastructure [ZCA-2010-3]
For Meeting of October 11, 2010
MOTION: Move to approve/not approve/amend the Electric Vehicle
Infrastructure Zoning Code Amendment Number 2010-3 as
recommended by the Land Use & Planning Board.
SUMMARY: State legislation from 2009 (House Bill 1481) mandates local
governments to allow electric vehicle (EV) infrastructure in all areas not zoned for
residential, resource uses or critical areas. Pursuant to this legislation, the
Department of Commerce and Puget Sound Regional Council issued EV
infrastructure model regulations in July 2010, following a research and development
effort involving numerous agencies and stakeholders. The Land Use & Planning
Board held a public hearing on September 27, 2010 and recommended adoption of
the zoning code amendment as proposed by staff.
BACKGROUND: Electric vehicles are fast on their way to becoming mainstream.
By 2012, an estimated 10 to 12 models of highway capable electric vehicles (EVs)
will be available to consumers. The Nissan LEAF, the first highway-capable, mass
market electric car will be available in December 2010. EV infrastructure is
necessary to serve this growing consumer base and to increase consumer
acceptance and usage of these vehicles.
l As noted in the attached ordinance, the Board recommends allowing charging
stations in all zones as accessory uses, but limiting rapid chargers in residential
zones only to those that are accessory to a general conditional use (e.g. schools
' and fire stations). The Board recommends allowing battery exchange stations in all
commercial and industrial zones, but only as accessory uses where gas stations are
not currently allowed (such as downtown). Additionally, the board recommends
adoption of design and parking standards for EV charging stations and inclusion of a
SEPA categorical exemption for EV infrastructure. The SEPA Responsible Official
determined that the proposed Zoning Code revisions are procedural in nature and
t no further environmental review is required.
EG\pm S•\Permit\Plan\ZONECODEAMEND\2010\ZCA-2010-3_ElecVehicleInfrastructure\101110_ECDCmemo doc
Enc• Ordinance, 9/27/10 LUPB Minutes and Agenda Packet, Exhibit 1 from Mel Roberts
CC' Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Project File
r
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
■ Fred Satterstrom, AICP, Director
■ KENT Charlene Anderson, AICP, Manager
wAsIiNoroH Phone, 253-856-5454
Fax: 253-856-6454
Address- 220 Fourth Avenue S.
Kent, WA 98032-5895
September 20, 2010
TO: Chair Dana Ralph and Land Use & Planning Board Members
' FROM: Erin George, AICP, Senior Planner
RE: Electric Vehicle Infrastructure [ZCA-2010-3]
For September 27, 2010 public hearing
MOTION: Move to recommend/not recommendlamend adoption of the {'
Electric Vehicle Infrastructure Zoning Code Amendment Number 2010-3
as presented by staff.
SUMMARY: State legislation from 2009 (House Bill 1481) mandates local
I governments to allow electric vehicle (EV) infrastructure in all areas not zoned for
residential, resource uses or critical areas. Pursuant to this legislation, the
Department of Commerce and Puget Sound Regional Council issued EV
' infrastructure model regulations in July 2010, following a research and development
effort involving numerous agencies and stakeholders. Using information from the
model regulations, staff proposes a Zoning Code Amendment in order to comply
with HB 1481 and to ensure usable and effective infrastructure. Staff presented the
amendment to the Land Use & Planning Board at the September 13th workshop.
BACKGROUND: Electric vehicles are fast on their way to becoming mainstream.
By 2012, an estimated 10 to 12 models of highway capable electric vehicles (EVs)
will be available to consumers. The Nissan LEAF, the first highway-capable, mass
market electric car will be available in December 2010. About 1,300 Washington
residents have placed a deposit reserving LEAF vehicles. Other EV models will also
be available in the near future, including the Chevy Volt in November 2010 and the
Ford Focus Electric in 2011.
EV infrastructure is necessary to serve this growing consumer base and to increase
consumer acceptance and usage of these vehicles. Under U.S. Department of
Energy grants, about 2,000 chargers will be installed around the greater Seattle
area. King County is installing up to 200 chargers at County facilities such as Park
& Ride lots, with Kent Station identified as a potential site.
EV infrastructure includes three types of charging stations, summarized below in
Table 1. Level 2 chargers are typically the size of a bollard or parking meter and
' are expected to be the most common type of charger for all types of private and
public use. Level 3 or "rapid" charging stations require special infrastructure from
the utility provider to support high energy use, and are typically the size of a gas
pump. Accordingly, rapid chargers are not recommended for residential use.
Table 1. Charging Station Types
Level Volts Amps Charge time Similar to:
Level 1 120 15-20 16-24 hours Wall outlet in home
Level 2 240 40 4-6 hours Dedicated dryer or oven outlet
Level 3 480 60+ <1 hour Ski area chalrllft
It is anticipated that the majority of EV drivers will charge primarily at home,
though some employers or businesses may wish to provide charging facilities for
employees and customers. Other possible charging locations include highway rest
stops, park & ride facilities or adjacent to on-street parking. It is likely that gas
stations may choose to provide chargers in the future, and eventually "battery
exchange stations" may be built, which would swap a depleted battery for a
charged one in less time than filling a tank of gas. Battery exchange stations
currently exist in Japan and Denmark, but not yet in the U.S
Battery exchange stations are similar in nature and appearance to gas stations or
car washes, which are not allowed in all zoning districts (e.g. downtown zones).
However, HB 1481 requires that all types of EV infrastructure, including battery
exchange stations, must be allowed to some extent in all commercial and Industrial
zones. Accordingly, staff recommends allowing battery exchange stations only as
accessory uses In those zoning districts where gas stations are not currently
allowed (see attached, pg 2).
Staff also recommends allowing charging stations as accessory uses in all zones.
Due to size and infrastructure requirements, staff recommends limiting rapid
chargers in residential zones only to those associated with a general conditional use
(e.g. schools and fire stations). Additionally, new standards pertaining to design,
placement and labeling of chargers are recommended for addition to the parking
standards in KCC 15.05 (see attached, pg 3-4). HB 1481 also added a SEPA
categorical exemption for chargers to RCW 42.31C, which should be adopted by
reference in KCC 11 03.200 (see attached, pg 5). Amendments to the Public Works
and Public Safety regulations may be needed in the future to address on-street EV
charging and EV public parking enforcement.
The SEPA Responsible Official determined that the proposed Zoning Code revisions
are procedural in nature and no further environmental review is required.
EG\pm S \Permit\Plan\ZONECODEAMEND\2010\ZCA-2010-3_ElecVehicleInfrastructure\092710_LUPBstaffrpt doc
Eric Code Changes for LUPB 9-27-10
cc Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Project File
ZCA-2010-3 Electric Vehicle Infrastructure
09/27/10 LUPB Public Hearing
Page 2 of 2
` Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7E
1. SUBJECT: AUTO VEHICLE REPAIR IN M3 ZONES, ZONING CODE
AMENDMENT ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. , amending Kent
City Code to allow automobile repair, washing services and auto body work uses
in the General Industrial (M3) Zoning District under limited conditions that make
the parcel less suitable for exclusive industrial use.
I '
3. EXHIBITS: Ordinance, preliminary minutes of 10/11/10 ECDC, Staff memos
from 10/11/10 ECDC and 9/27/10 LUPB without attachments
' 4. RECOMMENDED BY: Economic & Community Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes — No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
a
1
1
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Sections
15.04.090 and 15.04.100 of the Kent City Code,
entitled "Service land uses" and "Service land use
development conditions" to allow automobile
repair, washing services and auto body work uses
in the General Industrial (M3) Zoning District
under limited conditions.
RECITALS
A. The City of Kent's General Industrial (M3) Zoning District is
located entirely within the area of the City with a land use designation of
Manufacturing/Industrial Center (MIC), and is largely comprised of
warehousing, small-scale manufacturing, and uses associated with outdoor
storage and distribution of automobiles. The Puget Sound Regional Council
and King County have goals, policies and criteria regarding MICs that call
for protection of industrial areas for future industrial use. Consistent with
this guidance, the City of Kent has comprehensive plan policies to
discourage and limit non-industrial uses in the MIC that do not serve
industrial uses.
` 1 Automotive Repair
In the M3 Zoning District
Amend KCC 15.04.090 and .100
B. Under the Kent City Code (KCC), auto repair, washing
services and body work uses are allowed in the M3 Zoning District only
where parcels are split-zoned as M3 and Gateway Commercial (GWC), and
only if the use includes repair of heavy equipment or trucks. A number of
apparently non-conforming uses associated with automobile-related
services, however, currently exist within the M3 Zoning District. To
resolve the apparent conflict between the policy and what practically
operates in some areas of the M3 Zoning District, the City researched
industrial space requirements, freight mobility considerations, and regional
policy implications associated with allowing or expanding non-industrial
uses within the MIC. The City found that within the M3 Zoning District,
there are existing parcels and buildings that are not suitable for exclusive
industrial use. This ordinance will amend the Kent City Code to allow
automobile repair, washing services, and auto body work in the M3 Zoning
District on parcels with these site and operational limitations. ,
C. The City`s State Environmental Policy Act (SEPA) official '
issued a Determination of Nonsignificance on September 17, 2010.
1
D. On August 26, 2010, notice was sent to the Washington State
Department of Commerce requesting expedited review. On September 14, i
2010, the City was granted expedited review and was informed that it had
met the Growth Management Act notice requirements under RCW
36.70A.106.
E. The Land Use and Planning Board considered this matter at its
July 12, 2010 and August 23, 2010 workshops, and held a public hearing '
2 Automotive Repair
In the M3 Zoning District
Amend KCC 15.04.090 and .100 ,
i
ron September 27, 2010. The matter was also considered at the October
11, 2010 Economic & Community Development Committee meeting.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 15.04.090 of the Kent City
Code is amended as follows:
15.04.090 Service land uses
1 Zon,ng Districts
- V
in
P= o o '" '"
Principally c N N I
Permitted Uses
S= Special Uses = v m o E
C=Conditional m U n ry o
Uses iny 0 o v r r -' E v N ``
1 A=Accessory Uses 01I E
n w m m m c C o E c o
a 9 a a a o m U v A m O j6 G E N m
v w v E v v > > y o E E E
E c c 2 Yn u
U E E �v m Q y A m E
°o U c j U `—° E m m U
m m m E A c c Q y c 0 L Q a m a
E ^� = c 3 v v U .c. m
,? w _v ai � v v o �o c 3 o E E i0 3
- rn a rn n f f 3 y _rn a ai E c ; E E v o a�i w °'
Q V K in �n !n ul N x 0 Z i, E o 0 U U N ti E v
o G u N U 0 U
s x u U U u F u a ry M 3
a s v�i f f f z E z a U 0 0 U U 0 0 f z z f z 0
Finance,insurance, P P P P P P P P P P P
real estate services (22) (1) (2) (3)
(12)
Personal services P P P P P P C P P P P
Laundry,dry (22) (12) (10)(10)(2) (3)
cleaning,barber, (10)
salons,shoe repair,
launderettes
Mortuaries P P P C P
(12) (3)
Home day-care P P P P P P P P P P P P P P P P P P P P P P P P P P P P
Day-care center C C C C C C C P P P P P P P P P P P P P P P P P P P P P
L3 Automotive Repair
In the N3 Zoning District
Amend KCC 15.04.090 and .100
I
Zoning Districts
V
y V i
Key u� —
P=Principally w m
C i V U
Permitted Uses u '^ o a '� � •� � � N m �
S=Special Uses i, N i, i, c w w cw E
C=Conditional y p 7, In
Uses in Of
w Vc- F T K v .`• v m m
A=Accessory Uses u 0 m A m a m
c u T ro w
v V c ` '-^ v L U O
N v
m o '-^ O E .. m
T a c c u ;�, U v
of v T oe z q E E E m ro o Y m 76 E
Q T T T y T T C y E � v ` E '
m _V m E LL E E E E ;� E °o U U u° m m E m a u
LL ar LL . X - w E w r s .T. c 3 v - 0 u Q a r� a c T
c v v rn w v w O o O a c 3 o U m m m m
> > - v 3 o E E 'Y^ o 3
V o m Co m , n E f 3 y v, o rn E c E E
< Q M V t0 T) ~ O F Z V p O U U W a E ro
H I- U 2 a U V O W N 0 ii
l7 3L [C Y K 2' K K K S U '^ U U U E f V O Q I
Q Q Ul U• u) 0 Ut E E f E E Z❑ U O O U V l7 O E f E E U
Business services, P P P P P P P P P
duplicating and blue (12) (2) (3)
printing,travel I
agences,and
employment
agencies
Building P P P P P P
maintenance and (2)
pest control
Outdoor storage P P A A A A A P i
(including truck, C
heavy equipment, (9)
and contractor
storage yards as
allowed by
development '
standards,KCC
15 04 190 and
1504 195)
Rental and leasing P P P P P P
services for cars, (2)
trucks,traders,
furniture,and tools
Auto repair and C P P P P P C
washing services (21)(5)
(including body 23
work)
Repair services P P P P P P P P P
Watch,N, (12) (2) (3)
electrical,
upholstery i
upholstery
Professional P P P P P P P P P P
services Medical, (20) (2) (3)
clinics,and other
health care-related
services
Heavy equipment P P P C P
and truck repair (9)
Contract P P P P P P P P P
construction service (16)(16) (17)(17)(2) (3)
offices Budding (17)
construction,
plumbing, paving,
and landscaping
4 Automotive Repair
In the M3 Zoning District
Amend KCC 15.04.090 and .100
J
i
' Zoning Districts
V U
N N V
Key A 0 `" m m L
P=Principallyc W . o m ` V '" L
Permitted Uses G '^ ' '
v °1 O
E v Y
S=Special Uses v � v a�i v E
9 a O p
C=Conditional p m o o a U
1 Uses ~ y E c n o rn U
� N N N
A=Accessory Uses m m 6 9 >. ' n v 0 J o v 0
n v v c E E m 5 E
W - W '0 3 U v m m i m m 0 6 u E N m
` C W v m y U y`l
`w c > > > o E v E ,a s '� E
c o+ f V E E E f F v o b E
o v Q —'' E —' —'' —" = M .', v a o E o — E _ n
o U o U m m
A U m m m m m m c o E U ECj o L ¢ a m v T
E o = 0 3 o v v u m m m
o E E 5 3 o m a v v v
`-' 9 5,, c rn m a F F 3 v a+ a of E 3 0 o
Ur m
Q rn K cn to UI Q N l� J x f z p o u u w a a
a V N V O W J U V
l7 K C K K u' tt oC u' K K Z U U U U f F U U Q N M
Q Q Vl cn Ul Ul N E F f f E f Z 0 U 0 0 U U U' O f F f f U
Educational P P P P P P P P
services (2) (3)
Vocational,trade,
art, music,dancing,
barber,and beauty
Churches S S S S S S S S S 5 5 S S s S S S S S S S S
(4) (4)(4)(4)(4)(4)(4)(4)(4)(4)(4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4) (4)
' Administrative and P P P C P P P P P P P
professional offices (12) (2) (3)
-general
P P P P P P P P P P P P P
Municipal uses and (13)(13) (13)(13)(13)(13)(13)(13)(13)(2) (13)(13)
buildings (13)
Research, P P P P P (2) (14)
development,and
testing
Planned C
' development retail (6) I
sales
Accessory uses and A A A A A A A A A A A A A A A A A A A A A A A A A A
buildings (7) (18)(18)(19)(19J(18)(18)(18) (15)
customarily
appurtenant to a
permitted use
Boarding kennels C C C
and breeding
establishments
Veterinary clinics C P P P P C P
and veterinary (8) (8) (8) (8) (11J
hospitals
Administrative or P P P P P
executive offices
which are part of a
' predominant
industrial operation
Offices incidental A A A A A
and necessary to
the conduct of a
principallv
permitted use
SECTION 2, - Amendment. Section 15.04.100 of the Kent City
Code is amended as follows:
5 Automotive Repair
In the M3 Zoning District
Amend KCC 15.04.090 and .100
Sec. 15.04.100. Service land use development conditions.
23. Auto repair, including body work, and auto washing services shall be
allowed in the General Industrial (M3) Zoning District as follows:
a. For adaptive reuse of existing site structures, all of the following '
conditions must apply: '
(1) The site is not currently served by a rail spur; and
(2) Existing site structures do not have "dock high" loading
bay doors, where the finished floor is generally level with
the floor of freight containers; and ,
(3) All ground-level bay doors of existing structures have a
height of less than fourteen (14) feet, which would '
generally impede full access to freight containers; and
(4) Existing site structures have a "clear height" from finished
floor to interior roof trusses of less than twenty (20) feet;
and ,
(5) Maximum building area per parcel is not greater than forty
thousand (40,000) square feet. ,
b. For proposed site development, all of the following conditions
must apply:
(1) The site is not currently served by a rail spur; and
6 Automotive Repair '
In the M3 Zoning District
Amend KCC 15.04.090 and .100
' (2) Based on parcels existing at the time of the effective date
of this code amendment the maximum parcel size is no
' greater than forty thousand (40,000) square feet.
' SECTION 3. - Savings. The existing sections 15.04.090 and
15.04.100 of the Kent City Code, which are amended by this ordinance,
' shall remain in full force and effect until the effective date of this
ordinance.
SECTION 4. - Severabilitv. If any one or more sections,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION S. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 6. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
7 Automotive Repair
In the M3 Zoning District
Amend KCC 15.04.090 and .100
ATTEST: ,
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 20_. '
APPROVED: day of , 20_.
PUBLISHED: day of , 20_.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA ]ACOBER, CITY CLERK
P\Gvil\Ordinance\Vehicle Repair in M3 Zones Ordinance dcnx
8 Automotive Repair
In the M3 Zoning District
Amend KCC 15.04.090 and.100
�•/ KEN T
WASHINGTON
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
OCTOBER 11, 2010
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah
Ranniger. Chair Perry called the meeting to order at 5:00 p.m.
Council Chair Perry reported that Agenda Item #6 on DCE Height Limits has been moved to
' the November 8, 2010 meeting.
1. APPROVAL OF MINUTES
Councilmember Ranninger MOVED and Councilmember Albertson SECONDED to
approve the July 12, 2010 Minutes. Motion PASSED 3-0.
2. Economic Development Report
' Economic & Community Development Manager Kurt Hanson stated that the City will open
bid proposals for the new marquee at ShoWare Center Tuesday October 12 at 1:00 p.m. He
stated that there has been a lot of interest and staff anticipates the bid amount to come in
below the projected budget of $225,000 Hanson stated that it will likely be the end of
December before the marquee would be installed.
For Information Only
' 3. Countywide Planning Policies Amendment-King County Council Ordinance
No. 16912
Planning Manager Charlene Anderson reported that this proposal relates to the ratification of
amendments to the Countywide Planning Policies (CPPs). The CPPs provide a framework for
Kent and other cities in King County to conduct planning under the State Growth
Management Act (GMA) requirements and ensures that city and county comprehensive
plans are consistent.
Anderson stated that two policy amendments were approved by the Growth Management
Planning Council (GMPC), MPC Motion No. 10-1 adopts a revision to the Interim Potential
' Annexation Area (PAA) map to expand the PAA of the City of Renton and proportionately
reduce the PAA of the City of Kent. The revision places all of Soos Creek Park and Trail
north of SE 208th in the Renton PAA. MPC Motion No. 10-2 amends the CPPs with regard to
transit service. The revisions reflect the appropriate service intended for different types of
urban areas, clarify the relationship among jurisdictions regarding transportation system
planning and development, and supports the County's growth targets.
Planning Director Fred Satterstrom stated that when Kent proposed to annex the Panther
Lake area, the city used the western boundary of Soos Creek Park as its eastern boundary
for the annexation area. When Renton proposed the Fairwood annexation, it included the
Soos Creek Park north of SE 208th Street in the annexation area.
' Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the full Council ratification of amendments to the
Countywide Planning Policies (CPPs) approved under Growth Management
' Planning Council (GMPC) Motions No. 10-1 and 10-2 amending the interim
Potential Annexation Area (PAA) map to expand the PAA for the City of Renton,
and amending the CPPs to describe the intended relationship between transit
' service and densities, and to update and clarify language in the framework
policies. Motion PASSED 3-0.
4. Electric Vehicle Infrastructure ZCA-2010-3
Senior Planner Erin George reported that this proposed code amendment amends Kent City
Code (KCC) Chapter 15.02 (Definitions), 15.04 (District Regulations), 15.05 (Off-Street
Parking) and 11.03 (Environment Policy). George stated that the Nissan Leaf will be
available December 2010 at a cost of $33,720 with a $7500 tax rebate. She stated that
1300 of these cars have been reserved in Washington.
George stated that Electric Charging Stations will be installed along Interstate Hwy I-5 and
1-90. She described Level 1, Level 2 and Level 3 charging systems stating that Level 2 will
be the standard for home usage whereas Level 3 defined as Rapid Chargers are akin to gas
pumps in size and will primarily be utilized for commercial uses and along highways.
George stated that staff recommends allowing Type 1, 2 and 3 chargers in all zones as
accessory uses, but limitingrapid chargers within residential zones to "general conditional
uses" such as schools or firehouses.
George described battery exchange stations whereby a drained battery can be swapped for
a fully charged battery within five minutes. She explained that staff considers these
stations as similar in nature and appearance to gas stations or car washes She stated that
staff recommends allowing these stations in all commercial and industrial zones, but only as
accessory uses where gas stations are not currently allowed (such as downtown).
George stated that State legislation passed House Bill 1481 mandating local governments to
allow electric vehicle infrastructure in all areas not zoned for residential, resource use, or '
critical areas. George directed attention to her report and the ordinance regarding staff's
recommended language.
Committee member Ranniger cautioned against limiting areas where battery exchange ,
stations could be placed, explaining that she sees them as most likely to be built as
secondary to other uses such as a grocery store or car wash Committee member Albertson
raised a concern about parking and how long electric vehicles would be allowed to occupy a
space. George directed attention to the proposed code changes, explaining that by allowing
battery exchange stations in all commercial and industrial zones, whether outright or
accessory, the combination of uses described by Ranniger would be accommodated. She
also explained that property owners would have the option to apply time limits to EV
parking stalls through use of signage.
Councilmember Ranniger MOVED and Councilmember Albertson SECONDED a
Motion to approve the Electric Vehicle Infrastructure Zoning Code Amendment No.
2010-3 as recommended by the Land Use & Planning Board. Motion PASSED 3-0.
S. Vehicle (Auto) Repair in M3 Zones
Long-Range Planner William D. Osborne stated that staff recommends an Option 2 which
amends KCC 15.04.090 and 15.04.100 with specific criteria to allow automobile repair,
washing services and auto body work uses in the General Industrial (M3) Zoning District
under limited conditions. Option 2 allows limited development and adaptive reuse for auto ,
repair at locations and in existing structures within the M3 Zoning District not generally
suitable for exclusive industrial use. Auto repair would not be allowed in those areas
already built out for warehouse distribution.
Ted Almeida, 7604 S. 212`h Avenue stated that a third of the M3 zone is occupied by the
Manheim Fleet Business where his business anticipates servicing clients from. He stated
that at this time 25,000 cars travel that route on a daily basis. He stated that many '
potential customers by-pass this area, to be serviced in Auburn. With approval of this
proposal, he will be able to retain the customer base in Kent.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a '
Motion to recommend to the Full Council approval of an amendment to the Zoning
Code per Option 2 to allow limited auto repair in the M3 Zoning District as
recommended by the Land Use & Planning Board. Motion PASSED 3-0.
6. Zoning Density Roundina Calculation fZCA-2010-11
Planning Manager Charlene Anderson explained how zoning density rounding is calculated.
She explained that several options were presented to the Land Use and Planning Board ,
(LUPB). The Board recommended approval of Option 5c, which does not allow rounding in
ECDC Minutes
October 11, 2010
Page 2 of 3
subdivisions located within A-10, SR-1, and SR-3 zoning districts, nor within the Lake
Meridian Watershed.
Anderson stated that rounding is one way that developers could achieve additional
development in balancing the other requirements of the residential standards.
1 Anderson stated that rounding became an issue in part due to a short subdivision in the
Lake Meridian area where a minimal amount of property was purchased that would allow
the parcel to have two lots in a small short plat instead of just the one lot that would have
otherwise been allowed, had they not added 121 square feet. There was a concern that the
additional lot would affect water quality and be out of character with the other housing
developments surrounding that subdivision.
1 The Committee discussed the rounding options concluding that Option 3 was seen as too
open-ended with Option 5c perceived as restrictive in some areas, but leaving the rest of
the city open where implementing constraints might be important.
Perry proposed an option which amended Option 4, creating a graduated approach to
rounding based on the total size of a plat or multifamily development. She stated that her
proposed option would be applied city-wide.
Sally McDonough, 26441 137th Avenue SE, Kent stated that rounding will have the greatest
effect on smaller parcels voicing support in denying rounding for those parcels SR 4 0 or
smaller in size. As suggested by the LUPB critical areas such as watersheds should be
considered for incorporation into this amendment.
Ranniger MOVED and Albertson SECONDED a Motion to recommend to the City
Council an amendment of the Kent City Code regarding the calculation of
maximum permitted density as amended by Council President Perry: For short
plats or subdivisions of 9 lots or less, and for determining maximum allowable
density for 9 or fewer dwelling units use the following calculation: a) less than 4
lots or dwelling units — no rounding, b) less than or equal to 4, 5, or 6 lots ory
dwelling units - .85 rounds up, less than .85 rounds down, c) less than or equal to lid
7, 8 or 9 lots or dwelling units - .75 rounds up, less than .75 rounds down. Motion
1 PASSED 3-0.
7. Consideration of Extending Preliminary Short Plat Approvals & Extending
' the Validity of Issued Building Permits
Planning Manager Charlene Anderson stated that the purpose of action on this issue is to
obtain the Committee's concurrence with approval to allow the LUPB to consider the
extension of preliminary short plat approvals and forward a recommendation to the ECDC
' concurrently with an agenda item to consider extending the period of validity of issued
permits.
Anderson presented options to the Committee. The Committee deliberated, deciding that
no additional time extensions should be granted and taking no action on this item.
8. 2010 Annual Docket Report
' Long-Range Planner William D. Osborne described the docketing process and presented
submittals Docket No's: Dkt-2010-1 through Dkt-2010-5. Dkt-2010-6 was added to the
report to revise Kent's Urban Center boundary to remove an area east of Central Avenue or
State Avenue proposed by the LUPB. He stated that the City received fees on the Kentara
submittal therefore it will be included in the Work Program as CPA-2010-3. Osborne stated
that a recommendation will be presented to the ECDC in November.
For Information Only
Adiournment
Council Chair Perry Adjourned the Meeting at 6:30 p.m.
Pamela Mottram, Economic & Community Development
Committee Secretary
ECDC Minutes
' October 11, 2010
Page 3 of 3
,
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
' PLANNING DIVISION
KENT Fred N. Satterstrom, AICP, Director
wA S H I N 3,o N Charlene Anderson, AICP, Manager
Phone 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
' Kent, WA 98032-5895
October 4, 2010
To: Chair Jamie Perry and Economic & Community Development
1 Committee Members
From: William D. Osborne, AICP, Long-Range Planner
Subject: Vehicle (Auto) Repair in M3 Zoning [CPA-2010-2]
' For meeting of October 11, 2010
MOTION: I move to recommend/not recommend to the full Council
approval of an amendment to the Zoning Code per Option 2 to allow
limited auto repair in the M3 Zoning District as recommended by the
Land Use & Planning Board.
SUMMARY: Mr. Ted Almeida, a private business owner filed an application on July
13th to amend Section 15.04.100(21) KCC to conditionally allow automotive repair
' use in the General Industrial (M3) Zoning District. A workshop of the Land Use &
Planning Board was held on August 23, 2010 to discuss GMA planning policies
relating to the role of the designated Manufacturing/Industrial Center and M3
' Zoning. The Land Use & Planning Board held a public hearing on September 27,
2010 to receive testimony and consider proposed amendments to the Zoning Code.
The Board recommended approval of Option 2.
L The purpose of the Comprehensive Plan is to guide land use and capital
improvement decisions. Amending development regulations based on the guidance
of the Comprehensive Plan is a Comprehensive Plan implementation action.
iBUDGET IMPACT: None.
BACKGROUND: The Almeida Proposal, Option 1, would locate auto repair uses in
the M3 Zoning District on east-west arterial streets. Consistent with guidance of the
Comprehensive Plan, staff formulated Option 2 to allow limited development and
adaptive reuse for auto repair at locations and in existing structures within the M3
' Zoning District that are not generally suitable for exclusive industrial use.
Staff will be available at the October 11th meeting to further discuss the Board
recommendation.
CAipm 51Perm,t\PlaniZONECODEAMEND%20101ZCA-2010-2 Auto Repair in M3ZonmgIECDC1101110IDrart Memo AutoRepair-M3 101110doc
Eric Att A Ordinance
Att B 9/27/10 LUPB Public Hearing Minutes and Packet, and 8/23/10 LUPB Workshop Packet
cc, Ben Wolters, ECD Director
' Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP, Planning Manager
Matthew Gilbert,AICP, Principal Planner
Project File CPA-2010-2
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Fred N. Satterstrom, AICP, Director
KENT Charlene Anderson, AICP, Manager
W.SHI N G 7 ON
Phone• 253-856-5454
Fax- 253-856-6454
Address: 220 Fourth Avenue S.
' Kent, WA 98032-5895
September 20, 2010
To: Dana Ralph, Chair and Land Use and Planning Board Members lid
' From: William D. Osborne, AICP, Long-Range Planner
Subject: Vehicle Repair in M3 Zones [ZCA-2010-2]
For the Hearing of September 27, 2010
' MOTION: I move to recommend approval/denial/modification of Option 2,
as described in the staff report, which provides for limited development of
auto repair and adaptive reuse of existing structures for auto repair in the
General Industrial (M3) Zoning District, and to forward said
recommendation to the Kent City Council for adoption.
SUMMARY: Kent City Code (KCC) provides two options for initiating text
' amendments to the zoning code. One option is through the annual docketing
process outlined in Chapter 12.02 KCC. The other option provides for City Council
or Land Use & Planning Board initiation of text amendments as outlined in Section
15.09.050(A) KCC. On July 12th, the Land Use & Planning Board unanimously
agreed to entertain a proposed Zoning Code amendment. Mr. Ted Almeida, a
private business owner filed an application on July 13th to amend Section
' 15.04.100(21) KCC to conditionally allow automotive repair use in the General
Industrial (M3) Zoning District (see Attachment A). A workshop of the Land Use &
Planning Board was held on August 23, 2010 to discuss GMA planning policies
relating to the role of the designated Manufacturing/Industrial Center and M3
Zoning, and to introduce the proposed options for amending the Zoning Code.
' The purpose of the Comprehensive Plan is to guide land use and capital
improvement decisions for Downtown Kent. Amending development regulations
based on the guidance of the Comprehensive Plan is a Comprehensive Plan
implementation action.
BACKGROUND: At present, auto repair use is only allowed where parcels are
split-zoned as M3 and Gateway Commercial (GWC) and only if the use includes
repair of heavy equipment and trucks. Gasoline service stations with auto repair
and washing services are not permitted anywhere in the M3 Zoning District. The
M3 Zoning District is entirely located within the City of Kent' s designated
Manufacturing/Industrial Center (MIC) (see Attachment B-1). According to VISION
2040, the Kent MIC is one of a few areas recognized in the Puget Sound region as
' locations of intensive employment with facilities having large spaces for the
1
I
assembly of goods and areas suitable for outdoor storage. MICs are also areas ,
prioritized for receiving funding for infrastructure and economic development (see
Attachment B-2). The Puget Sound Regional Council (PSRC), King County, and the
City of Kent have goals, policies and criteria regarding MICs that call for protection ,
of industrial areas for future industrial use (see Attachments B-1, B-2, B-3, B-4 and
C). This is to be done by discouraging and limiting non-industrial and non-
industrial serving uses and providing incentives for industrial users to locate in '
MICs.
A number of apparently (per field observation) non-conforming uses associated
with automobile-related services exist within the M3 Zoning District (see '
Attachments D-1 and D-2). The largest of these, South Seattle Auto Auction
(Manheim) has in fact been considered a legally-conforming Warehouse/Distribution
use with a number of accessory operations. Other uses may be illegal or legal non- ,
conforming under Kent zoning regulations for the M3 Zoning District.
Existing Conditions ,
The M3 Zoning District is largely warehousing, small-scale manufacturing, and uses
associated with wholesale distribution of automobiles. The area is served by
various classifications of arterial streets with primary orientation to the east and ,
west. The Union-Pacific (UP) and Burlington Northern Santa Fe (BNSF) railroads
provide access to the north and south, with numerous rail spurs serving parcels in
the M3 Zoning District. According to Public Works Transportation staff, industrial '
uses generally limit their freight movement to timeframes outside of morning and
evening commuting hours. As noted above in the Background, auto repair uses are
apparent in the M3 Zoning District.
THE OPTIONS
The options include the proposal covered in the Almeida application, as well as an ,
option based on staff research of industrial space requirements, freight mobility
considerations and regional policy implications associated with allowing or
expanding non-industrial use within the MIC.
No Action
"No Action" presumes that current M3 Zoning which generally prohibits auto repair '
uses except under specific use restriction criteria (see Background, above) best
reflects the intent of the City of Kent in Land Use Element policy (LU-15.2) and
Economic Development policy (ED-4.1) to protect industrial land for future
industrial use, especially in the MIC. Any existing non-industrial use located within
the M3 Zoning District might today be considered non-conforming, legal or
otherwise and have a reasonable opportunity to continue - but these uses are '
anticipated to eventually convert to a principally permitted use.
Option 1 - Almeida Proposal '
Option 1 would permit auto repair uses as-of-right for thirty-one (31) M3 Zoning
District parcels (totaling over 148 acres) located along east-west arterial streets
having two or more travel lanes in each direction (see Attachments A and Q. The
approximate building footprint area for the 135 structures located on the selected
parcels is 1,729,775 sf. Option 1 would encourage auto repair use to cluster along
S. 212th Street and S. 228th Street, increasing traffic congestion during peak
t
commuting hours, which is generally outside of peak manufacturing and warehouse
distribution operations use of the street system. The access management
regulations of the City would not encourage direct access onto such arterials,
instead seeking consolidation of access points and where possible locating such
points on lesser arterials. By introducing non-industrial use along arterial frontages
and for parcels that include a large amount of building area and some with rail
service, Option 1 may induce speculative inflation of industrially-zoned land. As
property values increase, so too would lease rates for viable industrial uses. This
would be inconsistent with policies seeking to discourage and limit non-industrial
uses in the Manufacturing/Industrial Center.
Option 2 — Allow Auto Repair Uses with Site & Operational Limitations
Auto repair uses would be allowed only where challenges for exclusive industrial
' use are present:
1) For adaptive reuse of existing site structures, auto repair shall be allowed
only if:
a. The site is not currently served by a rail spur; and
b. Existing site structures do not have „dock-high" loading bay doors (the
' finished floor is generally level with the floor of freight containers); and
c. All ground-level bay doors of existing site structures have a height of less
than 14 ft. (which would generally impede full access to freight
containers); and
d. Existing site structures have a „clear height" (from finished floor to roof
trusses) of less than 20 ft.; and
' e. Maximum building area per parcel allowed for auto repair uses would total
40,000 sf.
2) For proposed site development, auto repair shall be allowed only if
a. The site is not currently served by a rail spur; and
b. Based on parcels existing at the time of the effective date of this code
amendment, the maximum parcel size allowed for development of new
' auto repair structures is 40,000 sf.
Option 2 acknowledges that allowing auto repair uses without measured
' discouragement or limitation would be inconsistent with regional, county and City
policy guidance. In limiting auto repair use based on access to rail, parcel size and
amount of building use (extent of operation), Option 2 arguably meets the policy
intent of LU-15.2 to discourage and limit non-industrial use in the
Manufacturing/Industrial Center.
Parcels not served by rail with land area less than 40,000 s.f. can be readily
' identified in the GIS (see Attachment F). There are twelve (12) such parcels
totaling nearly 5.3 acres in land area in the M3 Zoning District. The approximate
building footprint area of the twenty-one (21) structures on these parcels is 37,150
sf. Nine (9) of these parcels are clustered on the north side of S. 212th near the
T-intersection with 77th Avenue S. One of three parcels in common ownership
located just north of the State Route 167 underpass along the west side of 4th
' Avenue S. would qualify due to parcel size. Another qualifying parcel to the north
of S. 196th already serves in combination with other parcels as outdoor automobile
storage for South Seattle Auto Auction. Further, one qualifying parcel fronting onto
j
r
84th Avenue S. is split-zoned Gateway Commercial (GWC) — and allows auto repair ,
when the primary use is heavy equipment and truck repair.
Without a structure inventory throughout the M3 Zoning District, larger parcels with r
buildings of varying sizes otherwise suitable for limited auto repair use per Option 2
are difficult to identify. Though buildings of any size might meet the Option 2
criteria, a proxy for identifying potential adaptive reuse structures could be selected
from parcels not served by rail and containing structures with footprint areas less r
than 40,000 sf. (see Attachment F). Using these criteria, forty-one (41) parcels
totaling nearly 144.5 acres and containing structures with an aggregate footprint
area of 892,700 sf. were identified Several of the Option 2 criteria for adaptive r
reuse of existing structures would be reviewed on a case-by-case basis at the time
of an application for tenant improvement.
RECOMMENDATION: r
Though it removes a general prohibition, staff recommends Option 2, which would
allow specifically-limited auto repair use at locations and in existing structures that '
are not generally suitable for exclusive industrial use.
If there are any questions, please contact William Osborne at 253.856.5437. r
CA/WO/pm S\Permit\Plan\ZONECODEAMEND\2010\ZCA-2010-2 Auto Repair in M3 Zoning\LUPB\092710\D7aft_StaffReport_AutoRepair-M3_092710 doc
Attachments
Att A Ted Almelda Code Text Amendment Application '
Att B-1 2002 Regional Growth Centers Report on Kent MIC
Att B-2 PSRC VISION 2040 (excerpted pp 49-51)
Att B-3 Designation Criteria for Regional Growth and Manufacturing Industrial Centers(excerpted pp 1-2,6-9)
Att B-4 King Countywide Planning Policies(excerpted pp 31-32, 36-38)
Att C Kent Comp Plan Goals&Policies for Manufacturing/Industrial Center, Industrial Use, Economic Development r
Att D-1 Ted Almeda Surrounding Uses(in M3 Zoning District)
Att D-2 Apparent Non-Conforming Use In M3 Zoning Map
Att E Option 1 (Almeida Proposal) Map
Att F Option 2 (Parcel& Building Limitations Proposal) Map
Att G Decision Document, Determination of Non-Significance and SEPA Checklist r
Att H Exhibit#1-Mona Parayno Comments
cc Ben Wolters, ECD Director
Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Matthew Gilbert,AICP, Principal Planner
Project File ZCA-2010-2
r
r
r
r
r
r
Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7F
1. SUBJECT: ZONING DENSITY-ROUNDING CALCULATIONS, ZONING CODE
AMENDMENT ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. , amending Kent
City Code relating to the calculation of maximum permitted density. The
' amendment removes rounding as a mechanism for determining the number of
lots or dwelling units when there are less than four, and raises the fraction
needed to gain density for lots or dwelling units when there are four to nine.
1
' 3. EXHIBITS: Ordinance, preliminary minutes of 10/11/10 ECDC, Staff memos
from the 10/11/10 ECDC; and the 9/27/10, 8/23/10, 7/26/10, 7/12/10 LUPB
without attachments
' 4. RECOMMENDED BY: Economic & Community Development Committee
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? No Revenue? No
' Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
15.02,096 of the Kent City Code relating to the
calculation of maximum permitted density.
RECITALS
A. With the advent of the Growth Management Act (the "Act"),
the City is expected to encourage urban growth and accommodate
fprojected population and employment growth. The Act requires review,
evaluation, and adjustment to ensure the City has sufficient suitable land
to accommodate the growth projections based on the actual densities
being achieved every five (5) years. Rounding in density calculations is
one way to affect densities actually achieved and also is available as an
offset to the additional requirements imposed on subdivisions as a result of
' the amendments to residential development standards.
B. Currently under the Kent City Code, when determining the
allowed number of lots for a subdivision or short subdivision or the number
' of dwelling units in multifamily zoning districts, all site area may be
included in the calculation. If calculations result in a fraction, the fraction
is rounded up to the nearest whole number as follows: fractions above
one-half (1/2) shall be rounded up, fractions of one-half and below shall be
' rounded down. This amendment removes rounding as a mechanism for
1 Zoning Density-
Rounding Calculations
r
determining the number of lots or units when there are less than four (4),
and raises the fraction needed to gain density for lots or units when there
are four (4) to nine (9).
C. Residents have expressed concern that utilizing the provision
in KCC 15.02.096 for rounding in some circumstances can create building
lots whose size conflicts with the character of the surrounding
neighborhood.
D. The City's State Environmental Policy Act (SEPA) official has
determined that this amendment to the Kent City Code is procedural in '
nature, and therefore exempt from SEPA review.
E. On July 19, 2010, notice was sent to the Washington State
Department of Commerce requesting expedited review. On August 9, ,
2010, the City was granted expedited review and was informed that it had
met the Growth Management Act notice requirements under RCW
36.70A.106.
F. On June 14, 2010, the Economic & Community Development
Committee authorized staff to review and recommend options for
calculating maximum permitted density. The Land Use and Planning Board
considered this matter during workshops on July 12, 2010 and August 23, '
2010, and held public hearings on July 26, 2010 and September 27, 2010
regarding this issue. The Economic and Community Development
Committee addressed the matter at its meeting on October 11, 2010.
r
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
r
2 Zoning Density -
Rounding Calculations
ORDINANCE
SECTION 1. - Amendment. Section 15.02.096 of the Kent City
Code is amended as follows:
15.02.096 Density, maximum permitted.
Maximum permitted density refers to the maximum number of dwelling
units permitted per acre, subject to lot size and other development
standards of Ch. 15.04 KCC. When determining the allowed number of lots
or dwelling units for a subdivision, eF-short subdivision, or multifamily
project all site area may be included in the calculation. If calculations
result in less than one full lot or unity—fFaet:an, the fraction shall be
rounded to the nearest whole number as provided below.€eNews- `ic�tlene
A For less than four (4) lots or dwelling units rounding shall not be
used in calculating the maximum density.
B. For four (4) to six (6) lots or dwelling units fractions of .85 and
above shall be rounded u12 and fractions below .85 shall be
rounded down.
C. For seven (7) to nine (9) lots or dwelling units fractions of .75
and above shall be rounded up and fractions below .75 shall be
rounded down.
Q. For ten (10) or more lots or dwelling units, fractions above .50
shall be rounded up and fractions .50 and below shall be
rounded down.
SECTION 2. - Savings. The existing section 15.02.096 of the Kent
City Code, which is amended by this ordinance, shall remain in full force
and effect until the effective date of this ordinance.
3 Zoning Density -
Rounding Calculations
SECTION 3. - Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 4. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are }
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION S. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA ]ACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2010.
APPROVED: day of , 2010.
PUBLISHED: day of , 2010.
4 Zoning Density -
Rounding Calculations
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Gwl\Ordinance\RoundingOrdmance docx -
5 Zoning Density -
Rounding Calculations
•EN�• KT
WASHINGTON
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
OCTOBER 11, 2010
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah
Ranniger Chair Perry called the meeting to order at 5:00 p.m
Council Chair Perry reported that Agenda Item #6 on DICE Height Limits has been moved to
the November 8, 2010 meeting.
1. APPROVAL OF MINUTES
Councilmember Ranninger MOVED and Councilmember Albertson SECONDED to
approve the July 12, 2010 Minutes. Motion PASSED 3-0.
2. Economic Development Report
Economic & Community Development Manager Kurt Hanson stated that the City will open
bid proposals for the new marquee at ShoWare Center Tuesday October 12 at 1:00 p.m He
stated that there has been a lot of interest and staff anticipates the bid amount to come in
below the projected budget of $225,000 Hanson stated that it will likely be the end of
December before the marquee would be installed.
For Information Only
3. Countywide Planning Policies Amendment-King County Council Ordinance
No. 16912
Planning Manager Charlene Anderson reported that this proposal relates to the ratification of
amendments to the Countywide Planning Policies (CPPs). The CPPs provide a framework for
Kent and other cities in King County to conduct planning under the State Growth
Management Act (GMA) requirements and ensures that city and county comprehensive
plans are consistent.
Anderson stated that two policy amendments were approved by the Growth Management
Planning Council (GMPC); MPC Motion No. 10-1 adopts a revision to the Interim Potential
Annexation Area (PAA) map to expand the PAA of the City of Renton and proportionately
reduce the PAA of the City of Kent. The revision places all of Soos Creek Park and Trail
north of SE 208th in the Renton PAA. MPC Motion No. 10-2 amends the CPPs with regard to
transit service. The revisions reflect the appropriate service intended for different types of
urban areas, clarify the relationship among Jurisdictions regarding transportation system
planning and development, and supports the County's growth targets.
Planning Director Fred Satterstrom stated that when Kent proposed to annex the Panther
Lake area, the city used the western boundary of Soos Creek Park as its eastern boundary
for the annexation area. When Renton proposed the Fairwood annexation, it included the
Soos Creek Park north of SE 208th Street in the annexation area.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the full Council ratification of amendments to the
Countywide Planning Policies (CPPs) approved under Growth Management
Planning Council (GMPC) Motions No. 10-1 and 10-2 amending the interim
Potential Annexation Area (PAA) map to expand the PAA for the City of Renton,
and amending the CPPs to describe the intended relationship between transit
service and densities, and to update and clarify language in the framework
policies. Motion PASSED 3-0.
4. Electric Vehicle Infrastructure ZCA-2010-3
Senior Planner Erin George reported that this proposed code amendment amends Kent City
Code (KCC) Chapter 15.02 (Definitions), 15.04 (District Regulations), 15.05 (Off-Street
Parking) and 11.03 (Environment Policy). George stated that the Nissan Leaf will be
available December 2010 at a cost of $33,720 with a $7500 tax rebate. She stated that
1300 of these cars have been reserved in Washington.
George stated that Electric Charging Stations will be installed along Interstate Hwy I-5 and
I-90. She described Level 1, Level 2 and Level 3 charging systems stating that Level 2 will
be the standard for home usage whereas Level 3 defined as Rapid Chargers are akin to gas
pumps in size and will primarily be utilized for commercial uses and along highways
George stated that staff recommends allowing Type 1, 2 and 3 chargers in all zones as
accessory uses, but limitingrapid chargers within residential zones to "general conditional
uses" such as schools or firehouses.
George described battery exchange stations whereby a drained battery can be swapped for
a fully charged battery within five minutes. She explained that staff considers these
stations as similar in nature and appearance to gas stations or car washes. She stated that
staff recommends allowing these stations in all commercial and industrial zones, but only as
accessory uses where gas stations are not currently allowed (such as downtown).
George stated that State legislation passed House Bill 1481 mandating local governments to
allow electric vehicle infrastructure in all areas not zoned for residential, resource use, or
critical areas. George directed attention to her report and the ordinance regarding staff's
recommended language.
Committee member Ranniger cautioned against limiting areas where battery exchange
stations could be placed, explaining that she sees them as most likely to be built as
secondary to other uses such as a grocery store or car wash Committee member Albertson
raised a concern about parking and how long electric vehicles would be allowed to occupy a
space. George directed attention to the proposed code changes, explaining that by allowing
battery exchange stations in all commercial and industrial zones, whether outright or
accessory, the combination of uses described by Ranniger would be accommodated. She
also explained that property owners would have the option to apply time limits to EV
parking stalls through use of signage.
Councilmember Ranniger MOVED and Councilmember Albertson SECONDED a
Motion to approve the Electric Vehicle Infrastructure Zoning Code Amendment No.
2010-3 as recommended by the Land Use & Planning Board. Motion PASSED 3-0.
S. Vehicle (Auto) Repair in M3 Zones
Long-Range Planner William D. Osborne stated that staff recommends an Option 2 which
amends KCC 15.04 090 and 15.04.100 with specific criteria to allow automobile repair,
washing services and auto body work uses in the General Industrial (M3) Zoning District
under limited conditions. Option 2 allows limited development and adaptive reuse for auto
repair at locations and in existing structures within the M3 Zoning District not generally
suitable for exclusive industrial use Auto repair would not be allowed in those areas
already built out for warehouse distribution.
Ted Almeida, 7604 S. 212`h Avenue stated that a third of the M3 zone is occupied by the
Manheim Fleet Business where his business anticipates servicing clients from. He stated
that at this time 25,000 cars travel that route on a daily basis. He stated that many
potential customers by-pass this area, to be serviced in Auburn. With approval of this
proposal, he will be able to retain the customer base in Kent.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the Full Council approval of an amendment to the Zoning
Code per Option 2 to allow limited auto repair in the M3 Zoning District as
recommended by the Land Use & Planning Board. Motion PASSED 3-0.
6. Zoning Density Rounding Calculation fZCA-2010-11
Planning Manager Charlene Anderson explained how zoning density rounding is calculated.
She explained that several options were presented to the Land Use and Planning Board
(LUPB) The Board recommended approval of Option 5c, which does not allow rounding in
ECDC Minutes
October 11, 2010
Page 2 of 3
subdivisions located within A-10, SR-1, and SR-3 zoning districts, nor within the Lake
Meridian Watershed.
Anderson stated that rounding is one way that developers could achieve additional
development in balancing the other requirements of the residential standards
Anderson stated that rounding became an issue in part due to a short subdivision in the
Lake Meridian area where a minimal amount of property was purchased that would allow
the parcel to have two lots in a small short plat instead of just the one lot that would have
otherwise been allowed, had they not added 121 square feet. There was a concern that the
additional lot would affect water quality and be out of character with the other housing
developments surrounding that subdivision.
The Committee discussed the rounding options concluding that Option 3 was seen as too
open-ended with Option Sc perceived as restrictive in some areas, but leaving the rest of
the city open where implementing constraints might be important.
Perry proposed an option which amended Option 4, creating a graduated approach to
rounding based on the total size of a plat or multifamily development She stated that her
proposed option would be applied city-wide.
Sally McDonough 26441 137th Avenue SE, Kent stated that rounding will have the greatest
effect on smaller parcels voicing support in denying rounding for those parcels SR 4.0 or
smaller in size. As suggested by the LUPB critical areas such as watersheds should be
considered for incorporation into this amendment.
Ranniger MOVED and Albertson SECONDED a Motion to recommend to the City
Council an amendment of the Kent City Code regarding the calculation of
maximum permitted density as amended by Council President Perry: For short
plats or subdivisions of 9 lots or less, and for determining maximum allowable
density for 9 or fewer dwelling units use the following calculation: a) less than 4
lots or dwelling units — no rounding, b) less than or equal to 4, 5, or 6 lots or
dwelling units - .85 rounds up, less than .85 rounds down, c) less than or equal to
71 8 or 9 lots or dwelling units - .75 rounds up, less than .75 rounds down. Motion
PASSED 3-0.
7. Consideration of Extending Preliminary Short Plat Approvals & Extending
the Validity of Issued Building Permits
Planning Manager Charlene Anderson stated that the purpose of action on this issue is to
obtain the Committee's concurrence with approval to allow the LUPB to consider the
extension of preliminary short plat approvals and forward a recommendation to the ECDC
concurrently with an agenda item to consider extending the period of validity of issued
permits.
Anderson presented options to the Committee. The Committee deliberated, deciding that
no additional time extensions should be granted and taking no action on this item.
8. 2010 Annual Docket Report
Long-Range Planner William D. Osborne described the docketing process and presented
submittals Docket No's: Dkt-2010-1 through Dkt-2010-5. Dkt-2010-6 was added to the
report to revise Kent's Urban Center boundary to remove an area east of Central Avenue or
State Avenue proposed by the LUPB He stated that the City received fees on the Kentara
submittal therefore it will be included in the Work Program as CPA-2010-3. Osborne stated
that a recommendation will be presented to the ECDC in November.
For Information Only
Adiournment
Council Chair Perry Adjourned the Meeting at 6:30 p.m.
Pamela Mottram, Economic & Community Development
Committee Secretary
ECDC Minutes
October 11, 2010
Page 3 of 3
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
w A s 1.I N G-O N Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
October 4, 2010
To: Chair Jamie Perry and Economic & Community Development Committee Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Zoning Density - Rounding Calculations [ZCA-2010-1]
For meeting of October 11, 2010
MOTION: Recommend to the City Council amendment of Kent City Code
regarding the calculation of maximum permitted density, as
recommended by the Land Use & Planning Board.
SUMMARY: In February, 2006 staff discussed with the Land Use & Planning Board
regulations which support achievement of allowable zoning density on a site. Included in
the discussion were minimum lot sizes, easements, and rounding in density calculations.
These issues subsequently were included in the residential development standards project
which began in May, 2006 and were adopted by the City Council on March 6, 2007 Since
then, some residents have commented that utilizing the code provision for rounding can
create building lots whose size conflicts with the character of the surrounding neighborhood
or can create additional residential lots whose impervious surface runoff would affect water
bodies On June 14, 2010, the Economic & Community Development Committee authorized
staff to review and recommend options for calculating maximum permitted density. Staff
presented to the Land Use & Planning Board on July 12th several options for code
amendments related to rounding and included additional options for the public hearing of
July 26th. Staff updated the Board in an August 23rd workshop on responses to testimony
presented at the public hearing, and provided additional options for consideration at the
second public hearing on September 27tn
BACKGROUND: Kent is expected to encourage urban growth and accommodate projected
population and employment growth. Furthermore, through review, evaluation, and
adjustment, the City ensures it has sufficient suitable land to accommodate the growth
projections, based on the actual densities being achieved every five years (Buildable Lands
Program). Rounding in density calculations is one way to affect densities actually achieved
and also can offset the additional requirements imposed on subdivisions as a result of the
amendments to residential development standards.
RECOMMENDATION: With a 6.0 vote, the Land Use & Planning Board recommended
approval of Option #5c. All options are listed on the attachment to this memo. The SEPA
Responsible Official determined that the proposal is procedural in nature and thus
categorically exempt from further SEPA review under WAC 197-11-800(19) and 11.03.200
Kent City Code.
CA/pm S\Permit\Plan1ZONECODEAMEND\2010\ZCA-2010-1 DensityRounding\101110ECDCdocx
Att Options Meridian Lake Watershed Map Ordinance 9/27110 LUPB Hrg Pkt&Mrns mth Exhibits 2&3,8123110 LUPB Wkshp Pkt,
7/26/10 LUPB Hrg Pkt&Mms 7112/10 LUPB Wkshp Pkt
cc Ben Wolters ECD Director
Fred Satterstrom AICP Planning Director
Charlene Anderson,AICP Planning Manager
Matt Gilbert,AICP,Principal Planner
i
t
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
K E N T Charlene Anderson, AICP, Manager
w..sr IG.o. Phone- 253-856-5454
Fax 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
September 20, 2010
To: Chair Dana Ralph and Land Use & Planning Board Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Zoning Density — Rounding Calculations [ZCA-2010-1]
For public hearing of September 27, 2010
MOTION: Recommend to the City Council amendment to Kent City Code
regarding the calculation of maximum permitted density (as
recommended by staff/as modified).
SUMMARY: In February, 2006 staff discussed with the Land Use & Planning Board
regulations which support achievement of allowable zoning density on a site.
Included in the discussion were minimum lot sizes, easements, and rounding in
density calculations. These issues subsequently were included in the residential
development standards project which began in May, 2006. Since then, some
residents have commented that utilizing the code provision for rounding can create
building lots whose size conflicts with the character of the surrounding
neighborhood or can create additional residential lots whose impervious surface
runoff would affect water bodies. Following direction from the Economic &
Community Development Committee of the City Council, staff presented to the
Board on July 12th several options for code amendments related to rounding and
included additional options for the public hearing of July 26th. At the August 23rd
workshop, staff updated the Board on responses to testimony presented at the
public hearing.
iBACKGROUND: With the advent of the Growth Management Act (the "Act"), Kent
is expected to encourage urban growth and accommodate projected population and
employment growth. The Act requires review, evaluation, and adjustment to
ensure the City has sufficient suitable land to accommodate the growth projections,
based on the actual densities being achieved every five years (Buildable Lands
Program). Rounding in density calculations is one way to affect densities actually
achieved and also is available as an offset to the additional requirements imposed
on subdivisions as a result of the amendments to residential development
standards. Given the requirements in the Act, the City has discretion to make
choices about how growth is accommodated and is guided by other goals related to,
for example, housing, property rights, and environmental protection. The Kent
Comprehensive Plan includes preservation and improvement of residential
neighborhoods under the housing goal. There is community concern that rounding
in density calculations affects the character of residential neighborhoods and affects
water quality.
Staff researched other city regulations regarding density calculations, and the
options set forth below are informed by those other regulations, most particularly
those that would not create a substantive work program. Staff also looked at
residential short plat applications from January 1, 2009 to about mid-June and
residential long plat applications from 2007 (the last year in which applications
were submitted for long plats). Of note is that for long plats, of 203 lots allowed by
zoned density, only 168 lots were requested and only one long plat applicant
requested use of rounding to obtain one additional lot. For short plats, of 82 lots
allowed by zoned density, only 39 lots were requested and two short plat applicants
requested use of rounding to obtain one additional lot. '
OPTIONS:
All options utilize total site area to calculate maximum allowable density.
1. No change to existing code. In calculating maximum permitted density,
fractions of 0.5 and below are rounded down and fractions above 0.5 are
rounded up.
2. Change existing code such that in calculating maximum permitted density,
fractions below 0.75 are rounded down and fractions of 0.75 and above are
rounded up.
3. For short plats and subdivisions of four (4) lots or greater, and for
determining maximum permitted density for 4 or more dwelling units,
calculate maximum permitted density according to existing code. For short
plats or subdivisions of less than four (4) lots, and for determining maximum
permitted density for less than 4 dwelling units, use the following calculation:
a. < 2 lots or dwelling units, 0.85 rounds up, < 0.85 rounds down.
b. > 2 < 3 lots or dwelling units, 0.75 rounds up, < 0.75 rounds down.
c. > 3 < 4 lots or dwelling units, 0.60 rounds up, < 0.60 rounds down
4. For subdivisions of ten (10) lots or more, and for determining maximum
allowable density for 10 or more dwelling units, calculate maximum allowable
density according to existing code. For short plats or subdivisions of nine (9)
lots or less, and for determining maximum allowable density for 9 or fewer
dwelling units, use the following calculation:
a. < 2 lots or dwelling units, 0.85 rounds up, < 0.85 rounds down.
b. > 2 < 3 lots or dwelling units, 0.75 rounds up, < 0.75 rounds down.
c. > 3 < 9 lots or dwelling units, 0.60 rounds up, < 0.60 rounds down
S. For subdivisions located within SR-3, SR-1 or A-10 zoning districts, no
rounding would be allowed. Utilizing rounding in calculating maximum
permitted density would be deemed to have a greater effect on residential
character or water bodies within these larger lot zoning districts.
a. 5b: For subdivisions located within A-10, SR-1, SR-3 and SR-4-5
zoning districts, no rounding would be allowed. Utilizing rounding in
calculating maximum permitted density would be deemed to have a
greater effect on residential character or water bodies within these
larger lot zoning districts.
LUPB Hearing
September 27, 2010
Page 2 of 3
b. 5c: For subdivisions located within A-10, SR-1 and SR-3 zoning
districts, and for subdivisions located within the Lake Meridian
Watershed, no rounding would be allowed. Utilizing rounding in
calculating maximum permitted density would be deemed to have a
greater effect on Lake Meridian water quality. See attached map
which depicts the watershed. The affected zoning districts appear to
include SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-H High Density
Multifamily Residential, and MHP Mobile Home Park.
6. Some combination of the above options.
RECOMMENDATION: Staff recommends Option #3. Option #3 would balance the
achievement of density goals under the Buildable Lands analysis and the perceived
impacts of rounding on residential neighborhoods. Considerations of water quantity
and water quality controls would be determined by existing regulations. The SEPA
Responsible Official has determined that the proposal is procedural in nature and
thus categorically exempt from further SEPA review under WAC 197-11-800(19)
and 11.03.200 Kent City Code.
CA/pm S\Permit\Plan\ZONECODEAMEND\2010\ZCA-2010-1 DensstyRoundmg\0927101upbheanng docx
Att Meridian Lake Watershed Map 1'
Exhibit 1 Submittal from McDonoughs/Ekstrands/O'Neills/Sharon Bosse(3 pg)Dated 3/23/10
Exhibit 1 -Response Letter(2 pg)from Planning Manager,Charlene Anderson
cc Ben Wolters,ECD Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP,Planning Manager
Matt Gilbert,AICP,Principal Planner
l Hearing
September 27, 2010
1 Page 3 of 3
1 ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
w>5"'IGTOI Phone 253-856-5454
Fax: 253-856-6454
Address- 220 Fourth Avenue S
Kent, WA 98032-5895
August 16, 2010
To: Chair Dana Ralph and Land Use & Planning Board Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Zoning Density — Rounding Calculations [ZCA-2010-1]
For workshop of August 23, 2010
SUMMARY: In February, 2006 staff discussed with the Land Use & Planning Board
regulations which support achievement of allowable zoning density on a site.
Included in the discussion were minimum lot sizes, easements, and rounding in
density calculations. These issues subsequently were included in the residential
development standards project which began in May, 2006. Since then, some
residents have commented that utilizing the code provision for rounding can create
building lots whose size conflicts with the character of the surrounding
neighborhood or can create additional residential lots whose impervious surface
runoff would affect water bodies. Following direction from the Economic &
Community Development Committee of the City Council, staff presented to the
Board on July 12th several options for code amendments related to rounding and I'
included additional options for the public hearing of July 26th. At the August 23 d
workshop, staff will update the Board on responses to testimony presented at the
public hearing.
OPTIONS:
All options utilize total site area to calculate maximum allowable density.
1. No change to existing code. In calculating maximum allowable density,
fractions of 0.5 and below are rounded down and fractions above 0.5 are
rounded up.
2. Change existing code such that in calculating maximum allowable density,
fractions below 0.75 are rounded down and fractions of 0.75 and above are
rounded up.
3. For short plats and subdivisions of four (4) lots or greater, and for
determining maximum allowable density, calculate maximum allowable
density according to existing code. For short plats or subdivisions of less
than four (4) lots, and for determining maximum allowable density, use the
following calculation:
a. < 2 lots or dwelling units, 0.85 rounds up, < 0.85 rounds down.
b. > 2 < 3 lots or dwelling units, 0.75 rounds up, < 0.75 rounds down.
c. > 3 < 4 lots or dwelling units, 0.60 rounds up, < 0.60 rounds down
4. For subdivisions of ten (10) lots or more, and for determining maximum t
allowable density, calculate maximum allowable density according to existing
code. For short plats or subdivisions of nine (9) lots or less, and for
determining maximum allowable density, use the following calculation.
a. < 2 lots or dwelling units, 0.85 rounds up, < 0.85 rounds down.
b. > 2 < 3 lots or dwelling units, 0.75 rounds up, < 0.75 rounds down.
c. > 3 < 9 lots or dwelling units, 0.60 rounds up, < 0.60 rounds down
5. For subdivisions located within SR-3, SR-1 or A-10 zoning districts, no
rounding would be allowed. Utilizing rounding in calculating maximum
allowable density would be deemed to have a greater effect on residential
character or water bodies within these larger lot zoning districts.
6. Some combination of the above options.
Staff will be available at the August 23rd meeting to further discuss the issue.
CA/mb S\Permit\Plan\70NECODEAMEND\2010\ZCA-2010-1 Density Rounding\0823101upb docx
cc Ben Wolters,ECD Director
Fred Satterstrom,AICP, Planning Director
Charlene Anderson,AICP,Planning Manager
Matt Gilbert,AICP,Principal Planner
LUPB Hearing
August 23, 2010
Page 2 of 2
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
�� Fred N. Satterstrom, AICP, Planning Director
KENT Charlene Anderson, AICP, Manager
Wq5 y14 GT O" Phone. 253-856-5454
Fax: 253-856-6454
Address, 220 Fourth Avenue S
Kent, WA 98032-5895
July 19, 2010
To: Chair Dana Ralph and Land Use & Planning Board Members lit
From: Charlene Anderson, AICP, Planning Manager
Subject: Zoning Density — Rounding Calculations [ZCA-2010-1]
For Hearing of July 26, 2010
SUMMARY: In February, 2006 staff discussed with the Land Use & Planning Board regulations
which support achievement of allowable zoning density on a site. Included in the discussion
were minimum lot sizes, easements, and rounding in density calculations. These issues
subsequently were included in the residential development standards project which began in
May, 2006. Since then, some residents have commented that utilizing the code provision for
rounding can create building lots whose size conflicts with the character of the surrounding
neighborhood. Following direction from the Economic & Community Development Committee
of the City Council, staff presented to the Board on July 12th several options for code
amendments related to rounding. Additional options are included for the public hearing.
BACKGROUND: With the advent of the Growth Management Act (the "Act'), Kent is expected
to encourage urban growth and accommodate projected population and employment growth.
The Act requires review, evaluation, and adjustment of codes and ordinances to ensure the City
has sufficient suitable land to accommodate the growth projections, based on the actual
densities being achieved every five years (Buildable Lands Program). Rounding in density
calculations is one way to affect densities actually achieved and also is available as an offset to
the additional requirements imposed on subdivisions as a result of the amendments to
residential development standards. However, the City has discretion to make choices about
how growth is accommodated and is guided by other goals such as protecting property rights
and the environment, preserving existing housing stock, promoting a variety of densities and
housing types, and encouraging the availability of housing that is affordable to all economic
segments. The Kent Comprehensive Plan includes preservation and improvement of residential
neighborhoods as a housing goal.
Staff researched regulations from other cities with regard to density calculations, and the
options set forth below are informed by those regulations which provide for a narrow scope of
code amendment. Staff also looked at residential short plat applications from January 1, 2009
to about mid-June and residential long plat applications from 2007 (the last year in which
applications were submitted for long plats). Of note is that for long plats, of 203 lots allowed
by zoned density, only 168 lots were requested and only one long plat applicant requested use
of rounding to obtain one additional lot. For short plats, of 82 lots allowed by zoned density,
only 39 lots were requested and two short plat applicants requested use of rounding to obtain
one additional lot.
OPTIONS:
All options utilize total site area to calculate density.
1. No change to existing code. In calculating maximum allowable density, fractions of 0.5
and below are rounded down and fractions above 0.5 are rounded up.
2. Change existing code such that in calculating maximum allowable density, fractions
below 0.75 are rounded down and fractions of 0 75 and above are rounded up.
3. For short plats and subdivisions of four (4) lots or greater, and for determining
maximum allowable density for other than short plats or subdivisions, calculate
maximum allowable density according to existing code. For short plats or subdivisions
of less than four (4) lots, and for determining maximum allowable density for other than
short plats or subdivisions, use the following calculation:
a. < 2 lots, 0.85 rounds up, < 0.85 rounds down.
b. > 2 < 3 lots, 0.75 rounds up, < 0 75 rounds down.
c. > 3 < 4 lots, 0.60 rounds up, < 0.60 rounds down
4. For subdivisions of ten (10) lots or more, and for determining maximum allowable
density for other than short plats or subdivisions, calculate maximum allowable density
according to existing code. For short plats or subdivisions of nine (9) lots or less, and
for determining maximum allowable density for other than short plats or subdivisions,
use the following calculation:
a. < 2 lots, 0.85 rounds up, < 0.85 rounds down.
b. > 2 < 3 lots, 0.75 rounds up, < 0.75 rounds down.
c. > 3 < 9 lots, 0.60 rounds up, < 0.60 rounds down
5. For subdivisions located within SR-3, SR-1 or A-10 zoning districts, no rounding would
be allowed. Utilizing rounding in calculating maximum allowable density would be
deemed to have a greater effect on residential character within these larger lot zoning
districts.
6. Some combination of the above options.
RECOMMENDATION:
Staff recommends Option #3. Option #3 would balance the achievement of density goals
under the Buildable Lands analysis and the perceived impacts of rounding on residential
neighborhoods. The SEPA Responsible Official has determined that the proposal is procedural
in nature and thus categorically exempt from further SEPA review under WAC 197-11-800(19)
and 11.03.200 Kent City Code.
Staff will be available at the July 26" meeting to further discuss the issue.
CA/pm S\Permit\Plan\ZONECODEAMEND\2010\ZCA-2010-1 DensityRounding\0726101upb docc
cc Ben Wolters,ECD Director
Fred Satterstrom,AICP,Plannmg Director
Charlene Ande-son,AICP, Planning Manager
Matt Gilbert,AICP,Principal Planner
LUPB Hearing
July 26, 2010
Page 2 of 2 ,
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
400 Fred N Satterstrom, AICP, Planning Director
1 KENT Charlene Anderson, AICP, Manager
WASHINGTON
Phone 253-856-5454
Fax: 253-856-6454
Address- 220 Fourth Avenue S
Kent, WA 98032-5895
July 6, 2010
To: Chair Dana Ralph and Land Use & Planning Board Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Zoning Density - Rounding Calculations
For Workshop of July 12, 2010
SUMMARY: In February, 2006 staff discussed with the Land Use & Planning Board
regulations which support achievement of allowable zoning density on a site.
Included in the discussion were minimum lot sizes, easements, and rounding in
density calculations. These issues subsequently were included in the residential
development standards project which began in May, 2006. Since then, there has
been some community concern about the effect that rounding has on
neighborhoods. Several options for code amendments related to rounding can be
considered; those not requiring substantive work programs include no change to
existing code, code amendments to allow rounding only for subdivisions greater
than a specific number of lots (e.g., more than 4 lots) or with a higher decimal
number, and rounding only in specific zoning districts. At their June 14th meeting,
the Economic & Community Development Committee directed staff to proceed with
review and recommendation of options for calculating maximum allowable density.
BACKGROUND: With the advent of the Growth Management Act (the "Act"), Kent
is expected to encourage urban growth and accommodate projected population and
employment growth. The Act requires review, evaluation, and adjustment to
j ensure the City has sufficient suitable land to accommodate the growth projections,
based on the actual densities being achieved every five years (Buildable Lands
Program). Rounding in density calculations is one way to affect densities actually
achieved and also is available as an offset to the additional requirements imposed
on subdivisions as a result of the amendments to residential development
standards. Given the requirements in the Act, the City has discretion to make
choices about how growth is accommodated and is guided by other goals related to,
for example, housing, property rights, and environmental protection. The Kent
Comprehensive Plan includes preservation and improvement of residential
neighborhoods under the housing goal. There is community concern that rounding
in density calculations affects the character of residential neighborhoods.
I 'll
Staff researched other city regulations regarding density calculations, and the
options set forth below are informed by those other regulations, most particularly
those that would not create a substantive work program. Staff also looked at
residential short plat applications from January 1, 2009 to about mid-June and
residential long plat applications from 2007 (the last year in which applications
were submitted for long plats). Of note is that for long plats, of 203 lots allowed by
zoned density, only 168 lots were requested and only one long plat applicant
requested use of rounding to obtain one additional lot. For short plats, of 82 lots
allowed by zoned density, only 39 lots were requested and two short plat applicants
requested use of rounding to obtain one additional lot.
OPTIONS:
1. No change to existing code. Use total site area to calculate density. In
calculating maximum allowable density, fractions of 0.5 and below are
rounded down and fractions above 0.5 are rounded up.
2. For subdivisions of greater than 4 lots, calculate maximum allowable density
as done currently. Otherwise, use the following:
a. < 2 lots, 0.85 rounds up, < 0.85 rounds down.
b. > 2 < 3 lots, 0.75 rounds up, < 0.75 rounds down. '
c. > 3 < 4 lots, 0.60 rounds up, < 0.60 rounds down.
3. For subdivisions located within zoning districts of SR-3, SR-1 or A-10, no
rounding would be allowed. Utilizing rounding in calculating maximum
allowable density would be deemed to have a greater effect on residential
character within these larger lot zoning districts.
BUDGET IMPACT: Revenues could be affected by any decrease in allowable
development density.
Staff will be available at the July 12th meeting to further discuss the issue.
CA/pm S\Permit\Plan\ZONECODEAMEND\2010\DensityRounding\0712101upb docx
cc Ben Wolters,ECD Director
Fred Satterstrom,AICP,Planning Director
Charlene Anderson,AICP, Planning Manager
Matt Gilbert,AICP,Principal Planner
IUPB Workshop
July 12, 2010
Page 2 of 2 ,
Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7G
1. SUBJECT: ANIMAL CONTROL ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. the Animal Control
Ordinance that repeals Kent City Code Chapter 8.03 and adopts King County
Animal Control provisions in Chapters 11.04, 11.12, 11.20, 11.24, 11.28, and
11.32, with limited exceptions and additions.
Pursuant to the Interlocal Agreement for Animal Services approved by the City
Council on May 4, 2010, the City has agreed to adopt provisions substantially
similar to King County's for license, fees, penalties, enforcement, impound,
redemption, and sheltering. This ordinance would comply with the terms of the
Interlocal Agreement and move to continue the City's participation in the regional
model for animal services.
3. EXHIBITS: Staff Report, Animal Control Ordinance, Relevant King County
Chapters, and Kent City Code 8.03
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
t
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
\SSWKENT Phone: 253-856- 0
Fax: 253-856-6056050
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
October 5, 2010
TO: Kent City Council Operations Committee
FROM: Kim Adams Pratt, Assistant City Attorney and
Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Animal Control Ordinance Staff Report
Pursuant to the Interlocal Agreement for Animal Services approved by the City
Council on May 4, 2010, the City has agreed to adopt provisions substantially
similar to King County's for license, fees, penalties, enforcement, impound,
redemption, and sheltering.
In general, the proposed ordinance repeals the City's Chapter 8.03, Animal Control,
and replaces it with like provisions from the County's Title 11. Most provisions of
the City's code and the County's code are the same or the differences between the
two are small. The largest differences relate to two categories, first, the City's
zoning code and second, dangerous dogs.
In regards to the zoning code, all current provisions within the City Code would not
be repealed by the proposed ordinance. Specifically, Kent's code currently provides
that large domestic animals cannot be kept on lots smaller than 20,000 square feet,
I no more than three (3) small domestic animals can be kept on lots smaller than
20,000 square feet, and no more than three (3) domestic fowl can be kept on lots
of less than 5,000 square feet. Section 8.03.210(2), (3), and (4). The proposed
ordinance provides that these sections of the City's animal control regulations will
continue to be in effect in Kent Additional regulations for keeping domestic
animals and fowl in the City would also remain and are found in the zoning code at
section 15.011.070.
The other substantial difference between the City and County animal control codes
is in regards to the dangerous dogs and vicious animals. The City has a specific
provision for dangerous dogs, while the County addresses dangerous dogs within a
broader category of vicious animals. The table below summarizes the differences
between the two codes. The proposed ordinance would repeal the City's provisions
and adopt the County's provisions for vicious animals.
1
Kent's Chapter 8.03 King Count 's Chapter 11.04
Dangerous Dog is defined as one that Vicious Animal is defined as one that
inflicted injury without provocation, performed an act endangering safety,
killed an animal, or a "potentially" not limited to, biting a person or animal
dangerous dog bites. without provocation.
Section 11.04.020.86.
Potentially Dangerous Dog is defined as
one that bites, chases in a menacing No separate definition for dangerous dog
way, or has a known propensity to or potentially dangerous dogs.
attack. Section 8.03.220
Dangerous Dogs have to be registered. Vicious animals can only be kept under
Registration requires posting a bond, conditions the manager approves.
obtaining insurance, and paying $100. Conditions can include fencing,
Section 8.03.220.13.2 and .230 construction of an animal run, leash,
requiring the animal be kept indoors,
Dangerous Dog must be muzzled and removal from County within 48 hours.
leashed or in an enclosure Section Section 11.04.290
8.03.240.A
Keeping an unregistered dangerous dog Failure to comply with manager's
is a gross misdemeanor Section conditions of keeping a vicious animal is
8.03.250.13 a misdemeanor. Section 11.04.290
A Dangerous Dog will be confiscated if: Failure to comply with manager's
- unregistered dangerous dog conditions for keeping a vicious animal
- no liability insurance will result in the animal being
- not in enclosure impounded and disposed of as j
- outside dwelling and not unredeemed animal (euthanized).
restrained. Section 11.04.290.A.3.
Section 8.03.250.A
An animal (not just vicious animals) that
If Dangerous Dog "of an owner with a bites or attacks two or more times within
prior conviction" bites a person or a 2 yr. period will be impounded as an
animal it will be confiscated and "unredeemed animal" (euthanized).
destroyed Section 8.03.250.0 Section 11.04.290.13.2.
Through the Interlocal Agreement, King County provides all enforcement and
animal services management within the City of Kent. As stated above, the City is
required to adopt an ordinance so that City animal service regulations and fees are
consistent and substantially the same as King County.
2
1
t
ORDINANCE NO.
1 AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Chapter 8.03
of the Kent City Code, Animal Control, with the
exception of sections dealing with the zoning code,
and adopting by reference portions of Chapter
11.04, and Chapters 11.12, 11.20, 11.24, 11.28,
and 11.32 in their entirety of the King County code
relating to the regional provision of animal care
and control services and related fees.
1 RECITALS
A. Providing animal control, sheltering and licensing services
protects the public health and safety and promotes animal welfare.
Providing these services on a regional basis allows for enhanced
coordination and tracking of public and animal health issues, consistency of
regulatory approach across jurisdictional boundaries, economies of scale,
and ease of system access for the public.
B. The City of Kent and other cities in the region have entered
into interlocal agreements with King County for the performance of these
animal services and have agreed to adopt provisions for license, fee,
penalty, enforcement, impound, redemption, and sheltering substantially
the same as Title 11 of the King County Code.
1 Animal Control Services
C. The City now intends to adopt such an ordinance to comply
with the terms of the interlocal agreement and to participate in the
regional model for animal services.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Repeal. Chapter 8.03, Animal Control, of the Kent
City Code is repealed, with the exception of the following sections:
1. 8.03.020's definitions for Domesticated Fowl, Large
Domesticated Animal, and Small Domesticated Animal;
2. 8.03.090, compliance with local zoning and health
regulations;
3. 8.03.210(2), size of lot a large domestic animal can be
maintained on;
4. 8.03.210(3), number of small domestic animals that may be
maintained on a lot based on lot size; and
5. 8.03.210(4), number of domesticated fowl that may be
maintained on a lot based on lot size.
SECTION 2. - Adoption. A new section 8.03.005 is adopted as
follows:
8.03.005 King County Chapters Adopted by Reference
A. The Chapters of the King County Code listed below are
adopted by reference, as the same have been amended by King County
Ordinance No. 16861, and as they may be amended hereafter. Unless the
context indicates otherwise, "King County", "county", and "unincorporated
King County" mean the city.
2 Animal Control Services
1. Chapter 11.04 Animal Care and Control Regulations,
with the exception of section 11.04.240 regarding police department dogs,
which is not adopted because the City has a similar provision in the Kent
City Code, and with the exception of the items in subsection B though D
below;
2. Chapter 11.12, Rabies Control;
3. Chapter 11.20, Disposition of Fowl and Rabbits
4. Chapter 11.24, Stock Restricted Area;
5. Chapter 11.28, Exotic Animals;
6. Chapter 11.32, Guard Dogs.
B. King County Code section 11.04.010(B) shall provide that if
tthere is a conflict between a provision of this Chapter and a provision of
the Kent City Code, the provision of the Kent City Code shall control.
C. King County Code section 11.04.510 shall provide that no
person within the city shall publish or advertise to King County residents
the availability of any unaltered cat or dog unless the publication or
advertisement includes the unaltered animal's license number, provided,
however, that nothing in this chapter shall prohibit licensed breeders from
advertising in national publications for sale of a planned litter or litters.
D. All references in Chapter 11.04 to Title 21A, which utilize Title
21.A's limits for the number of animals that may be kept in dwelling units
as threshold for certain licensing requirements, shall be replaced with a
reference to Kent City Code section 15.08.070.
E. The City shall maintain at all times available for review by the
general public in the City Clerk's office one copy of the King County code
sections adopted by reference in this Chapter.
3 Animal Control Services
SECTION 3. - Savings. The existing Chapter 8.03 of the Kent City
Code, which is amended by this ordinance, shall remain in full force and
effect until the effective date of this ordinance.
SECTION 4. - Severabilitv. If any one or more section, j
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 6. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
4 Animal Control Services
PASSED: day of , 20_.
APPROVED: day of , 20_.
PUBLISHED: day of , 20_.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
I (SEAL)
BRENDA JACOBER, CITY CLERK
i
P\evil\Ordinance\Animal Control King Co Title 11 docx
j
i
1
5 Animal Control Services
ANIMAL CARE AND CONTROL REGULATIONS 1104
Chapter 11 04
ANIMAL CARE AND CONTROL REGULATIONS
(Formerly ANIMAL CONTROL REGULATIONS)
Sections:
I. GENERAL PROVISIONS
11 04 010 Purpose and scope-conflicts
1104,020 Definitions
II. LICENSING
11 04 030 Pet licenses-required-issuance-penalty-fee use-improper checks-exceptions
11 04 033 Animal shelter, kennel,grooming service,cattery and pet shop-General licenses-
Requirements
11 04 035 License fees and penalties
11 04 050 Animal shelter, cattery pet shop grooming service and kennel license-Information
required
11 04 060 Hobby kennel or hobby cattery licenses-required-limitations-requirements-issuance
and maintenance-special hobby kennel license
11 04 070 Animal shelters,kennels hobby kennels,cattenes,hobby cattenes or pet shops-
reporting required
11 04 080 Animal shelters,kennels,cattenes,grooming service or pet shops-inspections-
unsanitary conditions unlaN�4ul.
11 04 090 Animal shelters kennels,grooming services,cattenes and pet shops-Conditions
11 04 100 Animal shelters kennels cattenes,grooming services and pet shops-Indoor facilities
11 04 110 Animal shelters kennels cattenes and pet shops-Outdoor facilities
11 04 130 Grooming parlors-Conditions
11 04 140 Animal shelters hobby kennels,kennels,pet shops, grooming parlors,guard dog
purveyors,guard dog trainers and guard dog o•-mers-additional condition
11 04 150 Licenses,registration-revocation suspension or refusal to renew
11 04 160 Licenses,registration-revocation or refusal+,.ailing period
11 04 165 Individual private animal placement permit-required-qualifications-limitations-
inspection denial and revocation
11 04 167 Organizational private animal placement permit-required qualifications-limitations-
inspection, denial and revocation
(King County 6-2010)
11-5
i
1104 ANIMAL CARE AND CONTROL
111. ENFORCEMENT, PENALTIES AND PROCEDURES
11.04 170 Enforcement power
11,04 180 Violations-deemed nuisance-abatement
11 04 190 Violations- Misdemeanor-Penalty
11 04 200 Violations-civil penalty
11 04 210 Impounding
1104220 Additional enforcement
11 04 225 Additional enforcement-cruelty to animals
11 04 230 Nuisances defined
11 04 235 Transfer of unaltered dogs and cats prohibited
1104240 Unlawful acts against police department dogs-Penalty for violation
11 04 250 Violations-unlawful acts-cruelty to animals-database
11 04 260 Violations-notice and order
11 04 270 Appeals
11 04 280 Redemption procedures
11.04 290 Vicious animals-corrective action
11 04 300 Civil penalty and abatement costs- Liability of owner.
11 04 310 Costs of enforcement action
11 04 330 Additional rules and regulations
11 04 335 Waiver of fees and penalties
11 04 345 Private Animal Placement Permit- Citizen Complaint Process
IV. MANDATORY SPAY AND NEUTER PROGRAM
11 04400 Mandatory spaying and neutering
11 04 410 Spay or neuter vouchers.
V. OTHER PROVISIONS
11 04 500 Euthanasia rate targets
11 04 510 Unaltered dogs and cats-Advertising requirements
11 04 520 Rabies vaccination required
11.04 530 Exemptions from chapter
11.04540 Unauthorized release of animals from confinement
11 04 550 Monitoring and reporting
11.04 560 Public information education.
11.04 570 Breeder certification program.
11.04 580 Canvassing program.
(King County 6-2010)
11-6
ANIMAL CARE AND CONTROL REGULATIONS 11 04.010-11 04 020
I. GENERAL PROVISIONS
11 04.010 Purpose and scope-conflicts.
A It is declared the public policy of the county to secure and maintain such levels of animal care and
control as .vill protect animal and human health and safety and to the greatest degree practicable to prevent
injury to property and cruelty to animal life To this end it is the purpose of this chapter to provide a means of
caring for animals licensing dogs cats hobby caflenes, hobby kennels and relatec facilities and controlling
errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals
B If there is a conflict behveen a provision of this chapter and a provision in K C C Title 21A, the
provision in K C C Title 21A shall control (Ord 16861 § 12, 2010 Ora 15801 §4, 2007 Ord 13148§ 1,
1998 Ord 1396 Art I§2, 1972)
11.04 020 Definitions in construing this chapter, except where otherwise plainly declared or
clearly apparent from the context,words shall be given their common and ordinary meaning In addition the
following de(nit ons apply to this chapter
A "Abate" means to terminate any violation by reasonable and lawful means determined by the
manager of the regional animal services sectton in order that an owner or a person presumed to be the
owner shall comply with this chapter
B "Altered'means spayed or neutered
C "Animal' means any living creature except Homo sapiens,insects and worms
D "Animal care and control authority"rneans the regional animal services section of the records and
licensing services division acting alone or in concert with other municipalities for enforcement of the animal
care and control lays of the county and state and the shelter and welfare of animals
E "Animal care and control officer"means any individual employed contracted or appointed by the
animal care and control authority for the purpose of aiding in the enforcement of this chapter or any other law
or ordinance relat ng to the care and licensing of animals,control of animals or seizure and impoundment of
animals,and includes any state or municipal peace officer sheriff,constable or other employee whose duties
in whole or in part include assignments that involve the seizure and taking into custody of any animal
F. 'Cattery" means a place where four or more adult cats are kept vinether by owners of the cats or
by persons providing facilities and care,whether or not for compensation, but not including a pet shop An
adult cat is one of either sex,altered or unaltered that is at least six months old
G 'Domesticated animal" means a domestic beast, such as any dog, cat, rabbit, horse, mule, ass,
bovine animal Iamb goat sheep hog or other animal made to be domestic
H "Euthanasia' means the humane destruction of an animal accomplished by a method that
involves instantaneous unconsciousness and immediate death or by a method that causes painless loss of
consciousness and death during the loss of consciousness
"Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those
licensed and spayed or neutered dogs or cats
J "Grooming service" means any place or establishment, public or private, where animals are
bathed,clipped or combed for the purpose of enhancing either their aesthetic value or health,or both and for
which a fee is charged
(King County 6-2010)
11 7
x
1
11 04 020 ANIMAL CARE AND CONTROL
K "Harbored, kept or maintained" means performing any of the acts of providing care shelter,
protection, refuge,food or nourishment in such a manner as to control the animal's actions,or that the animal
or animals are treated as living at one's house by the homeowner
L 'Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or
more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species
However a combination hobby catteryrkenne license may be issued where the total number of cats and
dogs exceeds the number otherwise allowed in K C C Tide 21 A
I M "Hobby kennel"means a noncommercial kennel at or adjoining a private residence where four or
more adult dogs are bred or kept for any combination of hunting,training and exhibition for organized shows,
for field, working or obecience trials or for the enjoyment of the species However, a combination hobby
cattery/kennel license may be issued where the total number of cats and dogs exceeds the number
otherwise allo,,ved in K C C Title 21A
N "Juvenile"means any dog or cat, altered or unaltered,that is under six months old
O "Kennel" means a place where four or more adult dogs are kept whether by owners of the dogs
or by persons providing facilities and care whether or not for compensation, but not including a pet shop An
adult dog is one of either sex altered or unaltered,that is at least six months old
P "Livestock"has the same meaning as in K C C 21A 06 695
Q "Owner" means any person having an interest in or right of possession to an animal "Owner"
also means any person having control custody or possession of any animal, or by reason of the animal being
seen residing consistently at a location to an extent such that the person could be presumed to be the
owner
R "Pack" means a group of two or more animals running upon either public or private property not
that of its owner in a state in which either Is control or ownership is in doubt or cannot readily be ascertained
and when the animals are not restrained or controlled
S "Person" means any individual, partnership firm, joint stock company, corporation, association,
trust,estate or other legal entity
T "Pet" means a dog or a cat or any other animal required to be licensed by this chapter "Dog,"
"cat"and"pet"may be used interchangeably
U "Pet shop" means any person, establishment, store or department of any store that acquires live
animals, including birds reptiles fov✓I and fish, and sells or rents, or offers to sell or rent the live animals to
the public or to retail outlets
V "Private animal placement permit" means a permit or permits issued to qualified persons
engaged in fostering dogs and cats,to allow them to possess more dogs and cats than is otherwise specified
in K C C Title 21A
W "Running at large" means to be off the premises of the owner and not under the control of the
owner, or competent person authorized by the owner, either by leash,verbal voice or signal control
(King County 6-2010)
11-8
ANIMAL CARE AND CONTROL REGULATIONS 11 04 020-11 04 030
X. "Service animal"means any animal that is trained or being trained to aid a person who is blind,
hearing impaired or othen"nse disabled and is used for that purpose and is registered with a recognized
service animal organization
Y. "Shelter' means a facility that is used to house or contain stray, homeless, abandoned or
unwanted animals and that is owned, operated or maintained by a public body, an established humane
society animal welfare society society for the prevention of cruelty to animals or other nonprofit
organization or person devoted to the welfare protection and humane treatment of animals
Z Specal hobby kennel license"means a license issued under certain conditions to pet o%.vners,
who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific
dogs and cats then in their possession until such time as the death or transfer of the animals reduces the
number they possess to the legal limit in K C C Title 21 A,the King County zoning code.
AA "Under control" means the animal is either under competent voice control or competent
signal control, or both so as to be restrained from approaching any bystander or other animal and from
causing or being the cause of physical property damage when off a leash or off the premises of the owner
BB Vicieus' means having performed the act of or having the propensity to do any act
endangering the safety of any parson animal or property of another, including but not limited to biting a
human being or attacking a human being or domesticated animalwithout provocation (Ord 16861 § 13,
2010 Ord 15971 § 58,2007 Ord 15801 §5 2007 Ord. 14498§8, 2002 Ord 11792§ 4, 1995 Ord
11404 § 1, 1994 Ord 10809 § 1, 1992- Ord 10423 § 1, 1992 Ord 7923 § 1, 1987 Ord 6370 § 3,
1983 Ord 4610§1 1979 Ord 2428§ 1. 1975 Ord 2085§ 1 1974 Ord 1396 Art I§3, 1972)
II. LICENSING
11 04.030 Pet licenses - required - issuance - penalty - fee use - improper checks
exceptions
A All dogs and cats eight weeks old and older that are harbored, kept or maintained in King
County shall be licensed and registered Licenses shall be renewed on or before the date of expiration
B. Upon application and the payment of a license fee made payable to the King County treasury
according of he schedule provided in K C C 1104 035, pet licenses shall be issued by the regional animal
services section and may be issued by shelters, veterinarians pet shops, cattenes and kennels and other
approved locations, under contract with the county
1 Pet licenses for dogs and cats shall be valid for a term of one year from issuance expiring on
the last day of the t�,elfth month There is no proration of any license fees Renewal licenses shall retain
the original expiration period whether renewed before,on or after their respective renewal months
2 Juvenile licenses may be obtained in lieu of an unaltered pet license for pets from eight
weeks to six months old
3. King County residents sixty-five years old or older may purchase a discounted pet license for
their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered
address Residents sixty-five years old or older who have previously obtained a special permanent license
for their cats or dogs shall not be required to purchase a new license for the permanently licensed animals
4 Disabled residents that meet the eligibility requirements of the Metro regional reduced fare
permit program authorized in K C C chapter 28 94 may purchase a discounted pet license for their cats or
dogs that are neutered or spayed and that are maintained at the registered owner's registered address
5 Applications for a pet license shall be on forms provided by the regional animal services
section
6 License tags shall be worn by dogs at all times. As an alternative to a license tag, a dog or
cat may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a
license number approved or issued by the regional animal services section ,
(King County 6-2010)
11-9
1 1104 030- 1104 033 ANIMAL CARE AND CONTROL
7. Owners of dogs or cats who hold valid licenses from other jurisdictions and who move into
King County may transfer the license by paying a transfer fee The license shall maintain the original
license's expiration date
8 It is a violation of this chapter for any person to sell or transfer ownership of any pet without a
pet license The regional animal services section shall be notified of the name, address and telephone
number of the new owner by the person who sold or transferred the pet
9 An applicant may be denied the issuance or renewal of a pet license, if the applicant was
previously found in violation of the animal cruelty provisions of K C C 1104 250 or convicted of animal
cruelty under RCW 16 52 205 or 16 52 207
a An applicant may be denied the issuance or renewal of a pet license for up to
(1) four years if found in violation of the animal cruelty provisions of K C C. 1104 250 or
1 convicted of a misdemeanor under RCW 16 52 207, or
(2) indefinitely, if convicted of a felony under RCW 16 52 205
b Any applicant who is either the subject of a notice and order under K C C 11 04 250 or
charged with animal cruelty under RCW 16,52 205 or 16 52 207, may have the issuance or renewal of
their pet license denied pending the final result of either the notice and order or charge
10 The denial of the issuance or renewal of a pet license is subject to appeal, in accordance
with K C C 11 04 270
11 Cat or dog owners are subject to a penalty according to the schedule in K C C. 11,04 035 for
failure to comply with the licensing requirement in subsection A of this section
C A Tale fee shall be charged on all pet license applications, according to the schedule provided
in K.0 C 11 04 035
D All fees and fines collected under this chapter shall be deposited in the general fund to be
applied solely to regional animal services The records and licensing services division is authorized to
accept credit and bank card payments for fees and penalties imposed under this title, in accordance with
K C C chapter 4 100
E It is a violation of this chapter for any person to knowingly issue a check for which funds are
insufficient or to stop payment on any check written in payment of fees in this chapter Any license or
penalty paid for with those types of checks are, in the case of the license, invalid and in the case of the
penalty still outstanding Costs incurred by the county in collecting checks of this nature shall be
considered a cost of abatement and are personal obligations of the animal owner under K C C 11 04 300
F Except for subsection G [of this section] this section shall not apply to dogs or cats in the
custody of a veterinarian or shelter or whose owners are nonresidents temporarily within the county for a
period not exceeding thirty days
G Veterinarians and shelters that sell or give away a dog or cat without a license shall make
license application materials available to the new pet owner and shall provide the regional animal services
section monthly with the list of list of information required by K C C 11 04 07C for any dogs and cats
given away or sold (Ord 16861 § 14, 2010 Ord 16309 §2, 2008 Ord 15801 §6, 2007 Ord 11404 §
I 2 1994 Ord 10809 §2 1993 Ord 10423§4 1992 Ord IC168§ 1, 1991 Ord 7986§ 1, 1987 Ord
7416 § 1, 1985 Ord 6702 § 1 1984 Ord 6370 §4, 1983. Ord 5805 § 1, 1981 Ord 4552 § 1, 1979
Ord 3980 § 1, 1978 Ord 3187 § 1, 1977 Ord 2869, 1976 Ord 2158 § 1, 1974 Ord 1691 § 1, 1973
Ord 1396 Art It§ 1, 1972)
11.04.033 Animal shelter, kennel, grooming service. cattery and pet shop General
licenses -Requirements. All hobby kennels and hobby catteries must be licensed by the regional animal
services section Licenses shall be valid for one year from the date of application Fees shall be
assessed as provided in K C C 1104 035 There is no proration of the license fee Renewal licenses
shall retain the original expiration date whether renewed on or after their respective rene�,^,al month
Issuance of a license under this section shall not excuse any requirement to obtain a private animal
placement permit (Ord 16861 § 15, 2010 Ord 15801 §7,2007 Ord 10423§3 1992)
(King County 6-2010)
11-10
I
ANIMAL CARE AND CONTROL REGULATIONS 11 04 035
1104 035 License fees and penalties.
A The following animal license and registration fees apply
1 Pet license-dog or cat ,
a Unaltered S60 00
b Altered $30 00
2 Juvenile pet license-dog or cat $15 00
3 Discounted pet license-dog or cat S15 00 ,
4 Replacement tag S5 00
5 Transfer fee $3 00
6. Guard dog registration $100 00
7. Exotic pet
a Nev $500 00
b Renewal $250 00
8 Service animal no charge
9 K-9 police dog no charge
10 The following late fees shall apply to license renewal
applications
a received 45 to 90 days following license expiration $15 00
b received 90 to 135 days fello-ring license expiration S20 00
c received more than 135 days following license expiration $30 00
d received more than 365 days following license expiration $30 00 plus license
fee(s)for any year(s)
that the pet .vas
unlicensed
B. The following business and activity permit fees apply:
1 Hobby kennel and hobby cattery license S50 00
2 Private animal placement permit no charge
C. The follardmg civil penalties shall be assessed
1 Civil penalties General
a No previous similar code violation within one year S50 00
b One previous similar code violatior within one year $100 00
c Two or more similar code violations within one year Double the rate of the
previous penalty up to
a maximum of
S1000.00
2 Civil penalties Vicious animal or animal cruelty violations
a First violation within one year $500 00
b Subsequent violations within one year 51000 00
3 Civil penalties Dog leash law violations
a First violation within one year S25 00
b Additional violations within one year S50 00
4. Clod penalties Animal abandonment $500 00
5 Civil penalties Unlicensed cat or dog
a Altered cat or dog $125 00
b Unaltered cat or dog $250 00
D The following service fees apply
1 Adoptions-per animal, including licensing and spaying or $75 00-5250 00 based
neutering of the animal upon adoptability
2 Spay or neuter deposit-per animal as required in K C C $150 00
1104210B1a
(King County 6-2010)
11-11
11 04 035- 11041110 ANIMAL CARE AND CONTROL
3 Impound or redemption-dogs cats or other small animals
a. First impound within one year S45 00
Second impound within one year S85 00
Third impound within one year $125 00
4 Impound or redemption-Livestock,small S45 00
5. Impound or redemption-Livestock, large $45 00 or actual cost of
sheltering,whichever is
' greater
6 Kenneling at King County animal shelter-per 24 hours or S20 00
portion thereof
7. In-6eol pick up of an owner's deceased unlicensed pet or $50 00
pick up of an unlicensed pet released voluntarily to the
regional animal services section
8. Owner-requested euthanasia (unlicensed pets) S50 00
9 Optional microchipping for adopted pets S25 00
(Ord 16861 § 16, 2013 Ord 16309§3, 2008 Ord 15801 §8,2007 Ord 14790 §2, 2003 Ord 14521
§2, 2002 Ord 14498 § 9, 2002 Ord 13335 § 2 1998 Ord 12921 § 1, 1997 Ord 12542 § 1, 1996
Ord 11404 §3, 1994 Ord 10809 §6 1993 Ord 10423§ 5, 1992 Ord 10168 §2, 1991 Ord 7861 §
1, 1986 Ord 7416§2, 1985)
11.04.050 Animal shelter cattery, pet shop, grooming service and kennel license -
Information required.
Shelters, catteries, pet shops grooming services and kennels shall comply with the licensing
requirements of the Seattle-King County department of public health Subject to applicable restrictions in
K C C Title 21A, the facilities may board animals as authorized by their Seattle-King County department
of public health license (Ord 16861 § 17, 2010 Ord 15801 § 9, 2007 Ord 14498 § 10, 2002 Ord
10423§ 13, 1992 Ord 2428§ 2, 1975 Ord 1396 Art II § 3, 1972)
i
j
1
i
t
(King County 6-2010)
11-12
ANIIVAL CARE AND CONTROL REGULATIONS 11 04 060
11.04.060 Hobby kennel or hobby cattery licenses - required - limitations - requirements -
issuance and maintenance-special hobby kennel license
A It is unlawful for any person to <eep and maintain any hobby kennel or hobby cattery without a
valid and subsisting license therefor The fee for sr ch an annual hr=nse shall be assessed upnn the
owner or keeper of the animals and shall be as provided in K C C 1104 035 In addiiior each animal
that s maintained at a hobby kennel or hobby cattery shall be licensed nd vicually under K CC
1104 030 B
B Any hobby kennel or hobby cattery I cense shall limit the total number of adult dogs and cats '
kept by the hobby kennel or hobby cattery based on,
1 Animal size,
2 Type and characteristics of the breed,
3 The amount of lot area tho.igh the maximum number shall no:exceed.
a twenty-five where the lot area contains five acres or more,
b_ ten where the lot area contains thiry-five thousand srli€are feet but less than five acres,and
c 4ive where the lot area is less than:hirty-five thousand square feet.
4 The facility specifications and dimensions in which the dogs and cats are to be maintained,
5 The zoning classification in vftch the hobby kennel or hobby cattery would be maintained
C The following are requ rements for hobby kennels and hooby catteries
1 All open run areas shall oe completely surrounded by a six-foot fence set back at least twenty
feet from all property Ines though tnis requi ement nay be modified `or hobby cattenes as long as the
open run a•ea contains the cats and prohibits the entrance of children For purposes cf this section, -open
run area" means that area, within the property lines of the premises on which the hobby Kennel or hobby
cattery is to be maintained ,ihere the dogs and cats are sheltered or maintained If there is no area set ,
aside for sheltering or maintaining the dogs .,ithin the property lines of the premises the twenty foot
setback does not apply The property lines of premises net containing ar open run a'ea mist be completely
surrounded by a six-foot fence,
2 No commercial signs or other appearances advert sing the hooby kennel or "lobby cattery are
perm tted on the property excep-fo-the sale of the affov ab e offspring set forth in this section,
3 The manager of the regional animal services sect on may require setback, additional setback
fencing screening or soundproofing as the manager deems necessary to ensure the compatibility of the
hobby kennel or nobby cattery with the surrounding neighborhood Factors to be considered in determining
the compatibility are
a statements regarcing approval or disapproval of surrounding neighbors relative to maintenance
of a hoboy<ennel or hobby cattery at the address applied for,
b history of verified animal care and control complaints relating to the dogs and cats of the
applicant at the address fcr which the hobby kennel or hobby cattery is applied for,
c facility specifications or dimensions in which the dogs and cats are to be mainta€red
d animal size,type and characteristics of breed, and
e the zoning classification of the premises on which the hobby kennel or hobby cattery is
maintained,
4 The hobby kennel or hoboy cattery shall limit dog and cat reproduction to no more than one litter
per license year per female dog and two litters per license year per female cat, and
5 Each dog and cat in the hobby kennel of hobby cattery shall hare cui rent and propei
immunization from disease according to the dog's and cats species and age The immunizations shall
consist of distemper- hepatitis leptospirosu oarainfluenza and parvo virus (DHLP:I) inoculation for dogs
over-hree months old and feline herpesvirus ' colwivirus and ponleukopenia virus (FVRCP)inocu ation for
cats over two months old anc rabies inoculations for all docs and cats over four months old
(King County 6-2010)
11-13
t
1104 060-11 04 080 ANIMAL CARE AND CONTROL
D. A hobby kennel or hobby cattery license may be issued only when the manager of the regional
animal services section is satisfied that the requirements of K C C 11 04 060C 1 through 5 have been met
The license may be terminated if the number of dogs and cats exceeds the number allowed by the regional
animal services section or if the facility fads to comply with any of the requirements of K CC 11 04 060
C 1 through 5
E 1 Persons owning a total number of dogs and cats exceeding three, who do not meet the
requirements for a hobby kennel license,may be eligible for a special hobby kennel license to be issued at no
cost by the regional animal services which shall allow them to retain the specific animals then in their
possession, but only if the following conditions are met
a the applicant must apply for the special hobby kennel license and individual licenses for each
dog and cat by July 6, 1992, or at the time they are contacted by an animal care and control officer, King
t� County license inspector or King County pet license canvasser,and
b the applicant is keeping the dogs and cats for the enjoyment of the species, and not as a
commercial enterprise
2 The special hobby kennel license shall only be valid for those specific dogs and cats in the
possession of the applicant at the time of issuance and is intended to allow pet owners to possess animals
beyond the limits otherwise imposed by K C C Title 21A until such a time as the death or transfer of the
animals reduces the number possessed to the legal limit set forth in K C C T,tle 21A
3 The manager of the regional animal services section may deny any application for a special
hobby kennel license
a based on past Animal Care and Control Code violations by the applicant's dogs and cats or
verified complaints from neighbors regarding the applicant's dogs and cats,or
b if the animal or animals are maintained in inhumane conditions
F The manager of the regional animal services section may authorize hobby kennels hobby
catteries and special hobby kennels to exceed the maximum number of dogs and cats otherwise allowed
under this section where necessary to address an emergency proclaimed by the executive in accordance
with K C C 12 52 030 (16861 § 18, 2010 Ord 15801 § 10, 2007 Ord 11792§5, 1995 Ord 10423§ 11
1 1992 Ord 10168 §4 1991 Ord 6370§5, 1983 Ord 4610§ 3, 1979.Ord 4269§ 1, 1979 Ord 2428 §
3, 1975 Ord 1396 Art II§4, 1972)
1 11.04.070 Animal shelters. kennels, hobby kennels. catteries. hobby catteries or pet shops -
reporting required Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall
provide the regional animal services section with a monthly list of all dogs and cats that it has given away or
sold The list shall include the origin, age sex, color, breed, altered status and, if applicable, microchip
number and license number of each dog or cat given away or sold and the new owner's name, address and,
if available, email address and telephone number (Ord 16861 § 19, 2010 Ord 15801 § 11, 2007 Ord
10423§7, 1992 Ord 2428§4, 1975 Ord 1396 Art 11§5, 1972)
11.04.080 Animal shelters, kennels, cattenes, grooming service or pet shops -inspections -
unsanitary conditions unlawful
A It shall be the duty of the director of the Seattle-King County department of public health or the
director's agent or the manager of the regional animal services section or the manager's agent to make or
cause to be made such an inspection as may be necessary to determine compliance with K C C 11 04 090,
1104 100 and 1104 110 The owner or keeper of an animal shelter,kennel,cattery,grooming service or pet
shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of
the Seattle-King County department of public health or animal care and control authority at any reasonable
time that admission is requested
B It is unlawful to keep, use or maintain vothm King County any animal shelter, kennel, cattery, C
grooming service or pet shop that is unsanitary, nauseous foul or offensive, or in any way detrimental to
public health or safety and not in compliance with K C C 11 04 070 1104 090, 11 04 100 or 11 04 110
(Ord 16861 §20 2010 Ord 15801 § 12, 2007, Ord. 10423 § 14, 1992 Ord 2428 §5, 1975, Ord 1396
Art it§6, 1972)
(King County 6-2010)
11-14
ANIMAL CARE AND CONTROL REGULATIONS 1104 090- 1104 100
11.04 090 Animal shelters, kennels,grooming services,catteries and pet shops -Conditions
Animal shelters, kennels catteries,grooming services and pet shops shall meet the following conditions
A Housing facilities shall be provided the animals and such shall be structurally sound and shall be
maintained in good repair, shall be designed so as to protect the animals from injury, shall contain the
animals, and shall restrict the entrance of other animals.
B Electric power shall be supplied in conformance with city, county, and state electrical codes
adequate to supply lighting and heating as may be required by this chapter Water shall be supplied at
sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and
excreta
C Suitable food ano bedding shall be provided and stored in facilities adequate to provide protection
against infestation or contamination by insects or rodents Refrigeration shall be provided for the protection
of perishable foods
D Provision shall be made for the removal and disposal of animal and food wastes bedding, dead
animals,and debris Disposal facilities shall be maintained in a sanitary condition free from the infestation or
contamination of insects or rodents or disease,and from obnoxious or foul odors
E Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently
available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils,
equipment and facrities
F Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be
removed from display and sale Sick animals shall be kept in isolation quarters with adequate ventilation to
keep from contaminating•Nell animals
G. There shall be an employee on duty at all times during hours any store is open whose
responsibility shall be the care and welfare of the animals in that shop or department held for sale or display
H An employee or mffner shall come into feed, .vater and do the necessary cleaning of animals and
birds on days the store or shop is closed.
No person persons,association,firm or corporation shall knowingly sell a sick or injured animal or
bird
J No person, persons, association, firm or corporation shall misrepresent an animal or bird to a
consumer in any way (Ord 10423§15, 1992 Ord 2428§6 1975 Ord 1396 Art II§7, 1972)
1104100 Animal shelters. kennels, catteries, grooming services and pet shops - Indoor
facilities. Animal shelters kennels and pet shops which have indoor housing facilities for animals and birds
shall
A Be sufficiently heated or cooled to protect such animals from temperatures to which they are not
normally acclimatized
B Be adequately ventilated to provide for the health of animals contained therein and to assist in the
removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any erclosed
indoor facility shall be changed three times or more each hour This may be accomplished through the
location and periodic opening of doors and windows If fans or ventilating equipment are used they shall be
constructed in conformance with current standards of good engineering practice with respect to noise and
minimization of drafts,
C Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of
day In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to
provide for the hygiene of animal caretakers,
D Have interior wall and ceiling surfaces constructed of materials which are resistant to the
absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such
materials are not originally resistant to moisture or odors Floor surfaces shall not be made of unsealed
wood In addition, interior malls shall be constructed so that the interface with floor surfaces is sealed from
the flow or accumulation of moisture or debris,
(King County 6-2010)
11—t5
t
11.04,100-11 04 140 ANIMAL CARE AND CONTROL
E. Contain a drainage system which shall be connected to a sanitary sewer or septic tank system
which conforms to the standards of building codes in force w,.ithin the county and shall be designed to rapidly
remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or
1 temperature, provided, this requirement shall not apply to hobby kennels and pet shops All indoor housing
facilities for animals, fish, or birds shall be maintained in a clean and sanitary condition and a safe and
effective disinfectant shall be used in the cleaning of such facilities (Ord 10423§ 16, 1992 Ord 2428§7,
1975 Ord 139(3 Art II§8, 1972)
11 04.110 Animal shelters, kennels, catteries and pet shops • Outdoor facilities. Animal
shelters, kennels, cattenes and pet shops which have outdoor facilities for animals and birds shall
A Be constructed to provide shelter from excessive sunlight rain, snow wind or other elements_ In
addition such facilities shail be constructed to provide sufficient space for the proper exercise and movement
of each animal contained therein,
B Be constructed to provide drainage and to prevent the accumulation of water, mud, debris,
excreta,or other materials and shall be designed to facilitate the removal of animal and food wastes,
C Be constructed with adequate ,galls or fences to contain the animals kept therein and to prevent
entrance of other animals (Ord 10423§ 17. 1992 Ord 2428§8 1975 Ord 1396 Art 11§9 1972)
11.04.130 Grooming parlors-Conditions. Grooming parlors shall
A Not board animals but keep only dogs and cats for a reasonable time in order to perform the
business of grooming,
B Provide such restraining straps for the dog or cat while it is being groomed so that such animal
shall neither fall nor be hanged,
C Sterilize all equipment after each dog or cat has been groomed,
0 Not leave animals unattended before a dryer,
E Not prescribe treatment or medicine that is the province of a licensed vetennanan as provided in
RCW 18.92 010,
F Not put more than one animal in each cage,
G All floors and walls in rooms, pens and cages used to retain animals or in areas where animals
are clipped groomed or treated must be constructed of water imperious material that can readily be
cleaned, and must be maintained in good repair,
H Hot and cold water must be conveniently available and a large sink or tub provided (minimum
size twenty-four inches by eighteen inches by twelve inches),
I Toilet and handwwashing facilities with hot and cold running water must be conveniently available
for personnel employed,
J Only equipment necessary to the operation of the licensed establishment shall be kept or stored
on the premises and shall only be stored in a sanitary or orderly manner, it
K All cages, pens or kennels used for holding animals shall be kept in a clean and sanitary
condition and must be disinfected on a routine bans (Ord 2428§9, 1975 Ord 1396 Art II §11, 1972)
t
11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors,guard dog
purveyors,guard dog trainers and guard dog purveyors,guard dog trainers and guard dog owners -
additional conditions The manager of the regional animal services section is authorized to promulgate
rules and regulations not in conflict with this title as they pertain to the conditions and operations of animal
shelters, hobby kennels, kennels, hobby catteries cattenes, pet shops and grooming parlors, guard dog
purveyors, guard dog trainers and guard dog owners The rules and regulations may be enacted only after a
public hearing has been held regarding the rules and regulations Enforcement of these rules and
regulations may be appealed to the county board of appeals (Ord 16861 § 21, 2010 Ord 15801 § 13,
2007 Ord 3232§ 10 1977. Ord 1396 Art I I§ 12, 1972) J
j
r
I (King County 6-2010)
11-16
t
ANIMAL CARE AND CONTROL REGULATIONS 11.04 150- 11.04 165
11.04 150 Licenses. registration -revocation, suspension or refusal to renew. The regional
animal services section may, in addn on to other penalties provided in this title revoke susperic or refuse to
renew any hobby kennel, hobby cattery, guard dog purveyor, guard dog trainer license or guard dog
registration upon good cause or for failure to comply nth any provision of this title Enforcement of such a
revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in accordance with
K C C 1104 260 (Ord 16861 §22, 2010 Ord 15801 § 14, 2007 Ord 3232§ 11 1977. Ord.2428 § 10,
1975 Ord 1396 Art II §13, 1972)
1104 160 Licenses, registration - revocation or refusal waiting period If an applicant has had
a license or registration revoked or a renewal refused the applicant shall not be issued a hobby kennel
license, hobby cattery license guard dog purveyor [license]", guard dog trainer license or guard dog
registration for one year after the revocation and refusal. (Ord 16861 §23, 2010 Ord 15801 § 15 2007:
Ord 3232 § 12 1977 Ord 1396 Art II§ 14 1972)
'Reviser's note Language added but not underlined in Ordinance 16661 See K C C 124 075_
11.04165 Individual private animal placement permit-required -qualifications-limitations-
inspection,denial and revocation
A Any person independently engaged in the fostering of dogs and cats who routinely possesses
more dogs and cats than are otherwise allowed in K C C Title 21A must obtain a private animal placement
permit from the regional animal services section Permits shall be valid for one year from issuance and may
not be transferred
B In order to qualify for a private animal placement permit, an applicant must
1 Maintain and care for dogs and cats in a humane and sanitary fashion, in compliance with
K C C 1104090.
2 Foster the dogs and cats at a location that is compatible with the surrounding neighborhood
3 Agree to return stray or lost animals to their owners in accordance with K.C.G. 11.04 210 before
placing the animals in an adoptive home
4 Agree to spay or neuter and license each dog or cat before placement into its new home and
transfer the license of each animal to its adoptive o vner
5 Agree to coordinate their adoption process with the regional animal services section including
reporting on the disposition of each animal, and only adopting to owners who would qualify to adopt an
animal from a King County animal care and control shelter based on the adoption procedures and guidelines
used by the regional animal services section
C Individuals or organizations holding a private animal placement permit shall be allowed to
possess five foster animals above the limit that would normally apply to their property under K.0 C Title 21A
Permit holders are required to locate an adoptive home for each dog or cat within six months of
acquiring the dog or cat If, after six months, an adoptive home has not been found for a dog or cat, the
regional animal services section shall review the situation to determine if the permit holder is complying with
the permit If the manager of the regional animal services section ascertains that a good faith effort is being
made to locate adoptive homes,a six-month extension maybe granted
The presence of juvenile animals shall not necessarily place a permit holder over their limit unless
the manager of the regional animal services section determines that juvenile animals are present in such
large numbers as to otherwise place the permit holder out of compliance with the permit
Holders of hobby kennel licenses shall be allowed to possess and foster five more animals than are
allowed by the conditions of a hobby kennel permit
D The regional animal services may inspect the facilities of an applicant for a private animal
placement permit to determine whether or not such a permit shall be issued In addition,the regional animal
services may periodica Iy inspect the facilities of holders of private animal placement permits to ensure
compliance with this section The regional animal services may also deny or revoke permits based on any
one or more of the following
1 A failure to meet the qualifications listed in subsections A through C of this section,
2 Verified animal care and control oomph nts and
3 Verified complaints by neighbors regarding the failure to comply w[th private animal placement
permit requirements (Ord 16661 §24, 2010 Ord 15801 §16, 2007 Ord 11792§6, 1995 Ord 10609§
3, 1993)
(King County 6-2010)
11-17
11 04 157- 11.04.170 ANIMAL CARE AND CONTROL
1104167 Organizational private animal placement permit - required - qualifications -
limitations-inspection.dental and revocation.
A Any organization engaged in the fostering of dogs and cats whose members routinely or from
time to time have in their possession up to five more dogs and cats than are otherwise allowed in K C C Title
1 21A must obtain private animal placement permits from the regional animal seances section for each of
those members Organizations may purchase up to five permits,or up to Nventy permits per year However,
the manager of the regional animal services section may issue more than t venty perr ils to an organization
when to do so v,,ould further the goals of the regional animal services section and be in the public interest
Permits shall be valid for one year from issuance and may be transferred behveen members of the
organization
B In order to qualify to distribute private animal placement permits to its members an organization
must.
1 Be of a reputable nature and engaged in the fostering of animals solely for the benefit of the
animals involved,and not as a commercial enterprise,
2 Agree to furnish animal care and control with the names, addresses and phone numbers of
each of the holders of its permits, including immediately furnishing this information when a transfer takes
place,and
3 Agree that, to the best of their ability, they shall only distribute permits to individuals who shall
comply with the requirements of K C.0 1104 165 (Ord 16861 §25, 2010 Ord 15801 § 17, 2007 Ord
11792§7, 1995 Ord 10809§4, 1993)
III ENFORCEMENT, PENALTIES AND PROCEDURES
11.04.170 Enforcement power
A The manager of the regional animal services section and the animal care and control officers are
authorized to take such lawful action as may be required to enforce this chapter Ordnance 10870, as
amended and K.0 C Title 21A as they pertain to the keeping of animals and the laws of the state of
Washington as the laws pertain to animal cruelty shelter welfare and enforcement of control
B The manager of the regional animal services section or animal care and control officers shall not
enter a budding designated for and used for private purposes, unless a proper warrant has first been issued
upon a showing that the officer has reasonable cause to believe an aninal is being maintained in the building
in violation of this chapter
C. The manager of the regional animal services section and animal care and control officers, while
pursuing or observing any animal in violation of this chapter may enter upon any public or private property,
except any building designated for and used for private purposes for the purpose of abating the animal
violation being pursued or observed
D. No person shall deny, prevent, obstruct or attempt to deny prevent or obstruct an animal care
and control officer from pursuing any animal observed to be in violation of this chapter Further, no person
shall fail or neglect after a proper warrant has been presented to promptly permit the manager of the
regional animal seances section or an animal care and control officer to enter private property to perform any
duty imposed by this chapter Any person violating this subsection is guilty of a misdemeanor (Ord 16861 §
26, 2010 Ord 16801 § 18, 2007 Ord 14493 § 11 2002 Ord 11792 §8, 1995 Ord 3980 § 3, 1978
Ord 2771 §2, 1976 Ord 2428§11,1975 Ord 1396 Art III § 1, 1972)
i
r
t
(King County 6-2010)
11-18
i
ANIMAL CARE AND CONTROL REGULATIONS 11 04.180- 1104 210
11.04.180 Violations - deemed nuisance - abatement. All violations of this chapter are
detrimental to the public health, safety and %elfare and are public nuisances All conditions that are
determined after review by the manager of the regional animal services section to be in violation of this
chapter shall be abated (Ord 16861 §27,2010 Ord 15801 §19, 2007 Ord 1396 Art III§2 19721
11.04190 Violations - Misdemeanor - Penalty. Any person w1no allows an animal to be
maintained in violation of this chapter is guilty of a misdemeanor punishable by fine of not more than two
hundred fifty dollars and!or imprisonment for a term not to exceed n nety days (Ord 1396 An III§3, 1972)
11.04.200 Violations - civil penalty. In addition to or as an alternative to any other penalty
provided in this chapter or by law any person whose animal is maintained in violation of this chapter shall
incur a civil penalty in an amount not to exceed one thousand dollars per violation to be directly assessed by
the manager of the animal care and control authority plus billable costs of the animal care and control
authority The manager, in a reasonable manner may vary the amount of the penalty assessed to consider
the appropriateness of the penalty to the nature and type of violation, the gravity of the violation, the number
of past and present violations committed and the good faith of the violator in attempting to achieve
compliance with prescribed requirements or after notification of a violation All civil penalties assessed shall
be enforced and collected in accordance with the procedure specified in this chapter (Ord. 15801 § 20,
2007 Ord 10168§6 1991 Ord 7923§2, 1987 Ord 6370§6, 1983 Ord 4610§5, 1979 Ord 3548§
6, 1978 Ord 1396 Art III§4 1972)
11.04 210 Impounding
A The manager of the regional animal services section and .he manager's authorized
representatives may apprehend any animals found doing any of the acts defined as a public nuisance or
being subjected to cruel treatment as defined by lave After the animal is apprehended, the regional animal
services section shall ascertain whether the animal is licensed or otherwise identifiable If reasonably
possible the regional animal services section shall return the animal to the owner together with a notice of
violation of this chapter
1 If it is not reasonably possible to immediately return a currently licensed animal to its owner,the
regional animal services section shall notify the owner within a reasonable time by regular mail or telephone
that the animal has been impounded and may be redeemed Any currently licensed animal impounded in
accordance with this chapter shall be held for the owner at least one hundred twenty hours after telephone
contact by the impounding agency or for at least two~weeks after posting of the notification of impoundment
by regular mad
2 Any other animal impounded in accordance with this chapter shall be held for its owner at least
seventy-two hours from the time of impoundment
3 Any animal suffenng from serious injury or disease may be euthanized
4 At the discretion of the impounding authority any animal may be held for a longer period than
otherwise specified in this section and redeemed by any person on payment of charges not exceeding those
prescribed in this chapter
B Any animal not redeemed shall be treated in one of the following ways-
1 Made available for adoption at the fee provided in K.0 C 11 04 035
a As provided in K CC 11 04 400, all dogs and cats adopted from the King County animal
shelter shall be spayed or neutered before adoption,except that persons adopting a juvenile may elect not to
spay or neuter the animal at the time of adoption if such persons purchase a juvenile license and pre-
purchase an adult altered license, effective the month that the animal ,vould become six months of age
Such persons shall also pay a spay or neuter deposit that shall be returned to the adopting person upon
submission of proof that the sterilization was performed within six months from the adoption Failure to spay
or neuter such a dog or cat is a violation of this chapter and a breach of the adoption contract and shall result
in the forfeiture of the adoption and return of the dog or cat to King County animal care and control for the
required spaying or neutering Persons adopting a juvenile dog or cat that is spayed or neutered may
purchase an adult altered license at the time of adoption, effective for one year
i
(King County 6-2010)
11-19
_ �bS9uy. lu 4
11114 210- 11 04 225 ANIMAL CARE AND CONTROL
b The manager of the regional animal services section may adopt administrative rules regarding
the adoption of animals from King County shelters or
2 Transferred to another animal welfare organization for adoption,
3 Entered into foster care or
4. Euthanized
C The county shall not sell any animals for the purposes of medical research to any research
institute or any other purchasers
D 1 Any unaltered dog or cat impounded more than once shall be spayed or neutered:
a by the regional animal services before the release of the dog or cat, or
b at the request of the owner after release of the dog or cat to the owner, but only if the owner
agrees to pay a cash deposit of two hundred fifty dollars and provides proof of neutering or spaying on a
form provided by the county In order for the deposit to be refunded to the owner the form must be
certified by a licensed veterinarian within ten days of release of the dog or cat to the owner If proof of
neutering or spaying is not provided within ten days the regional animal services may again impound the
dog or cat to verify that it is spayed or neutered If the animal is not spayed or neutered, the regional
animal services section may spay or neuter the animal before it is released to the owner
2 If the dog or cat is spayed or neutered by the regional animal services section, the cost of the
spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound ,
and redemption fees other,oise required under this chapter (Ord 16861 § 28, 2010 Ord 15801 § 21,
2007 Ord 11920§ 1 1995 Ord 10423 § 23, 1992 Ord 10168 §7, 1991 Ord 7986 § 2, 1987 Ord
7871, 1986 Ord 6370 § 7, 1983 Ord 6243 § 1, 1982 Ord 6049, 1982. Ord 5805 § 3, 1981 Ord
2428§ 12, 1975 Ord 1396 Art III §5, 1972)
11.04.220 Additional enforcement. Notwithstanding the existence or use of any other remedy the
manager of the regional animal services section may seek legal or equitable relief to enjoin acts or practices
and abate any conditions that constitute a violation of this chapter or other regulations adopted under this
chapter. (Ord 16861 §29 2010 Ord 15801 §22,2007 Ord 1396 Art III §6, 1972)
11.04.225 Additional enforcement-cruelty to animals.
A The manager of the animal care and control authority may prohibit a person who is issued a
notice and order for violation of K C C 11 04 250 or who is either charged or convicted of animal cruelty
under either RCW 16 52 205 or 16 52 207 from owning harboring, keeping or maintaining any animal if
the manager determines that the enforcement furthers the purposes of this chapter, in accordance with
the following a person may be prohibited from owning harboring, keeping or maintaining any animal
1 For up to four years, if the person is found in violation of the animal cruelty provisions of
K C C. 11 04 250 or convicted of a misdemeanor under RCW 16 52 207,
2 Indefinitely, if the person is convicted of a felony under RCW 16 52 205, or
3 Pending the final adjudication of either a notice and order issued under K G.C.11.04 250 or a
charge under RCW 16 52 205 or 16 52 207
B The director or authorized animal care and control officer may enforce this section through the
notice and order process in K CC 11 04 260 A notice and order issued to enforce this section is subject
to appeal, in accordance%,ith K CC 11 04 270 (Ord 15801 §66,2007).
L
t
(King County 6-2010)
11-20
ANIMAL CARE AND CONTROL REGULATIONS 1104 230-11 04 235
11.04 230 Nuisances defined. For purposes of this chapter, nuisances are violations of this
chapter and shall be defined as follows
A Any public nuisance relating to animal care and control known at common law or in equity
jurisprudence,
B A dog running at large within the county,
C Any domesticated animal whether licensed or not, that runs at large in any park or enters any
public beach, pond, fountain or stream or upon any public playground or school ground However, this
subsection shall not prohibit a person from walking or exercising an armal in a public park or on any public
beach .,hen the animal is on a leash, tether or chain not to exceed eight feet in length Also this subsection
shall not apply to any person using a trained service animal to animal shows, exhibitions or organized dog-
training classes if at least twenty-four hours' advance notice has been given to the animal care and control
authority by those persons requesting to hold the animal shows exhibitions or organized dog-training
classes,
D Any domesticated animal that enters any place where food is stored, prepared, served or sold to
the public, or any other public building or hall However this subsection shall not apply to any person using a
trained service animal, to veterinary offices or hospitals or to animal shows, exhibitions or organized dog-
training classes if at least t,�enty-four hours' advance notice has been given to the animal care and control
authority by the persons requesting to hold the animal shows,exhibitions or organized dog-training classes,
E Any female domesticated animal, whether licensed or not while in heat and accessible to other
animals for purposes other than controlled and planned breeding
F Any domesticated animal that chases, runs after or lumps at vehicles using the public streets and
alleys.
G Any domesticated animal that habitually snaps, growls, snarls, jumps upon or otherwise
threatens persons lawfully using the public sidewalks, streets, alleys or other public ways
H Any animal that has exhibited vicious propensities and constitutes a danger to the safety of
persons or property off the animal's premises or lawfully on the animal's premises Ho.vever, in addition to
other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply
I Any vicious animal or animal with vicious propensities that runs at large at any time is off the
owner's premises not securely leashed on a line or confined and in the control of a person of suitable age
and discretion to control or restrain the animal However, in addition to other remedies and penalties, the
provisions of this chapter relating to vicious animals shall apply,
J Any domesticated animal that howls, yelps, whines, barks or makes other oral noises, in such a
manner as to disturb any person or neighborhood to an unreasonable degree,
K Any domesticated animal that enters upon a person's property without the permission of that
person
L Animals staked tethered or kept on public property without prior written consent of the animal
care and control authority
M Animals on any public property not under control by the owner or other competent person,
N Animals harbored, kept or maintained and known to have a contagious disease unless under the
treatment of a licensed veterinarian,and
O Animals running in packs (14498§ 12,2002. Ord 7923§3, 1987 Ord 6370§8, 1983 Ord
1396 Art III§7, 1972)
11.04.235 Transfer of unaltered dogs and cats prohibited It is a violation of this chapter to sell
or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats
as prizes or gifts I Ord 10423§8, 19921)
(King County 6-2010)
11-21
r
11.04 240. 1104 260 ANIMAL CARE AND CONTROL
11.04.240 Unlawful acts against police department dogs-Penalty for violation.
A No person shall willfully torment torture, beat, kick strike or harass any dog used by a police
department for police ^^work, or otherwise interfere with the use of any such dog for police work by said
department or Its officers or members
B Any person who violates subsection A of this section shall be deemed guilty of a misdemeanor,
punishable by not more than ninety days in jail or not more than two hundred fifty dollar fine or both (Ord
4552§§2,3, 1979)
ra
' 11 04 250 Violations -unlawful acts-cruelty to animals -database.
A. It is unlawful for any person to.
' 1 Willfully and cruelly injure or kill any animal by any means causing it fright or pain,
2 By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or
to fail or neglect to aid or attempt alleviation of pain, suffering or injury the person has so caused to any
animal,
3 Lay out or expose any kind of poison, or to leave exposed any poison food or drink for humans
animals or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or
mingled. any kind of poison or ceadly substance or fluid vvilratever, on any premises, or in any unenclosed
place,or to aid or abet any person in so doing, unless in accordance with RCW 16 52 190,and
4 Abandon any domesticated animal by dropping off or leaving the animal on the street, road or
highway,in any other public place or on the private property of another.
B The regional animal services section shall keep a database containing the names of all persons
who are either found in violation of K C C 1104 250 or charged or convicted of animal cruelty under either
RCW 16.52 205 or 16 52 207 Further, the regional animal services section shall coordinate with law
enforcement, when necessary to keep this database current (Ord 16861 § 30, 2010 Ord 15801 § 24,
2007 Ord 14498§ 13,2002 Ord 1396 Art III§8 1972)
11 04 260 Violations-notice and order
A Wherever the manager of the regional animal services section or animal care and control officer
has found an animal maintained in violation of this chapter, the manager of the regional animal services
section shall commence proceedings to cause the abatement of each violation
1 B The manager of the regional animal services section or animal care and control officer shall issue
a notice of violation and an order directed to the owner or the person presumed to be the owner of the animal
maintained in violation of this chapter The notice and order shall contain
1 The name and address if known of the owner or person presumed to be the ovner of the animal
in violation of this chapter,
2 The license number, I available and description of the animal in violation sufficient for
identification
3 A statement to the effect that the manager or animal care and control officer has found the
animal maintained illegally with a brief and concise description of the conditions which caused the animal to
be in violation of this chapter, including reference to the specific sections of code or statute violated and,
where relevant, reference to the specific sections of code or statute authorizing removal of the animal,
4 A statement of the action required to be taken to abate the violation as determined by the
manager of the regional animal services section
a If the manager has determined the animal in violation must be disposed of, the order shall
require that the abatement be completed within a specified time from the order as determined by the
manager to be reasonable,
b If the manager of the regional animal services section determined to assess a civil penalty, the
order shajl require that the penalty shall oe paid within fourteen days from the order
5 Statements advising that if any required abatement is not commenced within the time specified,
the manager of the regional animal services section shall proceed to cause abatement and charge the costs
thereof against the owner,
1
(lung County 6-2010)
11-22
r
ANIMAL CARE AND CONTROL REGULATIONS 1104 260-11 04 270
6. Statements advising
a that a oerson 'caving a legal interest in the animal may appeal`rom the notice o`violation and
order or any action of the manager of the regional aroma services section to the board of appeals but only if
the appeal is made in v4it ng as provided by this chapter and filed with the manager of the reg onal animal
services sect on...r.h n fourteen days f-om the service of the notice of violation ano orcer, and
b that failure to appeal constitutes a vraver cf all right to an administrative hearing and
determination of-he matter
C The notice anc orcer shall be served or the owner or presumed ovine,of-he animal in violation.
D Service of-he notice of violation and order shall be made upon all persons entitled thereto.
1. Personally,
2 3y mailing a copy of the notice of vioation and order by certifed mat, postage prepaid return
receipt requested,to the person at the person's last known address, or
3 By postin0 the not ce of violation and orcer on the front door of the living unit of the owner or
person with rght to cantrol the animal if:he owner cr person is not home
E Proof of service of the notice of volation and order shall be made at the time o` service ay a
written declaration under penalty of perlary executed by tie person effecting service, declaring the time, date
and manner n which service was made (C-d '6861 § 31, 2010- Crd 15801 § 25 2007 Ord 6370§9,
1933 Ord 1396 Art III §9 1972).
11.04.270 Appeals.
A The King County board of appeals as established by Article 7 of the King Count/ Charter is
designated to hear cppeals by parties aggrieved by actions o`the manager of the regional animal services
section under this chapter The board may adopt reasonable rules cr requlations for conductnq its business
Copies of all rules and regulations adoot d by the board sha I be delivered to the manager of the regional
animal services section,who shall make them f,eely accessible to the public All decisions and findings of the
board shall be•ende-ed to the appellant in venting wdi a copy to the manager o=tie regional animal services
sec.icn
6 Any person entitled to service under K C C. 11.C4 26C.8 may apnea from any notice anc order
or any action of the manager of the regional animal services section under this chai by fl ing at the office
of the manacer of the regional animal sev ces section within fourteen days from the service of the order a
written appeal containing
1 A heading€n the wores "Before the Board of Appeals of the County of K€nrg',
2. A caption reading "Appea of giving the names of all appellants participating in file
appeal,
3. A brief statement suing forth the legal merest or each of the appal ants in the animal involved
in the notice and order
4 A one4 statement in concise language of the speofic order or action protested,together wth any
material facts claimed to support the contentions of the appellant
5 A brie' statement €r concise anguage of the relief sought, and the reasons why d is claimed the
protested order or action should be reversed,modified or o-herNise set aside,
6. The signatures of a I parties' names as appellants and their official mat ing addresses
7. The verification by declaration finder oenalty of perjury, of at least one appellant as to the truth
of the matters stated in the appeal
C The boars of appeals shal set a time and place not more than thirty days from tie notice of
appeal for a hearing on the appeal Written notice of the time and place of hearing shall be giver at least ten
days before the hearing to each appellant by the manage-clerk of-he ooa-d
D At the hearing, the appellart shall be entitled to appear in person to be reoresented by counsel
and to offer evidence that is pertinent and material to the action o` the manager of the regional animal
services section Only -hose matters or issues specifically raised by the appellant in tie wetter notice of
appeal sl all be cansiderea.
(King County6-2310)
11-23
1
1104 270-11 04 290 ANIMAL CARE AND CONTROL
E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of
the right to an administrative hearing
F Enforcement of any notice and order of the manager of the regional animal services section
issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal
that is vicious or dangerous or cruelly treated
G In proceedings before the board, the regional animal services section shall bear the burden of
proving by a preponderance of the evidence both the violation and the appropriateness of the remedy it has
imposed (Ord 16861 §32, 2010 Ord 15801 §28, 2007 Ord 1396 Art III § 10, 1972)
11.04.280 Redemption procedures. Any animal impounded pursuant to the provisions of Section
1104 210 may be redeemed upon payment of the redemption`ee as provided it Section 11 04 035 Owners
of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense but shall be
charged on the second offense at the second offense rate An additional kenneling fee for each twenty-four-
hour period or portion thereof, during Ivhich such dog or cat is retained by the impounding agency shall be
made payable to the county The redemption fee for livestock shall be as provideo in Section 11 04 035 plus
any hauling and boarding costs due Livestock not redeemed may be sold at public auction by the
impounding agency The hauling and boarding costs for livestock impounded shall be in accordance with the
rate established by contract betmeen the county and the given stock yard used for holding such animal (Ord
10168 § 8, 1991 Ord 7861 §2 1986 Ord 6702§2 1994 Ord 6370 § 10, 1983 Ord 6243§2, 1982
Ord 4610§6, 1979 Ord 3980§2, 1978 Ord 2428§13, 1975 Ord 1396 Art III§ 11, 1972)
11.04 290 Vicious animals-corrective action
A 1 An animal, declared by the manager of the regional animal services section to be vicious, may
be harbored kept or maintained in King County only upon compliance with those requirements prescribed by
the manager In prescribing the requirements, the manager must take into consideration the following
factors
a the breed of the animal and its characteristics,
b the physical size of the animal
c the number of animals in the owner's home,
d the zoning involved, size of the lot where the animal resides and the number and proximity of
neighbors.
e the existing control factors, including, but not limited to, fencing„ caging runs and staking
locations,and
f the nature of the behavior giving rise to the manager's determination that the animal is vicious,
including.
(1) extent of injury or injuries,
(2) circumstance, such as time of day, if rt was on or off the property and provocation instinct;
and
(3) circumstances surrounding the result and complaint, such as neighborhood disputes,
I identification credibility of complainants and witnesses
2_ Requirements that may be prescribed include but are not limited to,the following
a Erection of additional or new fencing adequate to keep the animal within the confines of its
property;
b Construction of a run within winch the animal is to be kept. Dimensions of the run shall be
consistent with the size of the animal,
c Keeping the animal on a leash adequate to control the animal, the length and location to be
determined by the manager When unattended the leash must be securely fastened to a secure object,
d Maintenance of the animal indoors at all times, except ;vhen personally controlled on a leash
adequate to control the animal by the owner or a competent person at least fifteen years old,and
e Removal of the animal from the county within forty-eight hours from receipt of such a notice
f
' (King County 6-2010)
11-24
ANIMAL CARE AND CONTROL REGULATIONS 11 04 290- 1104 335
3- Failure to comply with any requirement prescribed by the manager to accordance with this
section constitutes a misdemeanor Such an animal shall not be kept in unincorporated King County after
forty-eight hours after receiving vmtten notice from the manager Such an animal or animals found in
violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or
keeper of the animal or animals has no right to redeem the animal or animals
B 1 Any animal constituting a public nuisance as provided n this chapter shall be abated and
removed from the county by the owner or by the manager of the regional animal services section upon the
receipt of three notices and orders of violation by the owner in any one-year period_ though this removal ,
procedure shall not apply to the vicious animal removal procedure set out in K C C 11 04 290 A 3 Where it
is established by record in accordance with this chapter and no finding was entered showing that the ov,,ner
will be able to provide reasonable restraints to protect the pub is from repetitions of violations the manager of
the regional animal services section shall notify and direct the o.vmer of the animal to abate or remove the
same from the county within ninety-six hours from the notice If the animal is found to be within the confines
of King County after ninety-six hours have elapsed from the notice the same sha I be abated and removed
by the manager of the regional animal services section Animals removed in accordance with this section
shall be removed from King County or be subjected to euthanasia by the regional animal services section
2 Any animal that bites attacks or attempts to bite one or more persons t.,o or more times :.Jhin
a two-year period is declared to be a public nuisance and shall not be kept within unircorporated King County
forty-eight hours after receiving written notice from the manager Such an animal or animals found in
violation of this section shall be impounded and disposed of as an unredeemed animal and the o,vner or
keeper of[the] animal or animals has no right to redeem the animal (Ord 16561 §33, 2010 Ord 15801 §
27, 2007 Ord 7923§4, 1987 Ord 2428§14, 1975: Ord 1396 Art III§12, 1972)
11.04 300 Civil penalty and abatement costs -Liability of owner The civil penalty and the cost
of abatement are also personal obligations of the animal ov.ner The prosecuting attorney on behalf of King
County may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies
(Ord 1396 Art III§13, 1972)
11.04.310 Costs of enforcement action In addition to costs and disbursements provided for by
statute, the prevailing party in a collection action under this chapter may in the court's discretion, be allowed
interest and a reasonable attorneys fee The prosecuting attorney shall seek such costs interest and
reasonable attorneys fees on behalf of King County when the county is the prevailing party (Ord 1396 Art
III§14, 1971)
11.04 330 Addrttonal rules and regulations. The regional animal services section is authorized to
matte and enforce rules and regulations not inconsistent with the provisions of this chapter section, and it is
unla, ful to violate or fail to comply with any of such rules and regulations All of such rules and regulations
shall be reducea to writing and adopted in accordance with K C C chapter 2 98 (Ord 16861 § 34 2010
Ord 6370§12, 1983)
11.04 335 Waiver of fees and penalties.
A The manager of the regional animal services section may tivalve or provide periods of amnesty for
payment of outstarding licensing fees late licensing penalty fees adoption fees and redemption and
sheltering fees, in whole or in part, .,,hen to do so would further the goats of the regional animal services
section and be in the public interest
B In ceterminrng whether a waver should apply the manager of the regional animal services ,
section must take into consideration the follougng elements
1- The reason the animal was impounded,
2. The reason or basis for the violation the nature of the violation,the duration of the violation and
the likelihood the vtolatton,Aill not recur,
3 The total amount of the fees charged as compared with the gravity of the violation,
4 The effect on the owner, the animal's ti^.eVare and the regional animal services section if the fee
or fees or penalties are not waived and no payment is received. (Ord 16861 § 35,2010, Ord 15801 §29,
2007 Ord 10809§7, 1993 Ord 7986§3, 1987)
(King County 6-2010)
11-25
a
r
11.04 345-11 C4 410 ANIMAL CARE AND CONTROL
1 11.04.345 Private Animal Placement Permit-Citizen Complaint Process.
A Jpon receiving a citizen complaint involving the maintenance & either an Individual or
Organizations] Private animal Placement Permit the director shall cause the fcllcwng tc be performed-
1, Issue a Notice of Complaint to the holder of the permit anc the organizatioi which issued the
r permit,if appl cable advising such person of the alleeat on(s)made it the complaint
2. Require the permit holder and o-ganizaticn if appicabe to respond, it writing, to the
allegaton(s)in the Notice of Complaint wrhin ten days of receipt of the Notice of Complaint
' 3 Investicate- the allegatren(s) in the written complaint and tie response submitted by the permit
im
holder,and organiza•ioi if applicable
4 Make a finding as -o the validity of the allegations) in the complaint It it s found to be a vatic
complaint tie d rector shall revoke the permit pursuant to the qualifications described in K C C 1104 030
1 and K C C 11 04 165
6 Failure to resoonc, in writing to a Notice of Complaint ✓ithin ten days shall constitute a waiver o`
the permit holder's and organizatron's, if applicable right to contest the allegation(s) in the complaint anc
shall be prima facie =_v dence that the allegationis)are valid and the permit shall be revoked (Ord 10809§
5,1993)
IV. MANDATORY SPAY AND NEUTER PROGRAM
' 11.04.400 Mandatory spaying and neutering.
A No person shall "n or harbor any cat or cog over the age of six moiths that has not beer
spayed or neutered unless the person holcs an unaltered an mat license for the animal pursuant to K C C
1104131
B Guide dog puppies in liaising and poles service dogs are exempted from the provisions of this
section
C Any dog or cat over the age of six months adopted from an animal shelter in King County shall be
spayed or neutered before trans`er to the owner (Ord 1C423§2, 1992)
11.04.410 Spay or neuter vouchers. Whei issuing a license for an unaltered pet the regional
animal services section may provide to tl-e applicant a voucher for tl-e payment of al or part of the cost of a
spay o•neuter cperaticn oy a licensed veterinarian on the pet,wth the amount of the voucher established by
the manager of regional anunal services based upon available resources and appropriation authunty being
provided by the ccunci The regional animal services section sha I compile, maintain and make available to
the oubli- a list of veterinarians who accep: tie vouchers as full or partial payment `or spay or neuter
operations Spay or neuter vouchers shall be redeemed through the Kirg County treasury by veterinarians
who have performed a spay or neuter operation on a pet licensed in King County as an unatered pet ,Ord
1 C861 §36, 2010 Ord 15801 §30,2CO7 Ord 10423§24, 1992)
1
r
r
(King County6-2010)
11-26
r
1
t
ANIMAL CARE AND CONTROL REGULATIONS 1104 500-1104 550
V. OTHER PROVISIONS
11.04 500 Euthanasia rate targets.
A It shall be the policy of King County that a maximum euthanasia rate target is set to measure the ,
progress to•vards reducing the rates of cats and dogs euthanized by the regional animal services secton or
its designees The euthanasia rates shall be calculated based on the total number of live cats and does take
in to King County custody to include stray, homeless, abandoned, unwanted or surrendered animals and
animals euthanized at an owner's request The euthanasia rates shall exclude animals euthanized at the
order of the director of the Seattle-King County department of public health and those animals who are not in
the custody of King County but are brought to a King County shelter by their owner or guardian for the
purposes of licensing, or clinic services such as spaying, neutering and vaccinations should such services
be made available to the public by the regional animal services section
B The total number of cats and dogs euthanized by the regional animal services section is not to
exceed fifteen percent (Ord 16861 §37, 2010 Ord 15801 §31,2007 Ord 10423§6 1992)
11.04.510 Unaltered dogs and cats - Advertising requirements. No person in unincorporated
King County shall publish or advertise to King County residents the availability of any unaltered cat or dog
unless the publication or advertisement Includes the unaltered animal's license number or the animal's
juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from
advertising in national publications for sale of a planned litter or litters (Ord 10423§9, 1992)
11.04520 Rabies vaccination required All dogs and cats six months of age or older shall be
vaccinated against rabies All vaccinations shall be performed in accordance%-ith the standards contained in
the Compendium of Animal Rabies Control as amended, published by the National Association of State
Public Health Veterinarians Inc (Ord 10423§19, 1992).
11 04.530 Exemptions from chapter. The provisions of this chapter shall not apply to dogs and
cats in the custody of an animal facility registered or licenses by the United States Department of Agriculture
and regulated by 7 United States Code 2131,et seq (Ord 10423§20, 1992)
1104 540 Unauthorized release of animals from confinement No person other than the owner
or person authorized by the o,r ner of the animal shall release any animal from any confinement vehicle or
restraint unless the release is necessary for the immediate health and safety of the animal, though this
section shall not apply to peace officers and animal care and control or humane officers (Ord 15801 § 32
2007 Ord 10423§21, 1992)
1104550 Monitoring and reporting The regional animal services section shall report to the
council no less than twice each year on the number of animals taken into King County's custody the average
length of stay for animals, the number of animals redeemed by their owners, the number of animals adopted,
the number of animals transferred to other animal welfare organizations or agencies the number of animals
euthanized the number of animals euthanized at an owner's request the number of animals euthanized due
to a determination of vicious temperament,the number of animals euthanizec due to a determination that the
animal had a poor or grave prognosis of health and was irremediably suffering, the number of animals that
die of causes other than an administered method of euthanasia the number of animals spayed or neutered,
the number of animal cruelty cases, the number and type of pet licenses issued and the number of spay or
neuter vouchers issued and redeemed The reports shall include program revenues, expenditures, status of
payments from cities for contractual services, an accounting for the use of the animal bequest funds and t
impacts to the general fund These fence-annual reports shall be prepared concurrent Aith and include the
reports developed for cities per the terms of any interlocal agreements for regional animal services One
paper copy and an electronic copy of each report shall be filed with the clerk of the council ,,,no shall
distribute electronic copies to all councitmembers (Ord 16661 §38, 2010 Ord 15801 §33, 2307 Ord
10423§22, 1992)
(King County 6-2010)
11-27
t
x
1 11.04 560- 11 04 580 ANIMAL CARE AND CONTROL
11,04.560 Public information education. The animal care and control authority in conjunction with
the King County animal care and control citizen's advisory committee shall develop a pubic nfermation and
education campaign about responsible pet ownersh p pet adoption and the oerefits of spay and newer
1 oaei ations The campaign should be courdinated with other animal interest groups —he materials shall je
made available to the general public and provided to each person obtaining a license or redeeming a pet
Materials shall he made available to and disseminated through veternanans, pet shops, catteres kennels
and the media The use of pro bono assistance from entities having expertise in pi.blic advertising or
1 information campaigns is encouraged (Ord 15801 §34,2007 Ord 10423§25, 1992)
11.04.570 Breeder certification program. The regional animal services section shall develop a
breeder certification program including a definition of the term "breeder,"to promo'e the 'best management
vac'ices" for the breecing and caring of animals The proposed breeder certification program shall oe
submitted to the county council for approval fOrd 1686' §39,2010 Ord 15801 §35, 2307 Ord 10423§
26, 1992)
11.04.580 Canvassing program. The animal care and control authority shall develop and
implement a >Velve-month program to canvass for compliance wch the licensing requirements (:f this
chapter The program shal be directed at households within unincorporated areas of King Courty and cities
under contract with King ounty for animal care control services Animal care and control authority
empoyees and persons or organizations under contract to the animal care and control authority performng
the canvassing may ssue pet icenses and collect license fees The canvassing p-og'am shall be rev ewed
by the animal care and control authority Funding for sib=_equent years shall be reviewed annualy based
uoor an evaluation of the efficacy of the canvassing program (Ord 15301 § 36 20)7 O�d 10423§ 27,
1992)
i
1
I
1
1
(King County 6-2010)
11-28
RABIES CONTROL 1112 010-11 12 040
Chapter 11.12
RABIES CONTROL
Sections:
11 12 010 Quarantine order
11 12 020 Notice of rabies hazard-quarantine period
11 12 030 Violation of quarantine.
11 12 040 Euthanizing of infected animals
11 12 050 Vaccination order
11 12 060 Enforcement
11.12 010 Quarantine order Whenever the director of the Seattle-King County department of
public health has cause to suspect that an animal capable of transmitting rabies is infected with the disease,
the director shall order a period of quarantine of not less than ten days The drector shall notify in writing the
owner or keeper of the infected animal of the quarantine order The infected animal shall be quarantined by
the regional animal services section in the in its shelter or upon the premises of the owner or licensed
veterinarian where conditions of quarantine are strictly kept The place of quarantine shall be at the
discretion of the director unless the animal had been exposed to rabies by contact in w1hich case K C C
11 12 040 shall apply Delivery of a copy of the quarantine order to some person of suitable age and
discretion residing upon the premises where the animal is found shall be notice of the quarantine Good
cause for such an order of quarantine shall include, but is not limited to, evidence that the animal has bitten,
or that there is easonable certainty that the animal has bitten, a human being During the period of
quarantine the officers agents and employees of the regional animal services section and other police
officers are authorized to enter any premises for the purpose of apprehending any such an animal and
impounding the animal except where the animal is kept upon the premises of the owner or licensed
veterinarian as provided in this section (Ord 16861 §43, 2010 Ord 15971 §62,2007 Ord 15801 §45
2007 Ord 14498§17,2002 Ord 1378§ 1, 1972 Ord 1361 §2. 1972 Res 27312§1, 1964)
11.12.020 Notice of rabies hazard-quarantine period. Whenever the director of the Seattle-King
County department of public health determines that rabies is currently a hazard to the public health in King
County, or any part thereof, incorporated or unincorporated, excepting cities of the first class by reason of
the fact that a case of rabies has been diagnosed in any canine or feline animal, the director shall cause a
notice of the hazard to be published in a newspaper of general circulation in the area for three successive
days, which determination and notice shall declare the quarantine period and area The quarantine period
shall be thirty days after the last publication of notice, and rt is a misdemeanor and is unlawful for any o,'Vner,
or person entitled to custody of such an animal, to keep or harbor any animal capable of transmitting rabies
unless securely confined by a leash or tight enclosure from which it cannot escape Any animal capable of
transmitting rabies found running at large during such a period shall be impounded and euthanized by order
of the director of the Seattle-King County department of public health or the directors agent named in K C C
11 12 060 If apprehension and impounding by safe means is not possible the animal may euthanzed
summarily by the agent The director of the Seattle-King County department of public health may extend any
such a quarantine period if deemed necessary by like additional determinations and notices (Ord 15801 §
46,2007 Res 27312§2, 1964)
11 12.030 Violation of quarantine It is a misdemeanor and is unlawful for any owner or person
charged with the custody of any animal subject to a quarantine defined in Sections 11 12 010 and 11 12 020
to permit any such animal to come in contact with any other animal or person or to run at large or to be
removed from any quarantine premises without the consent of the director of Public Health. (Res 27312§3,
1964j
1112 040 Euthanizing of infected animals. Any animal bitten by an animal found to be rabid by
appropriate laboratory tests shall be euthamzed by order of the director of the Seattle-King County
department of public health (Ord 15801 §47 2007 Res 27312§4, 1964)
(King County 6-2010)
11-39
11 12 050- 11 12 060 ANIMAL CARE AND CONTROL ,
11.12.050 Vaccination order. Whenever the director of the Seattle-King County department of
public health by order published in a ne vspaper of general circulation in the area for three successive days
determines that conditions exist as indicated in K C C 11 12 020 in a specified area wherein it is necessary
for the protection of the public health that animals capable of transmitting rabies be vaccinated --thin thirty
days v;ith antirabies vaccine, the director shall order that all such animals four months old or older be so
vaccinated or euthanized at the option of the owner or keeper and it is a misdemeanor and is unlas�ful for
any owner, or person charged with the custody of such an animal, to fail or refuse to procure the vaccination
within the specified time (Ord 15801 §48, 2007 Res 27312§5 1964) ,
11.12.060 Enforcement The erector of the Seattle-King County Department of Public Health is
authorized to enforce the provisions of this chapter the ordinances and resolutions codified in it, and any
rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Title 23 ,
(Ord 2910§2(part), 1976 Res 27312(part), 1964)
r
f
1
1
(King County 6-2010)
11-40
1 DISPOSITION OF FOWL AND RABBITS 1120 010-11 20 020
Chapter 11.20
1 DISPOSITION OF FOWL AND RABBITS
Sections:
11-20 010 Age restriction for disposition or coloration
11 20 020 Penalty for violations
1 11.20.010 Age restriction for disposition or coloration. It is unlawful for any person, firm or
corporation to sell, offer for sale, barter or give away any fowl under three weeks of age or any rabbit under
two months of age as a pet, toy, premium or novelty, or to color, dye, stain or other.^nse change the natural
color of any such fowl or rabbit (Res 30346§ 1 1965)
11.20.020 Penalty for violations. Any person,fern or corporation violating this chapter is guilty of a
misdemeanor as defined under the laws of the state of Washington and upon conviction thereof shall be
punished by a fine not to exceed three hundred dollars or by imprisonment in the county tail for a period not
to exceed thirty days (Res 30346§1, 1965)
� r
1
1
1
1
1
1
1
1
1
(King County 6-2010)
11---41
STOCK RESTRICTED AREA 11 24 010- 1124 030
Chapter 11.24
STUCK RESTRICTED AREA'
Sections: ,
11 24 010 Stock restricted area.
11 24 030 Penalty
11 24 010 Stock restricted area. All of King County, except national forest lands owned by the ,
federal government,is designated a stock restricted area in which it is unlawful to permit livestock, as defined
in K C C 21A 06 695, to run at large (Ord 11792§9, 1995: Ord 5975§ 1, 1982)
11 24.030 Penalty Any violation of this ordinance is a misdemeanor and the punishment shall be ,
provided by the laws of the State cf Washington (Ord 5975§3 19821
i
'For statutory provisions regarding stock restricted areas,see chapter 16.24 RCW ,
(King County 6-2010)
11-43 ,
EXOTIC ANIMALS
11.28
Chapter 11.28
EXOTIC ANIMALS
Sections:
11 28 010 Chapter intent
11 28 020 Definitions
11 28 030 Possession unlawful-exception-rules and regulations compliance.
11 28 040 License-issuance generally-fees
11 28 050 License-application-content
11 28 060 License-issuance-inspection
11 28.070 Periodic inspection of premises
11 28 080 License revocation-notice-hearing.
11 28 090 Violation-penalty
11 28 100 Euthanasia in exigent circumstances
11 28 110 Chapter limitations
i � I
i
(King County 6-2010)
11-45
1
' EXOTIC ANIMALS 1128 010- 1128 050
' 11.28.010 Chapter intent. It is the intent of the King County council to limit and set conditions on
the possession or maintenance of exotic animals in order to preserve the public peace and safety and to
assure the humane treatment of exotic animals (Ord.2473§ 1, "975)
' 11 28 020 Definitions. The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise
A "Animal care and control authority"means the regional animal services section in the records and
licensing services division, acting alone or in concert%%ith other municipalities for enforcement of the animal
care and control Ions of the county and state and the shelter and welfare of animals
B "Director"means director of the department of executive services
C 'Exotic animal' means any of the following
1 Venomous species of snakes capable of inflicting serious physical harm or death to human
beings,
2. Nonhuman primates and prosimians,
3 Bears,
4 Nondomesticated species of felines;
5 Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids and
6 The order Crecodylia, including alligators crocodiles caimans and gavials (Ord 16861 § 44,
2010, Ord 15971 §63, 2007 Ord 15801 § 40, 2007 Ord. 14498§18 2002 Ord 11340 § 1, 1994 Ord.
2473§2, 1975)
11.28 030 Possession unlawful - exception - rules and regulations compliance The
possession or maintenance of an exotic animal within King County by private citizens as pets is prohibited
unless the owner possessed or maintained the exotic animal on or before June 10 1994, and agrees to
promptly act to satisfy the licensing requirements in K C C. 11 28.040 through 11 28.090 and such rules and
regulations as the animal care and control authority may adopt as provided in K C C chapter 2 98 regarding
the maintenance of the animals (Ord. 15801 §50,2007 Ord 11340§2, 1994 Ord 2473§3, 1975)
11.28.040 License-issuance generally-fees The animal care and control authority may cause
to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain all or
some of such species of exotic animals are specified according to K.0 C 11 28030 if the application is
accompanied by payment of the license fee, contains the information required by K C C 11 28 050 and
meets the cage or confinement rules and regulations of the animal care and control authority
The fee for the license shall be as provided for in K C C. 11 04 035. All licenses shall expire one
year from the original application (Ord 15801 § 51, 2007 Ord 11161 § 1, 1993 Ord 10671 § 1, 1992-
Ord 10168§10, 1991 Ord 2473§4, 1975)
11 28.050 License-application-content
A verified application for an exotic animal owner's license made in triplicate shall be filed by the
applicant with the animal care and control authority The application shall contain the following
A A legal or otherwise adequately precise description of the premises that the applicant desires to
1 use under the required license
B Whether the applicant anms or rents the premises to be used,
C If the applicant rents the premises, a ;rntten acknowledgment by the property owner that the
applicant has the owner's permission to carry on the activity as described in the license application for the
' duration of the license,
D The extent of improvement upon the premises,
E A map or diagram of the premises showing where the improvements are located thereon
F A statement indicating the species of exotic animal that the applicant desires to possess or
' maintain,
G. A statement indicating how the animal will be caged or otherwise confined, accompanied with a
drawing detailing the dimensions of and the materials usec for the cage or similar confinement, and
H Such further information as may be required by rules and regulations of the animal care and
control authority (Ord. 15801 §52,2007 Ord 2473§5, 1975).
(King County 6-2010)
11-47
1128 060-11 25 100 ANIMAL CARE AND CONTROL
11.28.060 License - issuance - inspection. If, after investigation by the manager of the regional '
animal services section it appears that the applicant is the ovmer or'enant of or has a possessory interest in
the property shown in 'he application if applicable has the written permission of the property o%mer as
specified in K C C 11 28 050 and that the applicant intends in good faith to possess or maintain an exotic
animal in accordance with the law and the rules and -egulations of tie regional animal services section, the
regional animal services section shall issue a license to the applicant describing therein the oiemises to be
used by the licensee and certrfytng that the licensee is lawfully entitled to use the same for the possession or
maintenance of the exotic animal or auras specified in the license However, before issuing tl-e license, '
the regional animal services section shall inspect the cage or other confinement as required by rule or
regulation anc specified in the licensee's application in order to determine whether the case or confinement
meets the standard specifications for the classification of the exotic animal If the cage or confinement is ,
deemed inadequate the applicant shall make sici changes as are necessary 'o meet the standard
specifications before the license shall be issued (Ord 1-00861 §45, 2313 Ord 15801 §53 2007 Ord 2473
§6, 1 C7E)
11.28.070 Periodic inspection of premises. The manager of the regional animal services section
or any other officer authorized by the manager, may make routine periodic- inspections of a licensee's
premises and recores in order to determine the number kind weight and condition of exotic animals
possessed by the licensee, and for purposes of enforcing this chapter and the rules and egulations of the
regional animal services sector ,O,d 16861 §46,2010. Ord 15801 §54 2007 Ord 2473§7 1975j
11.28 080 License revocation - notice - hearing. The animal care and control authority Tray
revoke, suspend or refuse to renew any exotic animal owners Ircense upon good cause for failure to ccmply
with any provision of this chapter or the rules and regulations of the animal care and contro authority
authorzed by this chapter though the violator shall be first notified of the specific v€clation or violations anc, if
the violation car be remedied, the violator shall have fifteen cays after receiving the notce of violation to
correct the viclation Also, enforcement of such revocatior suspension or refusal shall be staved during the
pendency of an appeal filed in the manner provided by K.0 C 11 04 270 (Ord 15601 § 55 2007 Ord
2473§8 1975)
11.28 090 Violation - penalty. Any person possessing or maintaining an exotic animal in King
County without an exotic aninial owner's license as provided herein or tiansferung possession of an exotic
animal tc a person not licensed as provided by this chapter, is guilty of a misdemeanor and is subject to a
fine not to exceed two hurdred fifty dollars andicr by imprisonment not to exceed ninety days i Ord 2473 §
9, 1975)
11.28100 Euthanasia in exigent circumstances An exotic animal possessed or maintained in
violation of.his chapter or-he rules anc regulations of the animal care and control authority may oe sL bled to
eutharasia as defined in K C C 11 04 020 F if any one of the fallowing eKicert circumstances is deemed to
exist by the manager of the animal care aid control authority section
A The exotic animal piesents an onmment likelihood of serious physical harm to the public and ,
there is no other reasonab y available means of abatement,
B There is no reasonable basis to believe that the violation can be or in good faith will be corrected
and after reasonable search or irguiry by tie animal care aid control authority nc facility as authorized by
local state or federal aw is available to house the exotic animal,or ,
C The exotic animal suffers from a communicable disease injurous -o other animals or human
beings though this subsection shall not apply if the animal is under treatment by a icensed veterinanan and
may reasorably be expected to recover without infecting other animals or human beings (Ord 15801 § 56,
2007 Ord 2473§I 1975)
(King County-3 2010',
11-4$
EXOTIC ANIMALS 11 28 110
11.28.110 Chapter limitations.
A The purpose of this chapter is to prohibit the private ownership of exotic animals as pets
Therefore, the provisions of this chapter shall not apply to any facility possessing or maintaining exotic
animals as defined in this chapter v hich is owned operated or maintained by any city, county state or the
federa, government, including but not limited to public zoos, nor shall it apply to museums laboratories and
research facilities maintained by scientific or educational institutions, nor to private or commercial activities
such as circuses, fairs or private zoological parks ,which are othi regulated by law, nor to any
' recognized program engaged in the training of exotic animals as defined in this chapter for use as service
animals by disabled citizens
B Breeding, or allowing the reproduction of, exotic animals as defined in this chapter is prohibited,
provided that this prohibition shall not apply to any governmental facility possessing or maintaining exotic
animals nor shall it apply to private or commercial activities as set forth in section A tOrd 11340§3, 1094
Ord 2473 g 11, 1975)
' (King County 6-2010)
11-49
GUARD DOGS 1132
Chapter 11.32
GUARD DOGS
Sections,
11 32 010 Intent
11 32 020 Definitions.
11 32 030 Guard dog purveyor-license-fees '
11 32 040 Guard dog purveyor-license-application
11 32 050 Guard dog trainer-license required-fee
11 32 060 Guard dog trainer-license-application
11 32 070 Guard dog-registration '
11 32 080 Guard dog-registration -application
11 32 090 Inspections
11 32 100 Enforcement authorization
1132110 Limitations '
(King County 6-2010) '
11-51
GUARD DOGS 1132 010-11 32 040
1132 010 Intent. It is the intent of the King County council to set reasonable requirements and
conditions governing the training, selling and conveying of guard dogs and the use of such animals for the
protection of person andlor property The council finds such regulation is necessary to preserve the public
peace and safety and to insure the humane treatment of said animals (Ord 3232§1, 1977)
11.32.020 Definitions. The defindions in this section apply throughout this chapter unless the
context dearly requires othenvrise ,
A "Animal care and control authority" means the regional animal services in the records and
licensing services division acting alone or in concert %with other municipalities in the enforcement of the
animal care and control laws of the county and state.
B. "Director"means director of the department of executive services
C. "Guard dog" means any member of the dog family Canrdae that has been trained or represented
as trained to protect either person or property or both by virtue of exhibiting hostile propensities and
aggressiveness to unauthorized persons
D "Guard dog purveyor" means any person, firm or corporation supplying guard dogs to members '
of the public
E "Guard dog trainer"means any person,either as an individual or as an employee of a guard dog
purveyor,whose prime function is the training of dogs as guard dogs
F "Rules and regulations of the regional animal services section"means such rules and regulations
consistent with the intent of this chapter, as may be adopted by the regional animal services section under
K C C chapter 2 98 (Ord 16861 §47 2010 Ord 15971 §64 2007 Ord 15801 §57,20D7 Ord. 14498§
19,2002 Ord 3232§2, 1977)
11.32.030 Guard dog purveyor-license-fee. '
A. It is unlai for any person,firm or corporation to supply guard dogs to the public without a valid
license so to do issued to the person, firm or corporation by the animal care and control authority Only a
person -rho complies rvith this chapter and such rules and regulations of the animal care and control authority
as may be adopted in accordance with this chapter shall be entitled to receive and retain such a license
Licenses shall not be transferable and shall be valid only for the person and place for which issued The
licenses shall be valid for one year from issue ,
B The fee for the license shall be two hundred fifty dollars per year,but if the guard dog purveyor is
in possession of a valid animal shelter, kennel and pet shop license the fee for the guard dog purveyor
license shall be reduced by the amount of the animal shelter kennel and pet shop license (Ord 15801 §58,
2007 Ord 3232§3 1977)
1132 040 Guard dog purveyor-license-application Any person desiring to supply guard dogs
to the public shall make �vrtten application for a license on a form to be provided by the animal care and
control authority The application shall be filed with the animal care and control authority and shall include the '
follovong
A. A legal description of the premises or the business address of the office from which the applicant
desires to supply guard dogs,
B A statement of whether the applicant owns or rents the premises to be used for the purpose of '
purveying guard dogs If the applicant rents the premises,the application shall be accompanied by a urdten
statement of acknowledgment by the property owner that the applicant has the property owner's permission
to purvey guard dogs on the premises for the duration of the license and
C. A written acknowledgment by the applicant that before the actual commercial sale or purveyance ,
of any and all guard dogs the licensee shall coordinate with the animal care and consot authority in properly
marking the guard dog and in notifying all customers of the guard dog purveyor that the customer is required
to register the guard dog and pay the appropriate registration fee to King County before the animal '
performing guard dog functions (Ord.15801 §59,2007 Ord. 3232§4,1977).
(King County6-2010)
1 i-53
11.32 0511- 11.32 0811 ANIMAL CARE AND CONTROL
11.32.050 Guard dog trainer-license required•fee.
A It is Unlawful for anyone to engage in the training of dogs as guard dogs without a valid license so
to do issued to the person by the animal care and control authority Only a person who complies with this
chapter and the rules and regulations of the animal care and control authority shall be entitled to receive and
retain such a license Licenses shall not be transferable and shall be valid only for the person for which they
were issued Licenses shall be valid for one year from issue
B The cost of the license to each guard dog trainer shall be fifty dollars per year (Ord 15801 §60,
2007 Ord 3232§5, 1977)
11.32 060 Guard dog trainer-license - application Any person desiring to tram dogs as guard
dogs shall make v,ritten application for a license on a form to be provided by the animal care and control
' authority All such applications shall be filed with the animal care and control authority and shall contain the
following
A A legal description or business address of the premises at which the applicant desires to train the
guard dogs,
B A statement of whether the applicant is self-employed or a member of a business, firm,
corporation or organization that trains guard dogs If the applicant is a member of such a business, firm,
corporation or organization the applicant shall state the name of the entity and shall provide the name of the
major executive officer of the entity, and
C If the premises at which the applicant proposes to train dogs as guard dogs is rented the
application must be accompanied by a written statement of acknowledgment from the property owner that
the applicant has the owner's permission to carry on the activity of guard dog training at the location for the
' duration of the license (Ord 15801 §61,2007. Ord 3232§6 1977)
11.32 070 Guard dog -registration. All persons using dogs as guard dogs shall register the dogs
with the animal care and control authority The cost of the registration shall be as provided in K.0 C
11.04 035 The reg strations shall be valid for one year from date of issue All registrations shall be affixed
on the guard dog in such a manner so as to be readily identifiable (Ord 15801 §62 2007 Ord 10168 §
11, 1991 Ord 3232§7, 1977)
' 11.32.080 Guard dog - registration -application. Any person desinng to use a guard dog shall
register the dog with the animal care and control authority and the registration shall be accompanied by the
following information
' A A legal description or business address of the premises that the applicant desires to employ a
registered guard dog to prevent unauthorized intrusion.
B A statement whether the applicant o,rns or rents the premises to be guarded If the applicant
rents the premises,the application must be accompanied by a written statement of acknowledgment from the
' property owner that the applicant has the owner's permission to use a guard dog on the premises to prevent
unauthorized intrusion for the duration of the registration,
C A description of the guard dog for purposes of identification,
D. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to
exhibit hostile propensities,
E Acknovledgment by the applicant that the premises to be guarded has devices, such as fencing,
to prevent general access by the public dunng those times the guard dog is used for purposes of protecting
the premises and persons for unauthorized intrusion The acknowledgment shall contain a statement that
the premises is properly signed to fore,varn the public of the presence of a guard dog and
F Acknor.ledgment by the applicant that the guard dog will be maintained in such a manner as to
ensure the safety of the public and the welfare of the animal (Ord 15801 §63,2007 Ord 3232 §8 1977).
I
' (K ng County 6-2010)
11-54
GUARD DOGS 1132 090- 1132 110
11.32 090 Inspections. The manager of the regional animal services section or the manager's '
authorized representative shall inspect all premises that are the subject of the licenses and registrations
required in this chapter before the issuance of licenses or registrations The inspections shall include but not
be limited to a verification that adequate measures are being taken to protect the health welfare and safety
of the general public and to ensure the humane treatment of the guard dogs If the premises are deemed
inadequate, the regional animal services section shall direct the applicant to make such changes as are
necessary before the license or registration is issued The manager of the regional animal services section
or the manager's authorized representative may make the inspections of a licensee's premises or the '
premises of an area guarded by a registered guard dog for the purpose of enforcing this chapter and the
rules and regulations of the regional animal services section (Ord 16861 § 48 2010 Ord 15801 § 64,
2007 Ord 3232§9,1977).
11,32.100 Enforcement authorization. In protecting the health, safety and wel`are of the public to '
enforce the laws of the state of Washington as they pertain to animal cruelty shelter welfare and
enforcement of control the manager of the regional aroma' services section and the managers authorized
officers are authorized to take such lavlul action in exercising appropriate pov.,ers and responsibilities in '
Article III of Ordinance 1396 and K C C chapter 11 04 (Ord 16861 §49, 2010 Ord 15801 § 65, 2007
Ord 3232§13, 1977)
11.32.110 Limitations The provisions of this chapter shall not apply to any facility possessing or
maintaining dogs or guard dogs as defined in this chapter which is o vned, and operated or maintained by
any city, county, state or the federal government provided private parties renting or leasing public facilities
for commercial purposes as specified in this chapter shall not be exempt (Ord 3232§14, 1977) ,
II
(King County 6-2007)
11-55
Chapter 8.03 ANIMAL CONTROL* Page 1 of 30
Chapter 8.03
' ANIMAL CONTROL*
Sections:
' 8 03 010 Purpose.
8.03020 Intent.
8 03 030 Definitions
' 803.040 Animal license— Required.
803.045 Exotic animals— License
8 03 050 Animal license — Fees.
' 803.060 Penalty
8.03070 Nonapplicability.
8.03030 Animal shelter, kennel, grooming parlor, cattery, hobby kennel, and pet
' shop license— Required
8.03.090 Compliance with local zone and health regulations
' 8 03 100 Reporting required.
8.03110 Inspection
8 03 120 Unsanitary conditions unlawful.
' 8 03 130 Conditions
8.03140 Indoor facilities.
8.03150 Outdoor facilities.
' 8.03160 Hobby kennel license— Required f�
8 03 170 Grooming parlors — License required.
8.03180 Same— Conditions
8 03 190 Animal shelters, catteries, hobby kennels, kennels, pet shops, grooming
parlors, guard dog purveyors, guard dog trainers, and guard dog owners
—Additional conditions
' 8 03 200 Licenses, registration — Revocation, suspension, refusal to renew.
803.205 Animals in parks
8 03 210 Animal nuisances defined.
' 8 03.220 Dangerous and potentially dangerous dogs— Defined —Ownership
requirements
' 8 03 230 Registration, fee.
803.240 Unlawful activities
8 03 250 Confiscation and penalties.
8.03260 Reserved.
803.270 Reserved
8 03 280 Poisonous reptiles, poisonous snakes, and constrictor snakes.
' 8.03290 Enforcement power
8 03 300 Violations.
8 03 310 Impounding
' 803.320 Euthanasia, sale, or adoption of animals not redeemed— Prohibitions.
8 03 330 Reserved
8.03340 Dealers and research facilities — Reports and records available for public
' inspection.
803.350 Additional enforcement.
'
http://www.codepublishing.com/wa/kent/html/Kent08/KentO8O3.html 28 2010
.codepublishing.com/wa/kent/html/Kent08/Kent0803 ml 9/ /
Chapter 8.03 ANIMAL CONTROL* Page 2 of 30 '
8,03360 Violations—Notice and order.
8.03.370 Appeals r
8 03 380 Redemption procedures.
8 03 390 Nuisances, removal.
8 03 400 Civil penalty and abatement costs.
803.410 Supplemental provisions.
8 03 420 Waiver of fees and penalties. '
*Cross reference(s)—Animals in parks and recreation areas, §4.01.030; environmental
policy, Ch. 11 03; keeping of animals, § 15.08 070 ,
State law reference(s)—Trespass of animals, RCW 16.04 005 et seq., dangerous dogs,
RCW 16.08.010 et seq '
8.03.010 Purpose.
It is declared the public policy of the city to secure and maintain such levels of animal '
control as will protect human health and safety, and to the greatest degree practicable,
prevent injury to property and cruelty to animal life To this end, it is the purpose of this
chapter to provide a means of licensing dogs, cats, animal shelters, hobby kennels, ,
kennels, and pet shops and controlling errant animal behavior so that it shall not become
a public nuisance, and to prevent cruelty to animals
(Ord No 2316, § 1; Ord. No 3156, § 1, 2-15-94 Formerly Code 1986, § 9 16 04)
8.03.020 Intent. ,
It is the city council's intent that the regulation and control of potentially dangerous or
dangerous dogs as defined in RCW 16 08 070 should apply in the city through
enforcement by the city's interlocal agreement with King County It is the city council's
further intent that the enforcement standards as provided for in RCW 16 08.070 et seq.
should control over any other local standard of enforcement for such dangerous or
potentially dangerous dogs as provided for in this chapter. '
(Ord. No. 2787, § 1, 6-21-88, Ord No 3156, § 1, 2-15-94)
8.03.030 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a ,
different meaning
Abatement means the termination of any violation by reasonable and lawful means '
determined by the director in order that an owner or a person presumed to be the owner
shall comply with this chapter
Animal means any living creature except persons, insects, and worms. t
Animal control authority means the King County animal control section, licensing and '
regulatory services division, acting alone or in concert with other municipalities for
enforcement of animal control laws and the shelter and welfare of animals.
Animal control officer means any individual employed, contracted, or appointed by the '
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.html 9/28/2010 '
Chapter 8.03 ANIMAL CONTROL* Page 3 of 30
animal control authority for the purpose of aiding in the enforcement of this chapter or
any other law or ordinance relating to the licensing of animals, control of animals, or
seizure and impoundment of animals, and includes any state or municipal peace officer,
sheriff, constable, or other employee whose duties in whole or in part include
assignments which involve the seizure and taking into custody of any animal.
Animal rescuer means any individual who routinely obtains an unwanted dog or cat or
who locates within ninety (90) days an adopted home for that spayed or neutered dog or
cat; provided, however, an interim, administrative extension may be granted by the
animal control authority for a maximum of six (6) months if a dog or cat is pregnant,
nursing, or injured and that condition is verified by a veterinarian.
Cattery means a place where four (4) or more adult cats are kept, whether by owners of
the cats or by persons providing facilities and care, whether or not for compensation, but
not including a small animal hospital, clinic, or pet shop An adult cat is one (1) of either
sex, altered or unaltered, that has reached an age of six (6) months
Dangerous dog means that term as defined by RCW 16 08 070, and KCC 8 03 220
' through 8 03 250
Director means the individual in charge of and responsible for the King County animal
control section, licensing and regulatory division
Domesticated animal means any animal made to be domestic and includes, but is not
limited to, domesticated fowl, small domesticated animals, and large domesticated
animals
Domesticated fowl means any duck, goose, swan, chicken, or other fowl of similar size
and character
Euthanasia means the humane destruction of an animal accomplished by a method that
involves instantaneous unconsciousness and immediate death, or by a method that
causes painless loss of consciousness, and death during such loss of consciousness.
Exotic animal means any of the following:
1 Venomous species of snakes capable of inflicting serious harm or death to
human beings
2 Nonhuman primates and prosimians.
3. Bears.
4. Nondomesticated species of felines
5 Nondomesticated species of canines and their hybrids, including wolf and coyote
hybrids
6 The order of Crocoddia, including alligators, crocodiles, caimans, and gavials.
' Grooming parlor means any place or establishment, public or private, where animals are
' http://www.codepublishing.com/wa/kent/htmi/Kent08/Kent0803.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 4 of 30
bathed, clipped, or combed, whether or not for compensation, for the purpose of
enhancing their aesthetic value
Harboring, keeping, or maintaining a dog or cat means performing any of the acts of
providing care, shelter, protection, refuge, food, or nourishment in such manner as to
control the animal's actions, or that the animal(s) is treated as living at one's house by
the homeowner.
Hobby cattery means a noncommercial cattery at or adjoining a private residence where
four(4) or more adult cats are bred or kept for exhibition for organized shows or for the
enjoyment of the species, provided, however, a combination hobby cattery/kennel license
may be issued where the total number of cats and dogs exceeds the number allowed
under KCC Title 15.
Hobby kennel means a noncommercial kennel at or adjoining a private residence where
four(4) or more adult animals are bred and/or kept for hunting, training, and exhibition for
organized shows, field, working, and/or obedience trials or for enjoyment
Juvenile means any dog or cat, altered or unaltered, that is under the age of six (6)
months
Kennel means a place where four(4) or more adult dogs or cats or any combination
thereof are kept whether by owners of the dogs and cats or by persons providing facilities
and care, whether or not for compensation, but not including a small animal hospital or
clinic or pet shop An adult dog or cat is one (1) of either sex, altered or unaltered, that
has reached the age of six (6) months
Large domesticated animal means any horse, mule, ass, bovine animal, Iamb, goat,
sheep, or other animal of similar size and character; provided, it shall not mean pigs or
swine of any kind.
Leash shall include a cord, thong, or chain not more than eight (8) feet in length by which
an animal is controlled by the person accompanying it.
Livestock means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules,
and fowl
Owner means any person having an interest in or right of possession to an animal or any
person having control, custody, or possession of any animal, or who, by reason of the
animal being seen residing consistently in a location, may presume to be the owner, and
includes the definition as provided in RCW 16.08 070
Pack of dogs means a group of three (3) or more dogs running upon either public or
private property not that of its owner in a state in which either its control or ownership is
in doubt or cannot readily be ascertained, and when such dogs are not restrained or
controlled.
Park means and includes all parks, squares, drives, parkways, docks, piers, moorage
buoys and floats, boulevards, golf courses, beaches, playgrounds and recreation areas, '
play fields, public gardens, green belts, and other park, recreation, and open space
http://www.codepublishing.com/wa/kent/htmi/Kent08/Kent0803.htm1 9/28/2010 '
Chapter 8.03 ANIMAL CONTROL* Page 5 of 30
areas, buildings, and facilities comprising the parks and recreation system of the city of
Kent
Person means any individual, partnership, firm, joint stock company, corporation,
association, trust, estate, or other legal entity
Pet shop means a person or establishment that acquires for the purpose of sale live
animals, including birds, reptiles, fowl, and fish, bred by others whether as owner-agent,
or on consignment, and sells or offers to sell such live animals, including birds, reptiles,
fowl, and fish, to the public or to retail outlets.
Potentially dangerous dog means that term as defined in RCW 16.08 070 and KCC
8 03.220 through 8.03 250.
Recognized program means:
1. A program responsible for training a service animal that follows written guidelines
for training,
2. The training methods have been reviewed and approved by an organization of
groups that perform such training, if such an organization exists,
3 Has been in existence and directly involved in the training of service animals for
at least three (3) years, and
4 Can show that the training of the service animal is performed or directly
supervised by a person who has a minimum of five (5) years' experience training
the type of animal sought to be used for service
Restraint means an animal is considered to be under restraint if it is maintained and
remains within the property limits of its owner or keeper
Running at large means to be off the premises of the owner or on the premises of
another without the written permission of the owner thereof and not on a leash and not
under the control of the owner or competent person authorized by the owner
Service animal means any guide dog, signal dog, or other animal individually trained
through a recognized program to do work or perform tasks for the benefit of an individual
with a disability, including, but not limited to, guiding individuals with impaired vision,
alerting individuals with impaired hearing to sounds, providing minimal protection or
rescue work, pulling a wheelchair, or fetching dropped items. h
Shelter means a facility which is used to house or contain stray, homeless, abandoned,
or unwanted animals and which is owned, operated, or maintained by a public body, an
established humane society, animal welfare society, society for the prevention of cruelty
to animals, or other nonprofit organization or person devoted to the welfare, protection,
and humane treatment of animals.
Small domesticated animal means any dog, cat, rabbit, or other animal of similar size
and character. Included within this definition is a type of swine commonly known as
http://www.codepublishing.com/wa/kent/html/Kent08/KentO8O3.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 6 of 30 j
Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus).
Under control means the animal is restrained by a leash, chain, or similar device from
approaching any bystander or other animal and from causing or being the cause of
physical property damage when off the premises of the owner.
Vicious means actions of animals, other than a dangerous dog or potentially dangerous
dog, with the propensity to do any act that might endanger the safety of any person,
animal, property of another, including, but not limited to, a disposition to mischief or
fierceness as might occasionally lead to attack on human beings without provocation,
whether in play or outbreak of untrained nature.
(Ord No 2316, § 2; Ord No 2787, § 2(9 16 08), 6-21-88, Ord No 3156, § 1, 2-15-94;
Ord No. 3218, § 1, 4-4-95, Ord No. 3429, § 1, 12-8-98; Ord. No. 3837, § 1, 4-17-07;
Ord No 3844, § 1, 6-19-07 Formerly Code 1986, § 9 16 08)
Cross reference(s)-Definitions and rules of construction generally, § 1 01 030
8.03.040 Animal license- Required.
A Requirements All dogs and cats harbored, kept, or maintained in the city over four (4)
weeks of age shall be licensed and registered annually, provided, that an altered two (2)
year license may be purchased, provided, further, that dogs kept in kennels need not be
licensed, except as provided in KCC 8.03 080 This section shall not apply to dogs used
by the police department for police work
B. Identification tags, tattoos. All license tags issued as provided in KCC 8 03 050 shall
be securely fixed to a substantial collar, harness, or other means which shall be worn by
the dog at all times As an alternative to a license tag, an animal may be identified as ,
licensed by being tattooed on its right ear or on its inside right thigh or groin with a
license number approved or issued by the animal control authority
(Ord No. 2787, § 2(9 16 12), 6-21-88; Ord. No 3156, § 1, 2-15-94; Ord. No 3218, §4,
4-4-95, Ord No. 3837, § 2, 4-17-07 Formerly Code 1986, § 9 16 12(A))
State law reference(s)- Dog licensing, RCW 16 10.010 et seq
8.03.045 Exotic animals - License.
A. License- Issuance generally, fees As provided for in KCC 8 03 240(C), the
possession and maintenance of exotic animals by private citizens as pets is prohibited
within the city of Kent. However, only in the event an owner possessed an exotic animal
and resided in Kent as his or her primary residence on or before May 4, 1995, then the
special exotic animal licensing provisions of this section shall apply In that event, the
animal control authority may cause to be issued an exotic animal owner's license that
shall authorize the licensee to possess or maintain all or some of such species of exotic
animals as specified in KCC 8 03 030; provided, the application is accompanied by
payment of the license fee, contains the information required by subsection (B) of this
section, and meets the cage or confinement rules and regu-
lations of the animal control authority The fee for such license shall be as provided for in
Section 11.04.035 of the King County Code. All licenses shall expire one (1) year from
http://www.codepublishing.com/wa/kent/htmi/KentO8/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 7 of 30
the date of the original application.
B. License application, content. A verified application for an exotic animal license made
in triplicate shall be filed by the applicant with the animal control authority and shall
contain the following.
1. A legal or otherwise adequately precise description of the premises which
applicant desires to use under the required license,
2 Whether the applicant owns or rents the premises to be used;
3. If the applicant rents the premises, a written acknowledgment by the property
' owner that the applicant has the owner's permission to carry on the activity as
described in the license application for the duration of the license,
4 The extent of improvement upon such premises,
5. A map or diagram of such premises showing where the improvements are
located thereon,
6 A statement indicating the species of exotic animal which the applicant desires to
possess or maintain,
7 A statement indicating how the animal will be caged or otherwise confined,
accompanied with a drawing detailing the dimensions of and the materials used for
the cage or similar confinement, and
8 Such further information as may be required by rules and regulations of the
animal control authority
C. License issuance;premises inspection If after investigation by the director of the
animal control authority, it appears that the applicant is the owner or tenant or has a
possessory interest in the property shown in the application, if applicable, has the written
permission of the property owner as specified in subsection (B) of this section, and that
the applicant intends in good faith to possess or maintain an exotic animal in accordance
with the law and the rules and regulations of the animal control authority, the animal
control authority shall issue a license to the applicant describing therein the premises to
be used by the licensee and certifying that the licensee is lawfully entitled to use the
same for the possession or maintenance of the exotic animal(s) specified in such license,
provided, that prior to issuing the license, the animal control authority shall inspect the
cage or other confinement as required by rule or regulation and specified in the
licensee's application in order to determine whether the cage or confinement meets the
standard specifications for the classification of the exotic animal If the cage or
confinement is deemed inadequate, the applicant shall make such changes as necessary
to meet the standard specifications before the license shall issue.
D. Periodic inspection of premises. The director of the animal control authority, or any
other officer authorized by him, may make routine periodic inspections of a licensee's
premises and records in order to determine the number, kind, weight, and condition of
exotic animals possessed by the licensee, and for purposes of enforcing the provisions of
http://www.codepublishing.com/wa/kent/html/Kent08/Kent0803.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 8 of 30
this chapter and the rules and regulations of the animal control authority
E. License revocation; notice; hearing The animal control authority may revoke,
suspend, or refuse to renew any exotic animal owner's license upon good cause for
failure to comply with any provision of this chapter or the rules and regulations of the
animal control authority authorized by this chapter, provided, that the violator shall be first
notified of the specified violation or violations, and if the violation can be remedied, the
violator shall have fifteen (15) days after receiving the notice of violation to correct the
violation, provided further, that enforcement of such revocation, suspension, or refusal
shall be stayed during the pendency of an appeal filed in the manner provided by KCC
8.03 370.
F. Violation, penalty Any person possessing or maintaining an exotic animal in the city '
without an exotic animal owner's license as provided herein, or transferring possession of
an exotic animal to a person not licensed as provided by this chapter, is guilty of a
misdemeanor and is subject to a fine not to exceed one thousand dollars ($1,000) andlor
by imprisonment not to exceed ninety (90) days
G Euthanasia in exigent circumstances. An exotic animal possessed or maintained in
violation of this chapter or the rules and regulations of the animal control authority may
be subject to euthanasia as defined in KCC 8 03,030 if any one (1) of the following
exigent circumstances is deemed to exist by the director of the animal control authority.
1 The exotic animal presents an imminent likelihood of serious physical harm to the
public and there is not other reasonably available means of abatement; or
2. There is no reasonable basis to believe that the violation can be or in good faith
will be corrected and after reasonable search or inquiry by the animal control
authority no facility as authorized by local, state, or federal law is available to house
the exotic animal; or
3. The exotic animal suffers from a communicable disease injurious to other animals
or human beings, provided, that this section shall not apply if the animal is under
treatment by a licensed veterinarian and may reasonably be expected to recover
without infecting other animals or human beings
H. Limitations
1. The primary purpose of this chapter is to prohibit the private ownership of exotic
animals as pets Therefore, this prohibition and the special licensing provisions
applicable to grandfathering cases of exotic animals contained within this chapter
shall not apply to:
a. Any facility possessing or maintaining exotic animals as defined in this
chapter which is owned, operated, or maintained by any city, county, state, or
the federal government, including but not limited to public zoos,
b. Any museum, laboratory, or research facility maintained by scientific or
educational institutions;
http://www.codepublishing.com/wa/kent/html/Kent08/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 9 of 30
c. Private or commercial activities such as circuses, fairs, or private zoological
parks which are otherwise regulated by law;
d. Any recognized program engaged in the training of exotic animals as defined
in this chapter for use as service animals by disabled citizens, or
e Any disabled person who may use an exotic animal that qualifies as a
service animal
2 Breeding, or allowing the reproduction of, exotic animals as defined in this
chapter is prohibited, provided, that this prohibition shall not apply to any
governmental facility possessing or maintaining exotic animals nor shall it apply to
private or commercial activities as set forth in subsection (H)(1) of this section.
(Ord. No. 2787, § 2(9 16.12), 6-21-88; Ord. No. 3156, § 1, 2-15-94; Ord. No 3218, §4,
4-4-95, Ord, No 3837, § 2, 4-17-07 Formerly Code 1986, § 9 16 12(A), KCC 8 03 040
(C)- W))
8.03.050 Animal license— Fees.
A Dog and cat licenses shall be issued by the animal control authority upon application
and payment of an annual license fee to the county treasurer Such license fees shall be
t as established by the animal control division, department of general services, King
County.
B Residents sixty-five (65) years of age or older shall be entitled to purchase a special
permanent license for the lifetime of cats or dogs which are neutered or spayed for which
they are the registered owners when the animals are maintained at their owner's
registered address Eligible residents may purchase the special permanent animal
licenses at a cost as established by the animal control division, department of general
services, King County, and they shall not be required to purchase a new license annually
for the lifetime of such licensed animals.
C. No person shall be granted more than three (3) special permanent animal licenses for
any combination of three (3) cats and dogs for which such person is the registered
owner
D. The animal control authority is authorized to enact the necessary rules and
procedures to efficiently implement the program Pet licenses for unaltered dogs and cats
will be valid for a term of one (1) year from the date of issuance, expiring on the last day
of the twelfth month Pet licenses for altered dogs and cats will be valid for two (2) years
Applications for dog or cat licenses shall be on forms provided by the animal control
authority. No proration of a license fee for a portion of the calendar year shall be made
Renewal licenses will retain the original expiration period whether renewed prior to, on,
or after their respective renewal month
E An annual fee shall be paid by owners of dangerous or potentially dangerous dogs as
provided in KCC 8 03 230.
F. All fees and fines collected under this chapter shall be deposited in the county current
expense fund.
http://www.codepublishing.com/wa/kent/htmI/Kent08/Kent0803.htm1 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 10 of 30
G Juvenile license must be obtained for pets from four(4) weeks to six (6) months of
age
H Owners of dogs and/or cats which hold valid licenses from other jurisdictions and who
move into King County may transfer the license by paying a transfer fee Such license
shall maintain the original expiration date
I It shall be a violation of this chapter for any person to sell or transfer ownership of any
pet without a pet license The King County animal control authority shall be notified of the
name, address, and telephone number of the new owner by the person who sold or
transferred the pet.
(Ord. No 2787, § 2(9 16 12), 6-21-88; Ord No 3156, § 1, 2-15-94 Formerly Code 1986,
§ 9 16.12(B))
8.03.060 Penalty.
In addition to paying the appropriate license fee, a late penalty as established by the
animal control division, department of general services, King County, shall be charged on
all applications received thirty (30) days after the date of renewal, provided, however,
that no late penalty shall be charged if:
1. The owner submits proof of purchase of the animal within the preceding thirty
(30) days;
2. The owner has moved into the city within the preceding thirty (30) days;
3 The animal had been under the age which requires a license (four(4) weeks);
4 The owner purchases the license voluntarily, prior to in-person or field contact by
animal control personnel; or
5 The owner submits other proof deemed acceptable in the department's rules and L
regulations.
(Ord. No 2787, § 2(9 16 12), 6-21-88, Ord No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9 16 12(C))
8.03.070 Nonapplicability.
The provisions of KCC 8 03 040 through 8.03 060 shall not apply to dogs or cats in the
custody of a veterinarian or animal shelter or whose
owners are nonresidents temporarily within the city for a period not exceeding thirty (30)
days
(Ord. No 2787, § 2(9 16 12), 6-21-88, Ord No. 3156, § 1, 2-15-94. Formerly Code 1986,
§ 9 16 12(E))
8.03.080 Animal shelter, kennel, grooming parlor, cattery, hobby kennel, and pet
shop license— Required.
http://www.codepublishing.com/wa/kent/htmi/KentO8/Kent0803.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 11 of 30
It is unlawful for any person to keep or maintain any animal shelter, kennel, grooming
parlor, cattery, hobby kennel, or pet shop within the city without first obtaining a license.
The fee for such license shall be as established by the animal control division,
department of general services, King County Each license and certificate of inspection
issued pursuant to this chapter shall be conspicuously displayed at the establishment to
which such license was issued The license shall be dated and numbered and shall bear
the name of King County, Washington, the name and address of the owner or keeper of
the establishment, and the expiration date of the license The license shall run for a
period of one (1) year from the date of purchase
(Ord No. 2316, § 4A, Ord No 3156, § 1, 2-15-94 Formerly Code 1986, § 9.16.16)
8.03.090 Compliance with local zone and health regulations.
A. Zoning compliance. The applicant for an original animal shelter, kennel, grooming
parlor, cattery, hobby kennel, or pet shop license shall, prior to issuance of such license,
present to the animal control authority any required zoning permit from the city planning
department
B Health inspection Before an animal shelter, kennel, grooming parlor, cattery, hobby
kennel, or pet shop license may be issued by the animal control authority, a certificate of
inspection from the Seattle-King County health department or King County animal control
division must be issued showing that the animal shelter, kennel, grooming parlor, cattery,
hobby kennel, or pet shop is in compliance with hygienic standards of this chapter or
other applicable ordinances or regulations
(Ord. No 2316, §4B; Ord No 3156, § 1, 2-15-94. Formerly Code 1986, § 9 16.20)
8.03.100 Reporting required.
Each animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop shall
provide a list to the animal control authority, quarterly, based upon the calendar year, of
all dogs and cats auctioned off, given away, sold or otherwise disposed of The list shall
include the origin, age and type of dog or cat, and the name and address of the person to
whom the dog or cat was given or purveyed.
(Ord. No 2316, §4D, Ord. No 3156, § 1, 2-15-94 Formerly Code 1986, § 9 16 28)
8.03.110 Inspection.
It shall be the duty of the director, or his designee, of the Seattle-King County department
of public health or the animal control authority to make or cause to be made such
inspections as may be necessary to insure compliance with other applicable sections of
this chapter The owner or keeper of an animal shelter, kennel, grooming parlor, cattery,
hobby kennel, or pet shop shall admit to the premises, for the purpose of making an
inspection, any officer, agent or employee of the Seattle-King County department of
public health or animal control authority at any reasonable time that admission is
requested
(Ord No 2316, § 4E, Ord. No 3156, § 1, 2-15-94 Formerly Code 1986, § 9 16.32(A))
8.03.120 Unsanitary conditions unlawful.
1 http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 12 of 30
It is unlawful to keep, use or maintain within the city any animal shelter, kennel, grooming
parlor, cattery, hobby kennel, or pet shop that is unsanitary, nauseous, foul or offensive,
or in any way detrimental to public health and/or safety and not in compliance herewith
Failure to comply with KCC 8 03 110 and this section may be cause for revocation or
denial of a license to use, keep or maintain such animal shelter, kennel, grooming parlor,
cattery, hobby kennel, or pet shop
(Ord. No. 2316, §4E; Ord No. 3156, § 1, 2-15-94 Formerly Code 1986, § 9 16 32(B))
8.03.130 Conditions.
Animal shelters, kennels, grooming parlor, cattery, hobby kennel, and pet shops shall
meet the following conditions
1. Housing facilities shall be provided for the animals and such shall be structurally
sound and shall
a Be maintained in good repair;
b. Be designed so as to protect the animals from injury,
c Contain the animals; and
d. Restrict the entrance of other animals.
2 Electric power shall be supplied in conformance with city, county, and state
electrical codes adequate to supply lighting and heating as may be required by this
chapter Water shall be supplied at sufficient pressure and quantity to clean indoor
housing facilities and primary enclosures of debris and excreta.
3 Suitable food and bedding shall be provided and stored in facilities adequate to
provide protection against infestation or contamination by insects or rodents
Refrigeration shall be provided for the protection of perishable foods
4. Provision shall be made for the removal and disposal of animal and food wastes,
bedding, dead animals, and debris Disposal facilities shall be maintained in a '
sanitary condition, free from the infestation or contamination of insects, rodents or
disease, and from obnoxious or foul odors.
5. Washroom facilities, including sinks and toilets, with hot and cold running water,
must be conveniently available for cleaning purposes, and a large sink or tub
provided for the purpose of washing utensils, equipment and facilities
6. Sick animals shall be separated from those appearing healthy and normal and, if
for sale, shall be removed from display and sale Sick animals shall be kept in
isolation quarters with adequate ventilation to prevent contaminating healthy
animals
7. There shall be an employee on duty at all times during hours any shelter, kennel,
grooming parlor, cattery, hobby kennel, or pet shop is open.
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.html 9/28/2010 '
Chapter 8.03 ANIMAL CONTROL* Page 13 of 30
8 An employee or owner shall come in to feed, water and do the necessary
cleaning of animals and birds on days the shelter, kennel, grooming parlor, cattery,
hobby kennel, or pet shop is closed.
9. No person shall knowingly sell a sick or injured animal or bird.
10 No person shall misrepresent an animal or bird to a consumer in any way.
(Ord. No 2316, § 4F, Ord No. 3156, § 1, 2-15-94 Formerly Code 1986, § 9 16 36)
8.03.140 Indoor facilities.
Animal shelters, kennels, grooming parlors, cattenes, hobby kennels, and pet shops
which have indoor housing facilities for animals and birds shall.
1. Be sufficiently heated or cooled to protect such animals from temperatures to
which they are not normally acclimatized.
2. Be adequately ventilated to provide for the health of animals contained therein
and to assist in the removal of foul and obnoxious odors Provision shall be made
so that the volume of air within any enclosed indoor facility shall be changed three
(3) times or more each hour This may be accomplished through the location and
periodic opening of doors and windows If fans or ventilating equipment are used,
they shall be constructed in conformance with current standards of good
engineering practice with respect to noise and minimization of drafts.
3 Have sufficient natural or artificial lighting to permit routine inspection and
cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be
supplied in the area of sinks and toilets to provide for the hygiene of animal
caretakers
4. Have interior wall and ceding surfaces constructed of materials which are
resistant to the absorption of moisture and odors, or such surfaces shall be treated
with a sealant or with paint when such materials are not originally resistant to
moisture or odors Floor surfaces shall not be made of unsealed wood. In addition,
interior walls shall be constructed so that the interface with floor surfaces is sealed
from the flow or accumulation of moisture or debris
' 5 Contain a drainage system which shall be connected to a sanitary sewer or septic
tank system which conforms to the standards of budding codes in force within the
city and shall be designed to rapidly remove water and excreta in the cleaning of
such indoor housing facility under any condition of weather or temperature This
requirement shall not apply to hobby kennels and pet shops All indoor housing
facilities for animals, fish, or birds shall be maintained in a clean and sanitary
condition and a safe and effective disinfectant shall be used in the cleaning of such
facilities
6 Conform with all applicable development standards of KCC Title 15, Zoning.
(Ord No. 2316, §4G, Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.40)
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 14 of 30
8.03.150 Outdoor facilities. l
Animal shelters, kennels, grooming parlors, catteries, hobby kennels, and pet shops
which have outdoor facilities for animals and birds shall
1 Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or
other elements. In addition, such facilities shall be constructed to provide sufficient
space for the proper exercise and movement of each animal contained therein
2. Be constructed to provide drainage and to prevent the accumulation of water,
mud, debris, excreta, or other materials and shall be designed to facilitate the
removal of animal and food wastes
3. Be constructed with adequate walls or fences to contain the animals kept therein
and to prevent the entrance of other animals.
4. Shall conform with all applicable development standards of KCC Title 15, Zoning i
(Ord No 2316, § 4H; Ord. No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9 16.44)
8.03.160 Hobby kennel license— Required.
A. License required It is unlawful for any person to keep and maintain any dog or cat
within the city for the purposes of a hobby kennel without obtaining a valid and subsisting
license therefor The fee for such license shall be established by the animal control
division, department of general services, King County
B. Limitation of number of dogs and cats allowed. The total number of dogs and cats
over four (4) months of age kept by a hobby kennel shall not exceed the total number
authorized by the King County animal control division based on the following guidelines
1 The number of animals permitted shall be established by the King County animal
control division based on such factors as animal size, type, and characteristics of
the breed and whether the amount of lot area contains five (5) acres or more, the
maximum number of animals shall not exceed ten (10) where the lot area contains
thirty-five thousand (35,000) square feet but less than five (5) acres and the
maximum number shall not exceed five (5) where the lot area is less than thirty-five
thousand (35,000) square feet
2. All open run areas shall be completely surrounded by a six (6) foot fence set back
at least twenty (20) feet from all property lines
3. No commercial signs or other appurtenances advertising the kennel are permitted
on the property
4 The director may require additional setback, fencing, screening, or soundproofing
requirements as deemed necessary to ensure the compatibility of the hobby kennel
with surrounding development.
5 The hobby kennel shall limit dog and cat reproduction to no more than twelve
(12) offspring per license year
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 15 of 30
.6. Each animal in the hobby kennel shall have current and proper immunization
from disease according to the animal's species and age. For dogs, such shall
consist, as a minimum, of DHL inoculation for dogs over three (3) months of age
and rabies inoculations for those over six (6) months of age.
(Ord No. 2316, § 4C, Ord. No 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16.24)
8.03.170 Grooming parlors — License required.
It is unlawful for any person to keep or maintain any grooming parlor without first
obtaining a valid and subsisting license therefor The fee for such license shall be as
established by the animal control division, department of general services, King County.
However, if the grooming parlor is operated as a part of the business of a kennel, or a pet
shop, the fee shall be as established by the animal control division, department of
general services, King County. Such fee shall be in addition to the fee established for a
kennel or pet shop license
(Ord No 2316, § 4H; Ord No. 3156, § 1, 2-15-94 Formerly Code 1986, § 9 16 48)
i
8.03.180 Same— Conditions.
Grooming parlors shall-
1. Not board animals but keep only dogs and cats for a reasonable time in order to
perform the business of grooming
2. Provide such restraining straps for the dog or cat while it is being groomed so
that such animal shall neither fall nor be hanged
3. Sterilize all equipment after each dog or cat has been groomed.
4 Not leave animals unattended before a dryer.
5. Neither prescribe nor administer treatment or medicine that is the province of a
licensed veterinarian as provided in RCW 18 92 010
6 Not put more than one (1) animal in each cage.
7. Have floors and walls in rooms, pens, and cages used to retain animals, or in
areas where animals are clipped, groomed, or treated, constructed of water-
impervious material that can readily be cleaned, and which must be maintained in
good repair.
8 Have hot and cold water conveniently available and a large sink or tub provided
(minimum size twenty-four (24) inches by eighteen (18) inches by twelve (12)
inches)
9. Have toilet and handwashmg facilities with hot and cold running water
conveniently available for personnel employed.
10. Have only equipment necessary to the operation of the licensed establishment
kept or stored on the premises which shall only be stored in a sanitary or orderly
http://www.codepublishing.com/wa/kent/htmi/Kent08/Kent0803.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 16 of 30
manner.
11. Have all cages, pens, or kennels used for holding animals kept in a clean and
sanitary condition and disinfected on a routine basis.
12. Comply with all applicable development standards of KCC Title 15, Zoning
(Ord No. 2316, §41; Ord No 3156, § 1, 2-15-94. Formerly Code 1986, § 9.16 52)
8.03.190 Animal shelters, catteries, hobby kennels, kennels, pet shops, grooming
parlors, guard dog purveyors, guard dog trainers, and guard dog owners —
Additional conditions.
A. The director is authorized to promulgate rules and regulations not in conflict with this
chapter as they pertain to the conditions and operations of animal shelters, catteries,
hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog
trainers, and guard dog owners Such rules and regulations shall be enacted in
accordance with county procedures for adopting such rules and regulations.
B. The animal control authority may, in addition to other penalties provided in this ,
chapter, revoke, suspend, or refuse to renew any animal shelter, cattery, hobby kennel,
kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license, or
guard dog registration upon good cause or for failure to comply with any provision of this
chapter, provided, however, enforcement of such revocation, suspension, or refusal shall
be stayed during the pendency of an appeal filed pursuant to KCC 8 03 370
(Ord No. 2316, §4J, Ord. No. 3156, § 1, 2-15-94 Formerly Code 1986, § 9 16 56)
8.03.200 Licenses, registration —Revocation, suspension, refusal to renew.
A The animal control authority may, in addition to other penalties provided in this title,
revoke, suspend, or refuse to renew any animal shelter, cattery, hobby kennel, kennel,
grooming parlor, pet shop, guard dog purveyor, guard dog trainer license, or guard dog
registration upon good cause or for failure to comply with any provision of this title
B No applicant shall be issued an animal shelter, cattery, hobby kennel, kennel,
grooming parlor, pet shop, guard dog purveyor, guard dog trainer license, or guard dog
registration who has previously had such license or registration revoked or a renewal
refused, for a period of one (1) year after the date of revocation or refusal and until such
applicant meets the requirements contained in this chapter to the satisfaction of the
animal control authority
(Ord No. 2316, §4K; Ord No. 3156, § 1, 2-15-94. Formerly Code 1986, § 9 16 60)
8.03.206 Animals in parks.
A. Any person with a dog or other animal in his or her possession in any park shall be
responsible for the conduct of the animal by keeping the animal under control as that
term is defined in this chapter and for removing from the park any animal feces deposited
by such animal
B It is unlawful for such person to fail to have in his or her possession the equipment
necessary to remove his or her animal's fecal matter when accompanied by said animal
http://www.codepublishing.com/wa/kent/html/Kent08/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 17 of 30
in any park.
C. The provisions of this section shall not apply to a "guide" or "service" animal as now or
hereafter defined in Chapter 70.84 RCW.
D Violation of or failure to comply with the provisions of this section shall subject the
I offender to prosecution pursuant to KCC 8 03.300(C) or prosecution for a public
nuisance
(Ord No 3429, §2, 12-8-98, Ord No 3837, § 3, 4-17-07)
8.03.210 Animal nuisances defined.
For purposes of this section, violations of this section are nuisances and shall include but
not be limited to the following-
1 Any public nuisance relating to animal control known at common law or in equity
jurisprudence.
2 Maintaining large domesticated animals on lots of less than twenty thousand
(20,000) square feet or in violation of KCC 15 08 070.
3. Maintaining more than three (3) small domesticated animals per business
establishment or dwelling unit on lots of less than twenty thousand (20,000) square
feet, or maintaining any small domesticated animal in violation of KCC 15 08 070;
provided, this section shall not apply to a properly licensed business operating as a
pet shop, veterinary clinic, or animal shelter to the extent that the animals
maintained at the business are maintained for the purposes of conducting the
business and not for the personal benefit of the owner, operator, or any employee
or volunteer of such business.
4. Maintaining more than three (3) domesticated fowl on lots of less than five
thousand (5,000) square feet, or maintaining any domesticated fowl in violation of
KCC 15 08 070, provided, this section shall not apply to a properly licensed
veterinary clinic to the extent that maintaining the domesticated fowl is necessary
for the veterinary treatment of the domesticated fowl
5 A dog, whether or not dangerous or potentially dangerous as defined by RCW
16 08 070, running at large within the city.
6 Any domesticated animal, whether licensed or not, which runs at large in any
rpark or enters any public beach, pond, fountain, or stream therein or upon any
public playground or school ground, provided, however, that this section shall not 3
3
prohibit a person from walking or exercising an animal in a public park or on any
public beach when such animal is on a leash, tether, or chain not to exceed eight #
(8) feet in length. This section shall not apply to any blind person using a trained
Seeing Eye dog; to animal shows, exhibitions, or organized dog training classes
where at least twenty-four (24) hours' advance notice has been given to the animal
control authority, by such persons requesting to hold such animal shows,
exhibitions, or dog training classes. In the case of potentially dangerous dogs as
defined and regulated in KCC 8 03,030 and 8 03 220 through 8.03 250, the
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 18 of 30
provisions of KCC 8.03.220 through 8 03 250 shall apply to the leashing, muzzling,
and restraint of such animals in public
7. Any animal which enters any place where food is stored, prepared, served, or
sold to the public or any other public building or hall However, this section shall not
apply to any disabled person using a service animal, to veterinary offices or
hospitals; or to animal shows, exhibitions, or organized dog training classes where
at least twenty-four (24) hours' advance notice has been given to the animal control
authority, by such persons requesting to hold such animal shows, exhibitions, or
dog training classes
8 A female domesticated animal whether licensed or not, while in heat, accessible
to other animals for purposes other than controlled and planned breeding
9 Any domesticated animal which chases, runs after, or jumps at vehicles using the
public streets and alleys
10 Any domesticated animal which habitually snaps, growls, snarls,jumps upon, or
otherwise threatens persons lawfully using the public sidewalks, streets, alleys, or
other public ways
11 Any animal, other than a dangerous dog or potentially dangerous dog as
defined by RCW 16 08 070, which has exhibited vicious propensities and which
constitutes a danger to the safety of persons or property off his premises or lawfully 4
on his premises. 1�
12. A vicious animal or animal with vicious propensities, other than a dangerous dog
or potentially dangerous dog as defined by RCW 16 08 070, which runs at large at
any time, or which is off the owner's premises not securely leashed and in the
control of a person of suitable age and discretion to control or restrain such animal
13. Any domesticated animal which howls, yelps, whines, barks, or makes other
oral noises, in such a manner as to disturb any person or neighborhood to an
unreasonable degree
14 Any domesticated animal which enters upon another person's property without
the permission of that person
15 Animals staked, tethered, or kept on public property without prior written
consent of the county animal control authority.
16 Animals on any public property not under control by the owner or other
competent person.
17 Animals kept, harbored, or maintained and known to have a contagious disease
unless under the treatment of a licensed veterinarian.
18. Animals running in packs
(Ord No 2316, § 6, Ord No 2787, § 2(9.16 64), 6-21-88; Ord. No 3156, § 1, 2-15-94;
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 19 of 30
Ord No 3837, § 4, 4-17-07; Ord. No. 3844, § 2, 6-19-07. Formerly Code 1986,
§ 9.16 64)
State law reference(s)—Dangerous dogs, RCW 16 08.070 et seq.
8.03.220 Dangerous and potentially dangerous dogs — Defined —Ownership
requirements.
A. Definitions The following words, terms, and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning
Dangerous dog means any dog that according to the records of the appropriate authority-
1 Has inflicted severe injury on a human being without provocation on public or
private property,
2. Has killed a domestic animal without provocation while off the owner's property;
or
3. Has been previously found to be potentially dangerous, the owner having
received notice of such, and the dog again aggressively bites, attacks, or endangers
the safety of humans or domestic animals
Owner means any person, firm, corporation, organization, or department possessing,
harboring, keeping, having an interest in, or having control or custody of an animal
Potentially dangerous dog means any dog that when unprovoked:
1. Inflicts bites on a human or a domestic animal either on public or private property;
or
2. Chases or approaches a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack, or any dog with a
known propensity, tendency, or disposition to attack unprovoked, or to cause injury
or otherwise to threaten the safety of humans or domestic animals
■ Proper enclosure of a dangerous dog means, while on the owner's property, a dangerous
dog shall be securely confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children and designed to prevent the
animal from escaping. Such pen or structure shall have secure sides and a secure top,
Iand shall also provide protection from the elements for the dog
Severe injury means any physical injury that results in broken bones or disfiguring I
lacerations requiring multiple sutures or cosmetic surgery. N
B Ownership requirements.
1 It is unlawful for an owner to have a dangerous dog in the city without a certificate
of registration issued under this section KCC 8.03 220 through 8.03 250 shall not
apply to dogs used by law enforcement officials for police work.
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 20 of 30
2. The animal control authority of the city shall issue a certificate of registration to
the owner of a dangerous dog if the owner presents to the animal control unit
sufficient evidence of
a. A proper enclosure to confine a dangerous dog and the posting of the
premises with a clearly visible warning sign that there is a dangerous dog on
the property. In addition, the owner shall conspicuously display a sign with a
warning symbol that informs children of the presence of a dangerous dog,
b. A surety bond issued by a surety insurer qualified under Chapter 48 28 RCW
in a form acceptable to the animal control authority in the sum of at least fifty
thousand dollars ($50,000), payable to any person injured by the vicious dog;
or
c A policy of liability insurance, such as homeowner's insurance, issued by an
insurer qualified under RCW Title 48 in the amount of at least fifty thousand
dollars ($50,000), insuring the owner for any personal injuries inflicted by the
dangerous dog
(Ord. No. 2787, § 2(9.16 66 (A), (B)), 6-21-88, Ord No 3156, § 1, 2-15-94, Ord No.
3218, § 2, 4-4-95)
State law reference(s)—Similar provisions, RCW 16.08 070, 16 08 080(1), (2)
8.03.230 Registration, fee.
A The owner of a dangerous dog or potentially dangerous dog shall obtain a certificate
of registration from the city's animal control authority
B. An annual fee in the amount of one hundred dollars ($100) shall be paid by an owner
of a dangerous or potentially dangerous dog to the animal control authority upon
application to register dan-
gerous dogs. The payment of this annual license fee to the county treasurer is in addition
to regular dog licensing fees.
(Ord No 2787, § 2(9 16 66(B)(3)), 6-21-88; Ord. No. 3156, § 1, 2-15-94)
State law reference(s)—Registration fee, RCW 16.08 080(3).
8.03.240 Unlawful activities.
A It is unlawful for an owner of a dangerous or potentially dangerous dog to permit the
dog to be outside the proper enclosure unless the dog is muzzled and restrained by a
substantial chain or leash and under the physical restraint of a responsible person The
muzzle shall be made in a manner that will not cause injury to the dog or interfere with its
vision or respiration but shall prevent it from biting any person or animal
B. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained
by a person who, at the time, was committing a wilful trespass or other tort upon the
premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting
the dog or has, in the past, been observed or reported to have tormented, abused, or
http://www.codepubiishing.com/wa/kent/htmI/Kent08/Kent0803.htm1 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 21 of 30
assaulted the dog or was committing or attempting to commit a crime.
C The possession and maintenance of an exotic animal by private citizens as pets is
prohibited unless the owner possessed the animal on or before May 4, 1995 (the original
effective date of this code section), and the owner has satisfied the licensing
requirements contained in KCC 8 03 045(A)through (G) and such rules and regulations
as the animal control authority may adopt regarding the maintenance of such animals
This exotic animal prohibition shall not apply to a qualifying service animal.
(Ord No. 2787, § 2(9 16 66(C)), 6-21-88, Ord No 3156, § 1, 2-15-94, Ord No 3218,
§ 3, 4-4-95, Ord No. 3837, § 5, 4-17-07)
State law reference(s)— Similar provisions, RCW 16 08 090
8.03.250 Confiscation and penalties.
A. Any dangerous dog shall be immediately confiscated by the animal control authority if:
1. The dog is not validly registered under KCC 8.03 220.
2. The owner does not secure the liability insurance coverage required under KCC
8.03220
3. The dog is not maintained in the proper enclosure.
4 The dog is outside of the dwelling of the owner, or outside of the proper
enclosure and not under physical restraint of the responsible person
B. In addition to the above, the owner shall be guilty of a gross misdemeanor punishable
in accordance with RCW 9A 20 021.
C If a dangerous dog of an owner with a prior conviction under this chapter attacks or
bites a person or another domestic animal, the dangerous dog shall be immediately
confiscated by the animal control authority, placed in quarantine for the proper length of
time, and thereafter destroyed in an expeditious and humane manner.
(Ord. No. 2787, § 2(9.16 66(Q)), 6-21-88; Ord No 3156, § 1, 2-15-94)
State law reference(s)— Similar provisions, RCW 16 08.100.
8.03.260 Reserved.
Editor's note—Ordinance No 3350, § 2, adopted May 21, 1997, repealed § 8 03 260
in its entirety Formerly, such section pertained to unlawful acts against police
department dogs— Penalty for violation and derived from § 9.16.68 of the 1986 Code,
Ord No. 3156, § 1, 2-15-94.
8.03.270 Reserved.
Editor's note— Ordinance No 3350, § 3, adopted May 21, 1997, repealed § 8.03 270 in
its entirety Formerly, such section pertained to cruelty to animals— Unlawful acts
designated and derived from § 9 16 72 of the 1986 Code; Ord. No 3156, § 1, 2-15-94.
http://www.codepublishing.com/wa/kent/htmi/KentO8/KentO8O3.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 22 of 30
8.03.280 Poisonous reptiles, poisonous snakes, and constrictor snakes.
A It shall be unlawful to keep or harbor any poisonous reptile, poisonous snake, or
constrictor snake, other than constrictor snakes under ten (10) feet in length, within the
city.
B All constrictor snakes legally allowed within the city must be kept or harbored in a
secure, locked cage when left unattended
C. This section shall not apply to zoological parks, performing animal exhibitions, service
animals, circuses, or pet shops licensed by the city Pet shops within the city choosing to
sell constrictor snakes allowed under this section must plainly post in a conspicuous
place the following notice-
It is illegal to keep or harbor constrictor snakes over ten (10) feet in length
within the City of Kent Any person who legally keeps or harbors constrictor
snakes within the City of Kent MUST keep the snake(s) in a secure, locked
cage when left unattended
D. In addition to or as an alternate to any other penalty provided in this chapter or by law,
any person violating this section shall incur a civil penalty The penalty for the first notice
of violation shall be one hundred dollars ($100) The penalty for the second notice of
violation in any one (1) year period is three hundred dollars ($300). The penalty for each
successive violation in any one (1) year period is five hundred dollars ($500)
(Ord No 2316, § 11; Ord. No. 3057, § 1, 7-21-92, Ord No 3156, § 1, 2-15-94, Ord No
3837, § 6, 4-17-07 Formerly Code 1986, § 9 16 76)
8.03.290 Enforcement power.
A The animal control authority is authorized to take such lawful action as may be
required to enforce the provisions of this chapter and the laws of the state as they pertain
to animal cruelty, shelter, welfare, and enforcement of control, including regulation of
dangerous and potentially dangerous dogs
B The animal control authority shall not enter property or a building or residence
designated for and used for private purposes, unless a proper warrant has first been
issued upon a showing that the officer has reasonable cause to believe an animal is
being maintained in the building in violation of this chapter, provided, however, that the
animal control authority, while pursuing or observing any animal in violation of this
chapter, may enter upon any public or private property, except any budding designated
for and used for private purposes, for the purpose of abating the animal violation being
pursued or observed
C No person shall deny, prevent, obstruct, or attempt to deny, prevent, or obstruct, an
officer from pursuing any animal observed to be in violation of this chapter Further, no
person shall fail or neglect, after a proper warrant has been presented, to promptly permit
the animal control authority to enter private property to perform any duty imposed by this
chapter. Any person violating this subsection is guilty of a misdemeanor.
D The foregoing provisions of this section are in addition to authorities and penalties
http://www.codepublishing.com/wa/kent/html/Kent08/KentO8O3.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 23 of 30
relating to dangerous or potentially dangerous dogs as provided in KCC 8.03 220
through 8 03 250
(Ord No 2316, § 5A; Ord No 2787, § 2(9 16.80), 6-21-88; Ord No 3156, § 1, 2-15-94.
Formerly Code 1986, § 9 16 80)
8.03.300 Violations.
A. Violations deemed nuisance, abatement All violations of this chapter are detrimental
to the public health, safety, and welfare and are public nuisances All conditions which
are determined after review by the director to be in violation of this chapter shall be
abated.
B. Violations, misdemeanor, penalty. Except as to the regulation of dangerous and
potentially dangerous dogs under KCC 8.03 220 through 8 03.250, any person who
allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor
punishable by fine of not more than two hundred fifty dollars ($250) and/or imprisonment
for a term not to exceed ninety (90) days
C. Violations, civil penalty Except as to the regulation of dangerous and potentially
dangerous dogs under KCC 8.03.220 through 8,03.250, any person whose animal is
maintained in violation of this chapter shall incur a civil penalty plus costs of the animal
control authority. The penalty for the first notice of violation shall be twenty-five dollars
($25), fifty dollars ($50) for the second notice of violation in any one (1) year period, and
one hundred dollars ($100) for each successive violation in any one (1) year period
(Ord. No. 2316, § 513; Ord. No 2787, § 2(9.16 84), 6-21-88; Ord. No 3156, § 1, 2-15-94,
Formerly Code 1986, § 9 16 84)
8.03.310 Impounding.
A. Authorization In addition to authorized actions under KCC 8.03 220 through 8 03.250
relating to dangerous and potentially dangerous dogs, the director and his authorized
representative may apprehend any animals found doing any of the acts defined as a
public nuisance and/or being subjected to cruel treatment as defined by law.
B Notification of owners. Except as to dangerous or potentially dangerous dogs as
provided in KCC 8 03 220 through 8 03 250, after any animals are apprehended, the
animal control authority shall ascertain whether they are licensed or otherwise identifiable
and, if reasonably possible, return the animal to the owner together with a notice of
violations of this chapter. If it is not reasonably possible to immediately return the animals
to their owners, the animal control authority shall notify the owners within a reasonable
time by regular mail or telephone that the animal has been
impounded and may be redeemed Except as to dangerous or potentially dangerous
dogs as provided in KCC 8 03 220 through 8.03 250, any currently licensed animal
impounded pursuant to this chapter shall be held for the owner at least one hundred
twenty (120) hours, after telephone contact by the impounding agency or for at least two
(2)weeks after posting of the notification of impoundment by regular mail; any other
http://www.codepublishing.com/wa/kent/html/KentOS/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 24 of 30
animal impounded pursuant to this chapter shall be held for the owner at least seventy-
two (72) hours from the time of impoundment The animal control authority shall not sell
any animals to research institutes or licensed dealers for research purposes.
C. Injured or diseased animals. Except as to dangerous or potentially dangerous dogs as
provided in KCC 8.03 220 through 8 03.250, any animal suffering from serious injury or
disease may be humanely destroyed, or, in the discretion of the impounding authority,
may be held for a longer period and redeemed by any person on payment of charges not
exceeding those prescribed herein
(Ord No 2316, § 5C, Ord. No 2787, § 2(9 16 88 (A)), 6-21-88; Ord. No 3156, § 1, 2-15-
i
94 Formerly Code 1986, § 9.16 88(A))
State law reference(s)— Impoundment of livestock, RCW 16 24 110 et seq.
8.03.320 Euthanasia, sale, or adoption of animals not redeemed— Prohibitions.
A. Except as to dangerous or potentially dangerous dogs as provided in KCC 8 03 220
through 8 03 250, any animal not redeemed shall be treated in one (1) of the following
ways
1 Humanely destroyed by euthanasia.
2. Made available for adoption Except as to dangerous or potentially dangerous
dogs as provided in KCC 8 03 220 through 8 03 250, the owner of any animal
impounded pursuant to the provisions contained in this chapter may recover such
animal or animals when all billable costs, redemption fees, penalties, and boarding
costs incurred in such impoundment have been paid to the county comptroller,
which payment may be accepted by the animal control authority acting as agent for
the county.
a. All dogs and cats over the age of six (6) months adopted from the King
County animal shelter shall be spayed and neutered prior to adoption A
spay/neuter deposit shall be charged for dogs and cats under the age of six (6)
months which are too young to be spayed/neutered prior to adoption Failure to
spay/neuter such dog or cat is a violation of this chapter and a breach of the
adoption contract and will result in the forfeiture of the adoption and return of
the dog or cat to King County animal control for the required spay/neutering.
B No licensed animal shall be made available for research unless written permission is
received from the animal's owners Further, no animal conveyed to the division by its
owner shall be made available for research without written permission unless and until all
reasonable efforts to locate the owner have failed.
(Ord. No 2316, § 5C; Ord. No 2787, § 2(9 16 88 (B)), 6-21-88, Ord No 3156, § 1, 2-15-
94 Formerly Code 1986, § 9.16 88(B))
8.03.330 Reserved.
Editor's note— Ord. No 3156, § 1, adopted Feb. 15, 1994, repealed former§ 8.03 330,
which pertained to dealers and research facilities, inspection authorized
http://www.codepubiis in .coin/ / / /wa kent html KentO8/KentO8O3.html 9/28/2010
h g
Chapter 8.03 ANIMAL CONTROL* Page 25 of 30
8.03.340 Dealers and research facilities— Reports and records available for public
inspection.
All records required to be filed pursuant to this chapter shall also be public and shall be
available for inspection by any interested person at any reasonable time during normal
county working hours
j (Ord. No. 2316, § 5C, Ord. No. 2787, §2(9.16.88 (D)), 6-21-88; Ord No 3156, § 1, 2-15-
94. Formerly Code 1986, § 9 16 88(D))
8.03.350 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the director may seek legal or
equitable relief to enjoin acts or practices and abate any conditions which constitute a
violation of this chapter or other regulations herein adopted
(Ord No. 2316, § 5D; Ord No 2787, § 2(9 16 92), 6-21-88, Ord. No 3156, § 1, 2-15-94
Formerly Code 1986, § 9 16 92)
8.03.360 Violations— Notice and order.
Subject to the provisions of KCC 8 03 220 through 8 03 250 relating to dangerous or
potentially dangerous dogs:
1 Whenever the director or authorized animal control officer has found an animal
maintained in violation of this chapter, the director of the animal control authority
shall commence proceedings to cause the abatement of each violation.
2 The director or authorized animal control officer shall issue a notice and order
directed to the owner or the person presumed to be the owner of the animal
maintained in violation of this chapter The notice and order shall contain
a. The name and address, if known, of the owner or person presumed to be the
owner of the animal in violation of this chapter
b. The license number, if available, and description of the animal in violation
sufficient for identification
c A statement that the director or authorized animal control officer has found
the animal maintained illegally together with a brief and concise description of
the conditions found to render the animal in violation of this chapter
d. A statement of the action required to be taken if the director of the animal
control authority has determined the following
(1) If abatement is necessary, an order shall require the abatement and
such abatement shall be completed within a certain time from the date of
the order, as determined by the director to be reasonable.
(2) That a civil penalty should be assessed, the order shall require that the
penalty shall be paid within fourteen (14) days from the date of the order.
i
http://www.codepublishing.com/wa/kent/html/Kent08/KentO8O3.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 26 of 30
e. Statements advising that if any required abatement is not commenced within
the time specified, the director of the animal control authority will proceed to
cause abatement and charge the costs thereof against the owner
f. Statements advising.
(1) That a person having a legal interest in the animal may appeal from the
notice and order or any action of the director of the animal control authority
to the board of appeals, provided the appeal is made in writing as provided
by this chapter, and filed with the director of the animal control authority
within fourteen (14) days from the date of service of such notice and order;
and
(2) That failure to appeal will constitute a waiver of all rights to an
administrative hearing and determination of the matter
3 The notice and order shall be served on the owner or presumed owner of the
animal in violation.
4. Service of the notice and order shall be made upon all persons entitled thereto
either personally or by mailing a copy of such notice and order by certified mad,
postage prepaid, return receipt requested, to the person at his address as it
appears on the last equalized assessment roll of the county.
5 Proof of personal service of the notice and order shall be made at the time of
service by a written declaration under penalty of perjury executed by the person
effecting service, declaring the time, date and manner in which service was made.
6 The standards of this chapter shall be followed by the director of the animal
control authority in determining the existence of an animal control violation and in
determining the abatement action required The provisions of this section, do not
apply to actions by the authority or proceedings before the director relating to
dangerous dogs or potentially dangerous dogs KCC 8 03 220 through 8.03 250
shall apply to all actions and procedures for dealing with dangerous dogs or
potentially dangerous dogs, including regulations promulgated thereunder by the
director.
(Ord No 2316, § 9, Ord No 2787, § 2(9 16 96), 6-21-88; Ord No 3156, § 1, 2-15-94
Formerly Code 1986, § 9.16 96)
8.03.370 Appeals.
Subject to the procedures and requirements of KCC 8.03 220 through 8 03 250 relating
to dangerous or potentially dangerous dogs.
1. Appeals The King County board of appeals, as established by Article 7 of the
King County Code, is designated to hear appeals by parties aggrieved by actions of
the director of the animal control authority pursuant to this chapter The board may
adopt reasonable rules or regulations for conducting its business. Copies of all rules
and regulations adopted by the board shall be delivered to the director of the animal
control authority who shall make them freely accessible to the public All decisions
http://www-codepublishing.com/wa/kent/htmI/KentO8/KentO8O3.htm1 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 27 of 30
and findings of the board shall be rendered to the applicant in writing with a copy to
the director of the animal control authority
2. Form of appeal. Any person entitled to service under KCC 8 03 360 may appeal
from any notice and order or any action of the director of the animal control authority
under this chapter by filing at the office of the director of the animal control authority
within fourteen (14) days from the date of the service of such order, a written appeal
containing
a A heading containing the words "Before the board of appeals of the County
of King "
b. A caption reading- "Appeal of " giving the names of all appellants
participating in the appeal.
c. A brief statement setting forth the legal interest of each of the appellants of
the animal involved in the notice and order.
d A brief statement in concise language of the specific order or action
protested, together with any material facts claimed to support the contentions of
the appellant
je A brief statement in concise language of the relief sought, and the reasons
why it is claimed the protested order or action should be reversed, modified, or
otherwise set aside
f The signatures of all parties named as appellants, and their official mailing
addresses
g The verification (by declaration under penalty of perjury) of at least one (1)
appellant as to the truth of the matters stated in the appeal.
3 Scheduling and nonce of appeal The board of appeals shall set a time and place,
not more than thirty (30) days from such notice of appeal for hearing thereon.
Written notice of the time and place of hearing shall be given at least ten (10) days
prior to the date of the hearing to each appellant by the manager-clerk of the board
4. Procedures of appeal hearing. At the hearing, the appellant shall be entitled to
appear in person and be represented by counsel and offer such evidence pertinent
and material to the action of the director Only those matters or issues specifically
raised by the appellant in the written notice of appeal shall be considered
r 5 Failure to appear. Failure of any person to file an appeal in accordance with this
{I section shall constitute a waiver of his rights to an administrative hearing
6 Stay of enforcement dung appeal Enforcement of any notice and order of the
director of the animal control authority issued under this chapter shall be stayed
during the pending of an appeal, except impoundment of an animal which is vicious
or dangerous or cruelly treated.
http://www.codepublishing.com/wa/kent/html/KentO8/KentO8O3.htmi 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 28 of 30
7. Conflicting, differing provisions In the event that procedures for appeals adopted
by the board of appeals are different than those set forth in this section, the
procedures of the board of appeals shall control If in the further event any
procedures for appeals adopted by the board of appeals conflict with the provisions
in this section relating to dangerous or potentially dangerous dogs, the procedures
of KCC 8 03 220 through 8.03.250 and the implementing regulations of the board of
appeals shall control
(Ord. No. 2316, § 10, Ord. No. 2787, § 2(9.16,100 A—G), 6-21-88, Ord. No 3156, § 1, 2-
15-94 Formerly Code 1986, § 9 16.100 (A—G))
8.03.380 Redemption procedures.
A. Any animal impounded pursuant to the provisions of KCC 8 03 310 may be redeemed
upon payment of the redemption fee as provided in this section The redemption fee for
dogs and cats shall be payable to the county comptroller and shall be an amount as
established by the animal control section, licensing and regulatory division, King County,
for each such dog or cat, plus an additional fee of an amount as established by the
animal control section, licensing and regulatory division, King County, for each twenty-
four (24) hour period or portion thereof, during which such dog or cat is retained by the
impounding agency
B The redemption fee for livestock shall be an amount as established by the animal
control section, licensing and regulatory services division, King County, per animal.
Livestock not redeemed may be sold at public auction by the impounding agency. The
boarding cost for livestock impounded shall be in accordance with the rate established by
contract between the county and the given stockyard used for holding such animal.
C The provisions relating to redemption do not apply to dangerous or potentially
dangerous dogs as provided in KCC 8 03 220 through 8 03.250
(Ord No. 2316, § 10; Ord. No. 2787, § 2(9.16 100(H)), 6-21-88, Ord. No. 3156, § 1, 2-15-
94, Ord No 3218, § 5, 4-4-95. Formerly Code 1986, § 9 16.100(H))
8.03.390 Nuisances, removal.
A Any animal constituting a public nuisance as provided in this chapter shall be abated
and removed from the city by the owner or by the director of the animal control authority,
upon receipt of three (3) notices and orders of violation by the owner in any one (1) year
period Where it is established by record pursuant to this chapter and no finding was
entered showing that the owner will be able to provide reasonable restraints to protect
the public from repetitions of violations, the director of the animal control authority shall
notify and direct the owner of the animal to abate the nuisance or remove the animal
from the city within ninety-six (96) hours from the date of notice. If such animal is found to
be within the confines of the city after ninety-six (96) hours have elapsed from the date of
notice, the nuisance shall be abated and the animal removed by the director of the
animal control authority Animals removed pursuant to the provisions of this section shall
be removed from the city or be subjected to euthanasia by the animal control authority
B Any dog or other animal which bites, attacks, or attempts to bite one (1) or more
persons two (2) or more times within a two (2) year period is declared to be a public
http://www.codepublishing.com/wa/kent/html/Kent08/Kent0803.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 29 of 30
nuisance and shall not be kept within the city forty-eight (48) hours after receiving written
notice from the director Such animal found in violation of this section will be impounded
and disposed of as an unredeemed animal, and the owner or keeper of such animal has
no right to redeem such dog or animal.
(Ord No 2316, § 10, Ord No 2787, § 2(9 16 100(I)), 6-21-88, Ord No. 3156, § 1, 2-15-
94. Formerly Code 1986, § 9.16 100(I))
8.03.400 Civil penalty and abatement costs.
A. Liability of owner The civil penalty and the cost of abatement are also personal
obligations of the animal owner The prosecuting attorney on behalf of King County may
collect the civil penalty and the abatement work costs by use of all appropriate legal
remedies
B. Costs of enforcement action. In addition to costs and disbursements provided for by
statute, the prevailing party in a collection action under this chapter may, in the court's
i discretion, be allowed interest and a reasonable attorney's fee The prosecuting attorney
shall seek such costs, interest, and reasonable attorney's fees on behalf of King County
when the county is the prevailing party
(Ord. No. 2316, § 10; Ord No 2787, § 2(9.16.100(J), (K)), 6-21-88, Ord No 3156, § 1,
2-15-94 Formerly Code 1986, § 9.16 100(J, K))
8.03.410 Supplemental provisions.
The provisions of KCC 8 03 390 through 8.03 400 are in addition to other remedies in
KCC 8.03.220 through 8 03 250 for purposes of regulating dangerous or potentially
dangerous dogs.
(Ord. No. 2787, §2(9 16 100(K)), 6-21-88; Ord. No. 3156, § 1, 2-15-94)
8.03.420 Waiver of fees and penalties.
A. The animal control director has the authority to waive licensing fees, late licensing
penalty fees, and redemption and sheltering fees, in whole or in part, when to do so
would further the goals of the animal control section and be in the public interest.
B In determining whether a waiver should apply, the animal control director must take
into consideration the following elements
1. The reason the animal was impounded;
2. The reason of the basis for the violation, and the likelihood the violation will not
recur,
3. The total amount of the fees charged as compared with the gravity of the
violation,
4 The effect on the owner, the animal's welfare and the animal control section if the
fee(s) or penalties are not waived and no payment is received.
(Ord No 3156, § 1, 2-15-94)
` http://www.codepublishing.com/wa/kent/html/KentO8/Kent0803.html 9/28/2010
Chapter 8.03 ANIMAL CONTROL* Page 30 of 30
This page of the Kent City Code is current through City Website: http://www.ci.kent.wa.usf
Ordinance 3973, passed August 17, 2010. City Telephone, (253) 856-5725
Disclaimer- The City Clerk's Office has the official version of the Code Publishing Company
Kent City Code. Users should contact the-City Clerk's Office for
ordinances passed subsequent to the ordinance cited above.
r
http://www.codepublishing.com/wa/kent/htmI/KentO8/KentO8O3.htm1 9/28/2010
Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar 7H
1. SUBJECT: PANTHER LAKE PROPERTY LEASE AGREEMENT - APPROVE
2. SUMMARY STATEMENT: Ratify the one-year lease agreement between
the City of Kent and Gerald Olsen Jr. and Kristen Roen to rent one house and
outbuildings, located at 11234 SE 204th Street, for $1,200 per month, plus
leasehold tax.
In September 2010, the City purchased property located in the Panther Lake
annexation area, which includes the house and outbuildings the subject of the
lease. The Sellers prior to the sale had been renting to Olsen and Roen.
3. EXHIBITS: Lease Agreement
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5, FISCAL IMPACT
Expenditure? _ Revenue? X
Currently in the Budget? Yes — No X
6. CITY COUNCIL ACTION:
ICouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
1
LEASE AGREEMENT
This Lease is entered into the date fully executed by and between the CITY OF
KENT hereinafter called the "Owner", and GERALD OLSEN, JR. and KRISTIN
ROEN, hereinafter collectively called the "Tenant".
j1. PREMISES
The Owner leases to Tenant one house and the out buildings located on King
County Tax Parcel Nos. 0522059264 and 0522059032 and legally described in
Attachment "A" attached and incorporated into this Lease (the "Premises").
2. USE
Tenant shall use the Premises for personal residence purposes only. No use
shall be made of Premises, or act done in or about Premises, which is illegal, unlawful,
violates zoning codes, or which will increase the existing rate of insurance for the
Premises. Tenant shall not commit, or allow to be committed upon the Premises, any
waste or any public or private nuisance. Tenant will comply, at Tenant's own cost and
expense, with all reasonable orders, notices, regulations or requirements of any
municipality, state or other governmental authority respecting the use of the
Premises.
3. TERM
The term of this Lease shall begin October 1, 2010. This Lease shall continue
for twelve (12) months, ending September 30, 2011. Tenant may terminate this
Lease sooner upon giving Owner twenty (20) days written notice prior to the end of
the month.
4. RENT
A. Tenant shall pay monthly rent of $1,200.00 per month ("Rent") to
Owner on or before the first day of each month through the term of the Lease.
B. In addition to Rent, Tenant shall pay leasehold tax, which at this time is
12.84% (or $154.08 per month), to Owner on or before the first day of the month
during the term of the Lease.
C. Rent and leasehold tax shall be mailed to:
City of Kent
Customer Services
220 Fourth Avenue South
Kent, WA 98032
D. Tenant shall pay Owner a late payment charge equal to five percent
(5%) of the amount due for any payment not paid within five (5) calendar days of
when due. Any amounts not paid when due shall bear interest until paid at the rate
LEASE AGREEMENT Page 1 of 9
(between the City of Kent and Gerald Olsen, Jr. &Kristin Roen)
of one percent (1%) per month.
S. TAXES
Tenant shall pay any tax that this Lease, or the interest created thereby, may
be subject to at any time during the term of the Lease or renewal thereof.
6. RE-DELIVERY
Tenant, at the expiration of the term in Section 3, any extension of the term, or
upon any sooner termination of this Lease, will, without notice from Owner, quit and '
deliver up the Premises to the Owner peaceably, quietly, and in as good order and
condition as the same now are or may hereafter be placed by Owner, reasonable use
and wear thereof excepted. I
7. TENANT'S OBLIGATIONS
A. Utilities: Tenant will pay, when due, all utilities (water, sewer, gas,
garbage, electricity, etc.). It is the obligation of the Tenant to set up or continue
utilities services at the beginning of tenancy. Tenant is to pay the utility company
directly. The Tenant is obligated for all utilities until the last day of tenancy. Tenant
shall cause no liens of record to be placed upon the Premises because of delinquent
utility charges.
B. Operation of Appliances: Tenant shall properly use and operate all
electrical, gas, heating, and plumbing fixtures as well as appliances supplied by the
Owner on the Premises.
C. Appliances: Tenant shall promptly repair any appliances if the
malfunction was caused by Tenant.
D. Broken Glass: Tenant shall promptly replace any glass that is broken as
a result of the Tenant and his/her guest(s).
E. Yard: Tenant shall, at his/her expense, maintain the Premises by
watering, weeding, and overall conditioning the lawn, shrubs, trees, and landscaping.
F. Utility System: Tenant shall protect the plumbing system from
freezing and maintain the heating system, which includes regular changing of the
furnace filters if applicable.
G. Regular Maintenance: Regular maintenance of faucets, pipes, gutters,
furnace, roof, and chimney is the Tenant's obligation year round. Regular
maintenance of the roof will include such work as annual pressure washing and
replacement of loose or missing shingles.
H. Paint: Exterior surfaces shall be treated by the City on a life cycle
schedule every 5-7 years. Maintenance of interior surfaces shall be the
responsibility of the Tenant.
LEASE AGREEMENT Page 2 of 9
(between the City of Kent and Gerald Olsen, Jr. &Kristin Roen)
I. Dangerous Conditions: Tenant shall immediately notify the Owner of
1 any dangerous condition that might lead to the impairment of the value of the
Premises.
I Insurance: Tenant shall procure and maintain renter's insurance in
connection with Tenant's use of the Premises.
S. EXCEPTIONS FROM LEASE:
The following items will not be repaired or replaced by the Owner and remain
on the Premises only for the convenience of the Tenant: None.
9. OWNER OBLIGATIONS:
Owner agrees to maintain the Premises according to the laws of the State of
Washington and Federal agencies. However, if a defective condition was caused
directly or indirectly by the Tenant, his/her family, guest, licensee, or any other
person(s) acting under the control or direction of Tenant, the Owner shall have no
obligation to repair said defect, and the Tenant shall immediately repair the defect at
Tenant's cost. The Tenant shall have no defense against the Owner to remedy the
defective condition. This applies also where Tenant unreasonably fails to notify the
Owner of the condition or allow Owner access to the Premises for the purpose of
repair.
10. ALTERATIONS
' Tenant shall not make any alterations, additions or improvements to the
Premises, without obtaining the consent of Owner in writing first, which shall not be
unreasonably withheld. Owner does hereby consent to cosmetic alterations such as
painting. All alterations, additions and improvements that are made, shall be at the
sole cost and expense of Tenant. All improvements shall become the property of the
Owner at the termination of the Lease, except for improvements that Owner, at
Owner's option, agrees are the property of Tenant, or improvements that Owner
requests Tenant remove at termination. If the Tenant performs work with the
consent of the Owner, Tenant agrees to comply with all laws, ordinances, rules,
regulations of the appropriate governing authority The Tenant further agrees to save
the Owner free and harmless from damage, loss or expense arising out of said work.
11. INDEMNIFICATION/HOLD HARMLESS
I Tenant shall defend, indemnify and hold the Owner, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or in connection with the performance
of this Lease, except for injuries and damages caused by the sole negligence of the
Owner. Should a court of competent jurisdiction determine that this Lease is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Tenant and the Owner, its officers, officials, employees, and
volunteers, the Tenant shall be liable hereunder, except to the extent the liability is
attributed to Owner's negligence.. The provisions of this Section shall survive the
LEASE AGREEMENT Page 3 of 9
(between the City of Kent and Gerald Olsen, Jr. &Kristin Roen)
expiration or termination of this Lease.
12. LIENS
Tenant shall keep the leased Premises free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Tenant.
13. ASSIGNMENT
Tenant shall not assign this Lease or any part thereof. Tenant shall not let or
sublet the home on the Premises. This Lease shall not be assignable by operation of
law.
14. ACCESS
Tenant will allow Owner or Owner's agents free access at all reasonable times
to the Premises for the purposes of inspection. This right shall not be construed as an
agreement on the part of the Owner to make repairs, additions, or alterations.
iS. DAMAGE OR DESTRUCTION, REPAIR OR REPLACEMENT
In the event the Premises is damaged to such extent as to render the Premises
untenantable in whole or in a substantial part thereof, or is destroyed, the Tenant
shall give Owner or Owner's agent immediate written notice thereof, and, it shall be
optional with the Owner to repair or rebuild the same. Owner shall have not more
than thirty (30) days after date of such notification to notify the Tenant in writing of
Owner's intentions to repair or rebuild the Premises, or the part damaged. If Owner
elects to repair or rebuild the Premises, Owner shall prosecute the work of repairing
or rebuilding without unnecessary delay. If Owner elects not to repair or rebuild the
Premises this Lease shall be terminated and Owner shall not be obligated to provide
Tenant another facility to lease.
16. NOTICES
All notices to be given by the parties hereto shall be in writing and may either
be served personally or may be deposited in the United States Mail, postage prepaid,
by either registered mail or by regular mail with certificate of mailing obtained.
Notices shall be mailed to the addresses below, or a later changed addressed provided
in writing to the party:
OWNER:
City of Kent
Attn: Parks & Community Services Director
220 Fourth Avenue South
Kent, Washington 98032
(253) 856-5700
TENANT:
LEASE AGREEMENT Page 4 of 9
(between the City of Kent and Gerald Olsen, Jr. &Krlstm Roen)
r�
I Gerald Olsen, Jr. and Kristin Roen
11234 SE 204" Street
Kent, Washington 98031
(253) 859-0256
17. DEFAULT AND RE-ENTRY
If Tenant shall violate, default or not comply with any of the material
covenants, agreements or provisions of this Lease, then the Owner may cancel this
Lease upon giving the notice required by law, and re-enter the Premises, using such
force as may be required.
The failure of the Owner to insist upon strict performance of any of the
covenants and agreements of this Lease, or to exercise any option herein conferred in
any one or more instances, shall not be construed to be a waiver or relinquishment of
any such, or any other covenant or agreements, but the same shall be and remain in
full force and effect.
18. COSTS AND ATTORNEYS FEES
If by reason of any default on the part of Tenant it becomes necessary for the
Owner to use an attorney, or if Tenant shall bring any action for any relief against
Owner, declaratory or otherwise, arising out of this Lease, each party shall be
responsible to pay its own attorney fees and costs.
' 19. REMOVAL OF PROPERTY
In the event of any entry in, or taking possession of, the Premises, the Owner
shall have the right, but not the obligation, to remove from the Premises all personal
property located therein. Owner may store the same in any place selected by Owner,
including but not limited to a public warehouse, at the expense and risk of the owners
of the personal property, with the right to sell such stored property in accordance with
Chapter 59.18 RCW.
20. HEIRS AND SUCCESSORS
Subject to the provision hereof pertaining to assignment and subletting, the
covenants and agreements of this Lease shall be binding upon the heirs, legal
representatives, successors and assigns of any or all of the parties hereto.
21. HOLDOVER
If the Tenant shall, without the written consent of Owner, holdover after the
expiration of the term of this Lease, such tenancy shall be for an indefinite period of
time on a month to month tenancy, such tenancy may be terminated as provided by
1 the laws of the State of Washington. During such tenancy Tenant agrees to pay to
the Owner 110% ($1,320.00) per month of the rent paid prior to Tenant holding over
plus 100% leasehold tax on the rent and to be bound by all of the terms, covenants,
and conditions of this Lease, so far as applicable.
LEASE AGREEMENT Page 5 of 9
(between the City of Kent and Gerald Olsen,Jr. & Knstln Roen)
1 �
22. SUBORDINATION
Upon Owner entering into any financing or refinancing affecting the Premises,
Tenant agrees to execute documents within three (3) days of the request of Owner to
subordinate this Lease to any mortgage, (or deed of trust or other security) granted ■ 'il
to a financing institution or other secured party or entity.
The foregoing conditions are mutually agreed to by the Owner and the Tenant.
TENANT(s): OWNER:
CITY OF KENT
Print Name: Gerald Olsen Jr. Suzette Cooke
Date: Its Mayor
Date:
Print Name: Kristin Roen
Date:
i
LEASE AGREEMENT Page 6 of 9
(between the City of Kent and Gerald Olsen, Jr. &Kristin Roen)
1
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of 2010, before me a Notary Public in and for the
State of Washington, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
■ the person who executed this instrument and acknowledged it to be his/her free and
voluntary act and deed for the uses and purposes mentioned in this instrument.
I -Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of 2010, before me a Notary Public in and for the
State of Washington, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
i the person who executed this instrument and acknowledged it to be his/her free and
voluntary act and deed for the uses and purposes mentioned in this instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LEASE AGREEMENT Page 7 of 9
(between the City of Kent and Gerald Olsen, Jr. &Kristin Roen)
STATE OF WASHINGTON ) I
ss.
COUNTY OF KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke
is the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she is authorized to execute the
instrument on behalf of the City of Kent as its Mayor, and such execution to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
r
P\Cnn1\Fl1es\0pen Files\1535-VanDyke Purchase and Sale\Van Dyke Lease docx
LEASE AGREEMENT Page 8 of 9
(between the City of Kent and Gerald Olsen, Jr. & Krnsttn Roen)
i
Attachment A
Legal Description:
THE WEST 80 FEET OF THE EAST 320 FEET OF THE WEST 636 FEET OF THE SOUTH HALF OF
GOVERNMENT LOT 6,IN SECTION 5,TOWNSHIP 22 NORTH,RANGE 5 EAST,W M, IN KING COUNTY,
WASHINGTON,
EXCEPT THE NORTH 360 FEET THEREOF,
iAND EXCEPT THE SOUTH 30 FEET THEREOF DEEDED TO KING COUNTY FOR ROAD BY DEED
RECORDED UNDER RECORDING NUMBER 5326220
Property Address:
11234 Southeast 204th Street
Kent, WA 98031 JJ
Tax Account Number: �
052205-9264-06 and 052205-9032-07
i
i
i
i
i
I
i
LEASE AGREEMENT Page 9 of 9
(between the City of Kent and Gerald Olsen, Jr. &Knstm Roen)
IKent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7I
' 1. SUBJECT: S. 277T" CORRIDOR INTERLOCAL AGREEMENT FOR VALLEY
COMMUNICATIONS FIBER OPTIC CABLE AND EQUIPMENT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal
Agreement with the City of Auburn and Valley Communications Center for the
installation and use of fiber optic cable and equipment on the South 277th
corridor. Further, authorize the Mayor to award the construction contract to the
lowest responsive bidder and to sign the construction contract.
Accept grant funds in the amount of $150,000, establish the budget, authorize
the Mayor to sign all necessary documents, subject to final terms and conditions
acceptable to the City Attorney. The grant will be received through the City of
Auburn for funding the project. ValleyCom will pay for all cost overruns. Funding
for Kent`s portion of the project is included in the established Information
Technology budget.
I3. EXHIBITS: Public Works Memorandum dated 9/29/10 and Interlocal
Agreement
i4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
rCouncilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
PUBLIC WORKS DEPARTMENT
Timothy 3. LaPorte P E , Public Works Director
Phone 253-856-5500
KENT Fax 253-856-6500
W A 5"'"C r D" Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: September 29, 2010
' To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: October 4, 2010
From: Timothy J. LaPorte, P.E., Public Works Director
Subject: S. 277th St. Interlocal Agreement for Valley Communications
Fiber
Motion: Move to recommend Council authorize the Mayor to sign an
1 Interlocal Agreement between the City of Kent, Valley Communications
Center and the City of Auburn for the installation and use of fiber optic
cable and equipment on the S. 277th Street corridor, subject to terms and
conditions acceptable to the City Attorney and the Public Works Director.
Further, move to authorize the Mayor to award the construction contract
to the lowest responsive bidder and to authorize the Mayor to sign the
construction contract.
Summary:
To more effectively address public safety and related 911 emergency dispatch
needs, the City of Auburn on behalf of the Cities of Kent, Renton, Tukwila, Auburn,
Algona, Pacific and Federal Way and the Valley Communications Center (ValleyCom)
was successful in obtaining a $150,000 Department of Justice/Cops More Grant for
installation of fiber optic cable along S. 2771h Street. The Interlocal agreement with
ValleyCom and the City of Auburn allows for the installation and use of fiber optic
cable and equipment along the S. 277th St. corridor, and to provide the grant and
additional funds to the City of Kent to contract for the construction of the fiber optic
facilities. The agreement allows the use of the City of Kent's existing conduit system
and right-of-way along S. 277th St. between Auburn Way N. and S. 108th St.
IBudget Impact:
Funding for the project will be shared among the ValleyCom project partners and
any cost overruns would be similarly divided. Funding for Kent's portion of the
1 project is included in I.T.'s budget.
INTERLOCAL AGREEMENT BETWEEN THE VALLEY
COMMUNICATIONS CENTER AND THE CITIES OF AUBURN AND
KENT FOR THE ESTABLISHMENT AND USE OF FIBER OPTIC
' CABLE AND EQUIPMENT DOWN THE 277T" STREET CORRIDOR
THIS INTERLOCAL AGREEMENT is entered into pursuant to the interlocal
cooperation act, chapter 39.34 of the Revised Code of Washington among the City
of Auburn, a Washington municipal corporation ("Auburn") and the City of Kent, a
Washington municipal corporation ("Kent") and the Valley Communications Center
RECITALS
j1. For the last several years, there has been greater interaction between the
Valley Cities of Auburn, Kent, Renton, Tukwila, Auburn, Algona, Pacific and the City
I of Federal Way and the Valley Communications Center related to a number of
different issues.
1 2. One of those issues is reliable and redundant public safety dispatch and
communications.
3. In order to more effectively address public safety and related dispatch needs
the City of Auburn on behalf of the Valley Cities of Kent, Renton, Tukwila, Auburn,
Algona, Pacific and the City of Federal Way and the Valley Communications Center
was successful in seeking funds to enhance public safety communication needs, and
has become eligible to receive grant funds in the amount of one hundred fifty
thousand dollars and no/100 ($150,000.00).
4. In order to receive those funds and use them in support of their common and
cooperative needs, the parties have reached agreement in connection therewith.
IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, PROMISES,
AND BENEFITS ESTABLISHED BELOW, THE PARTIES AGREE as follows:
AGREEMENT
1 A. RECEIPT OF GRANT FUNDS AND ASSOCIATED PROJECT COSTS. The parties
will work cooperatively to use the grant funds received from the Department of
Justice / Cops More Grant ("Grant"), in the total dollar amount of one hundred fifty
thousand dollars and no/100 ($1S0,000.00), which funds shall be received by the
City of Auburn for and on behalf of the parties and which shall be used for the
following:
i
277`h Street Corridor&Valley Com Fiber Optics Interconnect Page 1
1. Design and deploy a 288-count single mode fiber optic cable bundle in
the prescribed 2771h street corridor along with any and all applicable
electronics and public works infrastructure and services necessary to
complete that work.
2. VCC will pay for 96 of the 288 fiber optic strands, the cost of which is not j
provided for in the Grant. In addition, VCC may elect to pay for
additional costs above those detailed and summarized in the winning bid ,
provided for in the City of Kent 277th Street Corridor and Valley Com
Fiber Optics Interconnect - Project Number IT-100401 document, a copy
of which is attached hereto as Exhibit A and incorporated herein by
reference.
3. VCC will pay for maintenance and relocation costs for all associated ,
aspects of the 288 fiber optic strands, both planned and emergent. In
particular, the parties anticipate that S 2771h Street between Auburn
Way N and I Street NE will be widened from three lanes to five lanes at
some point in the future. If that widening occurs and it results in
relocation of the 288-count fiber optic cable bundle, VCC shall pay all
costs associated with relocation of the 288-count bundle.
4. The City of Kent will approve any change orders up to $15,000 or any
change orders required due to changing conditions in the field that
require immediate action. The City of Kent will determine whether
conditions in the field require immediate action, subject to later
ratification by the other parties. All other change orders shall be agreed '
to by the designated representatives identified in Section C. The parties
shall equally share the cost of all change orders associated with the fiber
installation project.
B. FIBER APPORTIONMENT AND MAINTENANCE. One 288-count single mode
fiber optic cable bundle will be installed. The City of Kent and/or the City of Auburn ,
will assist with coordinating the maintenance of fiber and related infrastructure that
resides within each City's respective city limits. Fiber strand apportionment will be
assigned as follows:
1. Fibers 1 - 12 (12 fibers) will be dedicated to the City of Auburn.
2. Fibers 13 - 24 (12 fibers) will be dedicated to the City of Kent.
3. Fibers 25 - 192 (168 fibers) will be entrusted to VCC based on the
following order of priority and usage.
a) Upon request, use by other valley cities including: Renton 1
12 fibers, Federal Way 12 fibers, Tukwila 12 fibers, Algona
6 fibers, and Pacific 6 fibers.
b) Use by Kent, Auburn, other valley cities, and/or other
public entities that benefit public safety.
277`h Street Corridor&Valley Corn Fiber Optics Interconnect Page 2
' c) Future fiber optic strand apportionment for these fibers will
be determined by consultation, mutual agreement, and
approved interlocal contracts drafted between Valley
Communications Center and any potential interested public
sector entities.
4. Fibers 193 - 288 (96 fibers) will be entrusted to VCC for use at the sole
discretion of VCC.
C. DESIGNATED REPRESENTATIVES. Each party shall designate a
representative to meet, confer, evaluate and administer expenditure proposals in
connection with the Grant funds. The representatives shall meet as warranted at
dates and times determined by them to be most convenient. They are also
empowered to designate, identify and develop procedures and processes for their
Iinteraction in connection with the administration and use of the Grant Funds.
D. INSURANCE. Each party shall be responsible for maintaining, during the
term of this Agreement, and at its sole cost and expense, insurance coverage in
amounts determined to be sufficient by each party's representative, in the amounts
described in Exhibit B attached and incorporated by this reference.
E. INDEMNIFICATION. Each party hereto agrees to be responsible and assumes
liability for its own wrongful or negligent acts or omissions, or those of its officers,
agents, or employees to the fullest extent required by law. Each party agrees to
save, indemnify, defend, or hold the other party harmless against all liability, loss,
damages, and expenses, including costs and attorney's fees, resulting from actions,
claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or
in consequence of the acts or failures to act of the other party, its employees, its
subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of multiple parties, any
damages allowed shall be levied in proportion to the percentage of negligence
attributable to each party, and each party shall have the right to seek contribution
from the other party in proportion to the percentage of negligence attributable to
the other party.
F. RESOLUTION OF DISPUTES AND GOVERNING LAW. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
If the parties are unable to settle any dispute, difference or claim arising from the
parties' performance of this Agreement, the exclusive means of resolving that
dispute, difference or claim, shall only be by filing suit exclusively under the venue,
rules and jurisdiction of the King County Superior Court, King County, Washington,
1 unless the parties agree in writing to an alternative dispute resolution process. In
any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit, including all appeals, in addition to any
other recovery or award provided by law; provided, however, nothing in this
paragraph shall be construed to limit a Party's right to indemnification under
' Section E of this Agreement.
277`" Street Corndor 1,Valley Com Fiber Optics Interconnect Page 3
G. WRITTEN NOTICE. All communications regarding this Agreement shall be
sent to the parties at the addresses listed on the signature page of the Agreement,
unless notified to the contrary. Any written notice hereunder shall become effective
three (3) business days after the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated in
this Agreement or such other address as may be hereafter specified in writing.
H. ASSIGNMENT. Any assignment of this Agreement by any party without the
written consent of the non-assigning parties shall be void. If the non-assigning
party gives its consent to any assignment, the terms of this Agreement shall
continue in full force and effect and no further assignment shall be made without
additional written consent.
I. MODIFICATION. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by a duly
authorized representative of the parties.
J. ENTIRE AGREEMENT. The written provisions and terms of this Agreement, r
together with any Exhibits attached hereto, shall supersede all prior verbal
statements of any officer or other representative of the parties, and such
statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are
hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this
Agreement, the terms of this Agreement shall prevail.
K. COMPLIANCE WITH LAWS. The parties agree to comply with all federal,
state, and municipal laws, rules, and regulations that are applicable to this
agreement. ,
L. COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
M. DISCRIMINATION. In the hiring of employees for the performance of work
under this Agreement or any subcontract, the parties, or any person acting on
behalf of the parties shall not, by reason of race, religion, color, sex, age, sexual
orientation, national origin, or the presence of any sensory, mental, or physical
disability, discriminate against any person who is qualified and available to perform
the work to which the employment relates.
N. DURATION. The duration of this Agreement shall be for the period of time it r
reasonably takes for the performance by the parties as contemplated herein.
O. PURPOSE. The purpose of this Agreement is to use grant funds to deploy fiber r
optic cable and related infrastructure in the 277`h street corridor and to provide for the
maintenance of the cable and infrastructure.
277"' Street Corridor&Valley Com Fiber Optics Interconnect Page 4
P. ADMINISTRATION. The oversight and administration of the Agreement shall be
by the respective named representatives identified in Section C.
Q. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE AND RELATED
INFRASTRUCTURE. All Fiber Optic Cable, Infrastructure and Fiber Strands installed
as part of a Fiber Optic Project shall be allocated to the individual parties as specified
' in Section B. The parties shall own all right and title to these allocated Fiber Strands
and Infrastructure.
1. USE OF FIBERS
' A participating agency shall have complete free and unrestricted use of the Fiber
Strands installed and allocated to it under this Agreement for any lawful purpose
subject to applicable agreements, approvals, permission and permits.
2. SALE OF FIBERS
' Parties who wish to sell or otherwise transfer their allocated fibers to any
other party must obtain written and unanimous approval from all parties, whom are
also granted right of first refusal regardless of circumstances of the sale.
3. PARTIES RIGHT OF FIRST REFUSAL
' Before any allocated fibers or related infrastructure held by a
participating agency may be sold or otherwise transferred (including transfer by gift or
' operation of law), the other parties, either individually or collectively, shall have a
right of first refusal to purchase the Shares on the terms and conditions set forth in
this section.
(a) Notice of Proposed Transfer. The selling
participating agency shall deliver to all parties a written notice stating: (i) the bona
fide intention to sell or otherwise transfer such allocated fibers or related
infrastructure; (ii) the name of each proposed purchaser or other transferee; (1n) the
number of fibers to be transferred to each proposed transferee; (iv) the bona fide
cash price or other consideration for which the selling participating agency proposes
to transfer the allocated fibers or related infrastructure and the material terms and
conditions of the proposed transfer (the "Offered Terms") and (b) offer the allocated
fibers or related infrastructure at the Offered Terms to the other parties.
(b) Exercise of Right of First Refusal. At any time within 60
days after receipt of the notice, the other parties, either individually or collectively,
may, by giving written notice to the selling participating agency, elect to purchase all,
but not less than all, of the allocated fibers or related infrastructure proposed to be
' transferred to any one or more of the proposed transferees, at the purchase price and
on the terms determined in accordance with subsection (c) below.
277`h Street Corridor&Valley Corn Fiber Optics Interconnect Page 5
(c) Purchase Price. The purchase of the allocated fibers or t
related infrastructure by the other parties, either individually or collectively, under this
section shall be identical in all material respects to the Offered Terms.
(d) Payment. Payment of the purchase price shall be made in
accordance with the Offered Terms, within ninety (90) days after delivery of the
written notice by the other parties, either individually or collectively, as set forth in (b)
above.
(e) Right to Transfer. If all allocated fibers or related
infrastructure proposed in the notice to be transferred to a given proposed transferee
are not purchased by the other parties, either individually or collectively, the
participating agency may sell or otherwise transfer such allocated fibers or related
infrastructure to that proposed transferee, provided that such sale or other transfer is
consummated within sixty (60) days after the date of the notice and provided further
that any such sale or other transfer is affected in accordance with Offered Terms as
presented to the other parties. If the allocated fibers or related infrastructure
described in the notice are not transferred to the proposed transferee within such '
period, a new notice shall be required and the other parties, either individually or
collectively, shall again be offered the Right of First Refusal before any allocated fibers
or infrastructure held by them may be sold or otherwise transferred.
(f) Any entity purchasing the right to use fibers or related
infrastructure installed under a fiber optic project agreement must agree to all the
terms and conditions of this Agreement, including the General Terms and Conditions,
Exhibits and Addenda as specified in this document and shall notify the parties of any
such purchase. ,
Parties may grant the right to use their fiber or related
infrastructure allocation to any other party provided the sale or lease is approved by a
majority of the other parties to this Agreement. Such approval shall not be
unreasonably withheld.
S. TERMINATION. Any party may terminate this Agreement, with or without ,
cause, upon providing the other parties 30 days advanced written notice. A party
terminating this Agreement shall remain responsible for its proportionate share of ,
expenses incurred under this Agreement. If the parties do not obtain the Grant
described in Section A of this Agreement, any party may withdraw from and will not
be further bound by the Agreement effective immediately.
T. COPIES OF THE AGREEMENT. Copies of this Agreement shall be filed with the
King County Auditor's Office; the Secretary of State of the State of Washington; and
the respective Clerks of the parties hereto.
THIS AGREEMENT WILL TAKE EFFECT ON THE LAST DATE ENTERED BELOW.
277`h Street Corridor&Valley Corn Fiber Optics Interconnect Page 6
CITY OF AUBURN: CITY OF KENT:
By. By:
(signature) (signature)
Print Name: Peter B. Lewis Print Name: Suzette A. Cooke
Its Mayor Its Mayor
' DATE: (title) DATE: (title)
Attest:
1 Danielle B. Daskam, City Clerk
1 APPROVED AS TO FORM: APPROVED AS TO FORM:
Daniel B. Heid, City Attorney Kent Law Department
1 VALLEY COMMUNICATIONS CENTER:
' By.
(signature)
Print Name: Suzette A. Cooke
Its Administration Board Chair
(title)
DATE: October 1, 2010
277tn Street Corridor&Valley Corn Fiber Optics Interconnect Page 7
tKent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7J
1. SUBJECT: 2011 OPERATING BUDGET (2 ND HEARING) - SET HEARING DATE
2. SUMMARY STATEMENT: Set November 2, 2010, for the second public
hearing of the 2011 Budget at the regular City Council meeting. Public input is
welcome.
I
1
I
1
L3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
j5. FISCAL IMPACT
Expenditure? N/A Revenue? -N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
Kent City Council Meeting
Date October 19, 2010
1 Category Consent Calendar - 7K
' 1. SUBJECT: 2011-2016 CAPITAL IMPROVEMENT PLAN (2 ND HEARING) AND
COMPREHENSIVE PLAN AMENDMENTS - SET HEARING DATE
' 2. SUMMARY STATEMENT: Set November 2, 2010, for the second public
hearing of 2011-2016 Capital Improvement Plan at the regular City Council
meeting. Public input is welcome.
' 3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? -N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
t
' Kent City Council Meeting
Date October 19, 2010
ICategory Consent Calendar - 7L
1. SUBJECT: KENT COMPREHENSIVE PLAN AND AMENDMENTS TO KENT CITY
CODE SECTION 12.13 SCHOOL IMPACT FEES - SET HEARING
DATE
2. SUMMARY STATEMENT: Set November 2, 2010, as the date for a public
hearing to consider amendment of the Capital Facilities Element of the Kent
Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to
incorporate the updated Capital Facilities Plans of the Auburn, Kent and Federal
Way School Districts, the City's 2011-2016 Capital Improvement Plan, and
changes to adopted school impact fees.
1
3. EXHIBITS: Staff memo dated 10/12/10
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
i5. FISCAL IMPACT
Expenditure? No Revenue? No
' Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
' ACTION:
i
' ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
KENT Fred N. Satterstrom, AICP, Director
wA 5 H I N G10 N Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S.
Kent, WA 98032-5895
' October 12, 2010
To: Mayor Suzette Cooke, Council President Jamie Perry and City Council
Members
From: Charlene Anderson, AICP, Planning Manager
Subject: Comprehensive Plan/Capital Facilities Element Amendment and Update 'f
to Chapter 12.13 Kent City Code — Set Hearing Date
MOTION: Set November 2, 2010 as the date for a public hearing to
consider amendment of the Capital Facilities Element of the Kent
Comprehensive Plan and amendment of Chapter 12.13 Kent City Code to
incorporate updated Capital Facilities Plans of the Auburn, Kent and
Federal Way School Districts, the City's 2011-2016 Capital Improvement
' Plan, and changes to adopted school impact fees.
SUMMARY: Kent City Code authorizes school impact fees on behalf of any school
district which provides to the City a capital facilities plan; the plan is adopted by
reference as part of the Capital Facilities Element of the Kent Comprehensive Plan.
The school districts are required to submit for annual Council review their updated
' capital facilities plans. The City Council holds the public hearing on the school
district plans at the same time as the public hearing for the budget, i.e.,
November 2, 2010. The Auburn, Kent and Federal Way School Districts have
submitted updated Capital Facilities Plans for Council review and consideration. The
City of Kent 6-year Capital Improvement Program being considered on the same
date also will update the Capital Facilities Element of the Comprehensive Plan.
' BUDGET IMPACT: None
BACKGROUND: One of the planning goals under the Growth Management Act
1 (RCW 36.70A.020) is to ensure that those public facilities and services necessary to
support development are adequate and timely to serve the development without
decreasing current service levels below minimum standards. The Act (RCW
36.70A.070) also requires the Capital Facilities Element of the Kent Comprehensive
Plan to inventory existing capital facilities, forecast future needs and provide for
financing of those facilities. RCW 82.02.050 authorizes cities planning under the
Growth Management Act to Impose Impact fees on development activity as part of
the financing for public facilities needed to serve new growth and development. As
a result, KCC 12.13.080 authorizes school Impact fees on behalf of any school ,
district which provides to the City a capital facilities plan; the plan is adopted by
reference as part of the Capital Facilities Element of the Kent Comprehensive Plan.
The school districts are required to submit for annual Council review their updated
capital facility plans (KCC 12.13.060 & 070).
The Auburn, Kent and Federal Way School Districts propose amendment of the Kent '
Comprehensive Plan and Kent City Code Chapter 12.13 to reflect changes to impact
fees resulting from new student population generated by new single family and
multifamily residential development. The updated plans include an inventory of ,
existing facilities, existing facility needs, expected future facility requirements, and
expected funding.
The Kent School District proposes to increase their existing school impact fees for '
single family units from $5,394 to $5,486 (an increase of $92 or 1.7%) and for
multifamily units from $3,322 to $3,378 (an increase of $56 or 1.7%). ,
The Federal Way School District proposes to increase their existing school impact
fees for single family units from $3,832 to $4,014 (an increase of $182 or 4.70%) ,
and increase their fees for multifamily units from $2,114 to $2,172 (an increase of
$58 or 2.7%).
The Auburn School District proposes to decrease their existing school impact fees '
for single family units from $5,432.70 to $5,266.33 (a decrease of $166.37 or
3.1%) and increase their fees for multifamily units from $1,184.71 to $1,518.22 ,
(an increase of $333.51 or 28.2%). The only area in Kent where Auburn School
District's impact fees are applied is the Verdana or Bridges PUD on the former
impoundment reservoir site. '
C41pm S\Permit\PIanNCOMP_PLAN_AMENDMENTS\2010\CPA-2010-1 Schi DistsCFPSUpdate\CPA-2010_I_capfacchties_set_Hrgll-02-10 doc
cc: Ben Wolters, Economic&Community Development Director
Fred N Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Parties of Record
Project Files
CPA-2010-1/KIVA #2102736
10/19/09 City Council Meeting
Page 2 of 2
Kent City Council Meeting
Date October 19, 2010
' Category Consent Calendar - 7M
1. SUBJECT: 2010 TAX LEVY FOR 2011 BUDGET - SET HEARING DATE
2. SUMMARY STATEMENT: Set November 2, 2010, as the public hearing date
on the 2010 Tax Levy for the 2011 budget at the regular City Council meeting.
Public input is welcome.
' 3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? -N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
' DISCUSSION:
ACTION:
' Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 7N
1. SUBJECT: DRUG FREE COMMUNITIES SUPPORT PROGRAM GRANT - ACCEPT
2. SUMMARY STATEMENT: Accept U.S. Department of Health and Human
Services Substance Abuse Mental Health Services grant in the amount of
$53,453, establish the budget, authorize the expenditure of the funds, and
authorize the Mayor to sign all necessary documents.
The Kent Police Department has received notification of continuation funding from
the U.S. Department of Health and Human Services Substance Abuse Mental
Health Services (SAMHSA) Drug Free Communities Support Program. The grant
funds will be used to support the Kent Drug Free Communities Coalition. The
award amount for the third year of the five year project is $53,453.
The grant period runs from 9/30/10 through 9/29/11.
3. EXHIBITS: Grant award announcement dated 9/7/10
' 4. RECOMMENDED BY: Public Safety Committee 10/12/10
(Committee, Staff, Examiner, Commission, etc.)
i5. FISCAL IMPACT
Expenditure? Y Revenue? Y
' Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
1
DISCUSSION:
ACTION:
Notice of Award
'' ;✓, DFC Issue Date: 09/07/2010
ffr Department of Health and Human Services
yt Substance Abuse and Mental Health Services Administration
Center for Substance Abuse Prevention
Grant Number: 51-179SP014902-03
Program Director:
Stacy Judd
Project Title: Kent Drug Free Coalition
Grantee Address Business Address f
KENT CITY POLICE DEPARTMENT Stevem Strachan
Steven Strachan Research and Development Analyst
Kent Police Department
220 4th Avenue S 220 4th Avenue S
Kent, WA 98032 Kent, WA 98032
Budget Period: 09/30/2010—09/29/2011
Project Period: 09/30/2008—09/29/2013
Dear Grantee:
The Substance Abuse and Mental Health Services Administration hereby awards a grant in the amount of
$53,453 (see"Award Calculation"in Section I and"Terms and Conditions" in Section III)to KENT CITY
POLICE DEPARTMENT in support of the above referenced project This award is pursuant to the authority
of DFC Act 1997 (PL105-20) reauth PL 107-82 reauth PL 109-469 and is subject to the requirements of this
statute and regulation and of other referenced, incorporated or attached terms and conditions
Award recipients may access the SAMHSA website at www samhsagov(click on"Grants"then SAMHSA
Grants Management), which provides information relating to the Division of Payment Management System,
HHS Division of Cost Allocation and Postaward Administration Requirements Please use your grant
number for reference
Acceptance of this award including the"Terms and Conditions" is acknowledged by the grantee when funds
are drawn down or otherwise obtained from the grant payment system.
' If you have any questions about this award, please contact your Grants Management Specialist and your
Government Project Officer listed in your terms and conditions
Sincerely yours,
4v9CU4 ("T4,&96
Barbara Orlando
Grants Management Officer
Division of Grants Management
See additional information below
i
Page-1
SECTION I—AWARD DATA—SH79SP014902-03
Award Calculation(U.S. Dollars)
Salaries and Wages $894
Fringe Benefits $150
Personnel Costs(Subtotal) $1,044
Supplies $10,780
Consortium/Contractual Cost $17,213
Travel Costs $6,899
Other $17,517
Direct Cost $53,453
Approved Budget $133,946
Federal Share $53,453
Non-Federal Share $80:493 ✓
Cumulative Prior Awards for this Budget Period $0
AMOUNT OF THIS ACTION (FEDERAL SHARE) $53,453 ✓ '
SUMMARY TOTALS FOR ALL YEARS ,
YR AMOUNT
3 $53,453
4 $53,492
5 $53,639
* Recommended future year total cost support, subject to the availability of funds and satisfactory progress
of the project.
Fiscal Information:
CFDA Number: 93.276
EIN: 1916001265A1 '�
Document Number: H9SP14902A✓
Fiscal Year: 2010 /
IC CAN Amount '
SP C9613655 ✓ $53,453 ✓
SP Administrative Data:
PCC: DFC I OC: 4145
SECTION II—PAYMENT/HOTLINE INFORMATION—SH79SP014902-03
Payments under this award will be made available through the HHS Payment Management System (PMS)
PMS is a centralized grants payment and cash management system, operated by the HHS Program
Support Center(PSC), Division of Payment Management(DPM) Inquiries regarding payment should be
directed to The Division of Payment Management System, PO Box 6021, Rockville, MD 20852, Help Desk
Support—Telephone Number 1-877-614-5533.
The HHS Inspector General maintains a toll-free hotline for receiving information concerning fraud, waste,
or abuse under grants and cooperative agreements. The telephone number is 1-800-HHS-TIPS
(1-800-447-8477). The mailing address is Office of Inspector General, Department of Health and Human
Services, Attn HOTLINE, 330 Independence Ave . SW, Washington, DC 20201
SECTION III—TERMS AND CONDITIONS—5H79SP014902-03
Page-2
i
i
This award is based on the application submitted to, and as approved by, SAMHSA on the above-title
project and is subject to the terms and conditions incorporated either directly or by reference in the
following
a. The grant program legislation and program regulation cited in this Notice of Award.
b The restrictions on the expenditure of federal funds in appropriations acts to the extent those
restrictions are pertinent to the award
c. 45 CFR Part 74 or 45 CFR Part 92 as applicable.
d The HHS Grants Policy Statement
e. This award notice, INCLUDING THE TERMS AND CONDITIONS CITED BELOW
Treatment of Program Income:
Additional Costs
SECTION IV— SP Special Terms and Condition—5H79SP014902-03
REMARKS.
PROGRAM OVERVIEW
The Drug Free Communities Support Program (DFC) is a collaborative effort between the Office of National
Drug Control Policy (ONDCP) and the Substance Abuse and Mental Health Services Administration
(SAMHSA) ONDCP issues grant awards to community coalitions through an interagency agreement with
SAMHSA According to the Drug Free Communities Act of 1997, the purpose of DFC funding is to address
two major goals 1)establish and strengthen collaboration among communities, public and private non-
profit agencies, and Federal, State, local and Tribal governments to support the efforts of community
coalitions and 2) Reduce substance abuse among youth and, over time, among adults.
While responsibility rests with the grantee for achieving the primary goals of the program, SAMHSA shall
monitor and provide continuing technical assistance, consultation, and coordination in the conduct of the
project during the funding period You can find additional details about the support available to you as a
grantee on the program's website at www wh deloused rug policy gov/dfc or in your Grantee Handbook
available from your Grants Management Specialist In addition to these terms and conditions and the
applicable statutes and regulations, grantees are bound by the DHHS Grants Policy Statement(available at
www.samhsa gov/grants) and all requirements in the Program Announcement for the FY 2010 Drug Free
Communities Program All requirements in the initial DFC Program Announcement are available at
www.samhsa gov/grants/archives aspx, go to FY2010 applications and SP10-005 �
TERMS AND CONDITIONS OF AWARD
Failure to comply with Terms and Conditions may result in a financial drawdown restriction on your
Payment Management Account or denial of funding in the future as outlined in the following section.
PROGRESSIVE DISCIPLINE AND APPEALS PROCESS- If for any reason you do not comply with the
applicable terms, conditions, rules and regulations for the DFC program, your grant will be subject to the
Progressive Discipline and Appeals Process developed by ONDCP and SAMHSA There are three
progressive discipline actions that can be taken 1) High Risk status, 2) Suspension, and 3)Termination
An overview of this plan and the complete explanation and procedures are posted on the Drug Free
Communities Program website, http//www ondcp gov/dfclappeals_process html or can be linked through
http.//www samhsa gov/Grants/management.aspx
ROLE AND RESPONSIBILITIES OF THE GRANTEE:
For the purposes of the DFC Program, a"grantee"is either a coalition that has received a grant or is an
outside agent that is serving as the grantee on behalf of a community coalition under the competitive RFA
process
Page-3
The following Statutory Eligibility Requirements must be met each year while the coalition is funded by the
DFC Program Failure to meet one of these requirements is considered non-compliance with grant
regulations (see Progressive Discipline and Appeals Process)
Statutory Eligibility Requirements for DFC-funded Coalitions a(if you are the grantee for a separate
coalition,you are still responsible for ensuring all eligibility criteria are met by the coalition)
* The coalition must have at least one representative from the required 12 sectors, as outlined in the
RFA and the Drug Free Communities Act of 1997,
The coalition must maintain meeting minutes that demonstrate that it is a unique entity that has
substantial involvement from its members and is working toward to the two goals of the DFC program,
* The coalition must address multiple(more than one)drugs per year in its annual Strategic/Action
Plans for each year of funding,
* The coalition must have as its principal mission the reduction of youth substance use, and
* The coalition has not already received 10 years of DFC funding
* The coalition must capture and provide the data required by the DFC National Evaluation
Statutory Eligibility Requirements for All DFC Grantees (coalitions or outside agents)-
The grantee must be an entity eligible to receive Federal funds
* The grantee must not request more than $125,000 per year
* The grantee must document the level of non-Federal match defined in the DFC Act
* The grantee cannot be awarded but one DFC grant at a time.
Other Requirements for All DFC Grantees(coalitions or outside agents)-
The grantee must continue the implementation the specific goals and objectives outlined in the
approved application for DFC funding.
* The grantee must develop a funding plan that ensures(1)the required match of requested Federal
funds and (2)to solicit substantial financial support from non-federal sources for sustainability purposes
* The lead paid staff(Program/Project Director)of the DFC-funded coalition must participate in The
DFC Workstation (www drugfreecommunities org), so that he/she receives information from the DFC Staff
on a timely basis (see Special term number 8 below for more details)
* The grantee must use the Strategic Prevention Framework (SPF), a five step evidence-based
process for community planning and decision-making
* The grantee must plan and implement environmental strategies as part of their Strategic and Action
Plans.
Requirements for Grantees in Year 3 and 7
The coalition must submit via email a Sustamability Plan to the Government Protect Officer within 60 days
of the of the start of the 3rd and 7th years of DFC funding.
RESTRICTIONS ON GRANTEE LOBBYING (c)Title 18> Part I> Chapter 93> Section 1913 No part of
the money appropriated by any enactment of Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner
a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote
or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the
introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or
appropriation, but this shall not prevent officers or employees of the United States or of its departments or
agencies from communicating to any such Member or official, at his request, or to Congress or such official,
through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations
which they deem necessary for the efficient conduct of the public business, or from making any
communication whose prohibition by this section might, in the opinion of the Attorney General, violate the
Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national
security activities Violations of this section shall constitute violations of section 1352 (a)of title 31
SPECIAL TERMS OF AWARD
Page-4
1. The grantee must budget for two people to attend a two-day training that may be called at some point
during the fiscal year by ONDCP Should this training be called, ONDCP will provide guidelines on the
positions and/or participants who should attend through the CSAP (Center for Substance Abuse
Prevention) GPO (Grant Project Officer) and on the program's website at
www whitehoused rug policy gov/dfc. If ONDCP chooses not to hold such a meeting during the fiscal year,
the grantee will be allowed to reallocate the funds in this line item with the approval of their GPO and GMO
(Grant Management Officer)
2 The grantee must receive and expend non-Federal matching funds as required in the Program
Announcement and the Drug Free Communities Act In-kind support (i.e, donations, volunteer time, etc.)
may also be used to satisfy the match requirement.
3 The grantee must comply with the DFC National Evaluation requirements ONDCP requires that all
grantees collect data specific to the geographic area designated in the approved application The size of
the data collection must be sufficient to provide an accurate and meaningful statistical representation of the
geographic area served by the coalition. The grantee is responsible for providing these data on or before
the deadline established for each reporting period as highlighted on the program website at
www ondcp gov/dfc Failure to meet established deadlines could result in the GPO placing the grantee on
High-Risk status,which could lead to an eventual suspension or termination of the grant for failure to i
comply with reporting requirements ONDCP reserves the right to change measures, as the DFC National
Evaluation requires, for effective and meaningful evaluation of the program The following data must be
collected every two years on alcohol, tobacco and marijuana for three grades (7th, 9th and 11 th or 8th, 10th
and 12th)
o Age of onset
0 30-day use
0 Perception of risk or harm
o Perception of disapproval of use by parents
4 When requested, the grantee must develop a corrective action plan and complete the approved plan
within the designated timeframe to correct or improve identified deficiencies in performance and/or in the
conditions contributing or causing the unsatisfactory performance
5. Grantees are required to adhere to all the sections of the"Roles and Responsibilities of Grantees"as
outlined in earlier sections of the Notice of Award
6 For each year of funding, the grantee must continue to meet the statutory eligibility requirements
outlined above and as required by the Drug Free Communities Act.
7. Request to carryover funds from one fiscal year to another are due,to the Grants Management
Specialist, by the first Monday in February All such requests must include a copy of the coalition meeting
minutes showing coalition approval of the request
8 The lead paid staff(Program/Protect Director) of the DFC-funded coalition must participate in The DFC
Workstation (www drugfreecommunities org), so that he/she receives information from the DFC Staff on a
regular basis. This includes submitting the lead paid staffs contact information, as well as the contact
information of one member from each of the required 12 sectors The lead paid staff should discuss the
use of The DFC Workstation with sector members who are chosen to represent each sector, so that they
understand their role in distribution of information sent to them Information sent to specific sectors will
always be sent to the lead paid staff
STANDARD TERMS OF AWARD
1) This grant is subject to the Terms and Conditions, included directly, or incorporated by reference on
the Notice of Award (NoA) Refer to the order of precedence in Section III (Terms and Conditions)on the
NoA.
2) The grantee organization is legally and financially responsible for all aspects of this grant, including
funds provided to sub-recipients, ie contracts
Page-5
1
3) Grant funds cannot be used to supplant current funding of existing activities. Under the HHS
Grants Policy Directives, 1 02 General-- Definition Supplant is to replace funding of a recipient's existing
program with funds from a Federal grant
4) Accounting Records and Disclosure Grantees and sub-recipients must maintain records which
adequately identify the source and application of funds provided for financially assisted activities These
records must contain information pertaining to grant or subgrant awards matching funds and in-kind
support,and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures,
and income The grantee, and all its sub-recipients, should expect that SAMHSA, or its designee, may
conduct a financial compliance audit and on-site program review of grants with significant amounts of
Federal funding
5) All actions that require prior approval must be submitted in writing to the GMO When submitting
requests, please include grant number, Protect Director,the authorized institutional(grantee) official's
name, title and institution, telephone number, fax number and e-mail address The mailed/faxed request
must bear the signature of an authorized business official of the grantee organization as well as the project
director. It is understood that the transmission of electronic prior approval requests is a clear expression of
institutional approval and that all internal procedures have been properly completed Additionally, the
grantee will be responsible for any internal distribution of the request.
Approval of the request may be granted by the GMO in the form of a revised NOA. No other written or oral
approval should be accepted and will not be binding on SAMHSA
Any replacement of, or substantial reduction in effort of the Program Director(PD)or other key staff
of the grantee or any of the sub-recipients requires the written prior approval of the GMO The GMO must
approve the selection of the PD or other key personnel, if the individual being nominated for the position
had not been named in the approved application, or if a replacement is needed should the incumbent step
down or be unable to execute the position's responsibilities A resume for the individual(s) being nominated
must be included with the request Key staff(or key staff positions, if staff has not been selected) are listed
below
Stacy Judd, Project Director @ 90%level of effort
Sara Wood, Program Coordinator @ 5% level of effort
* Budget revisions of a substantial nature (usually over 25% of the approved budget), changes in a
contract, and/or changes in indirect costs require prior approval from the GMO
* A no-cost extension of the project requires prior approval by the GMO This action is warranted
only in the last year of the project, The request must be submitted 90 days prior to the end of the project
period
6) Where a conference is funded by a grant or cooperative agreement the recipient must include the
following statement on all conference materials (including promotional materials, agenda, and Internet
sites)-
Funding for this conference was made possible(m part) by (insert grant or cooperative agreement award
number)from ONDCP and SAMHSA The views expressed in written conference materials or publications
and by speakers and moderators do not necessarily reflect the official policies of the Office of National Drug
Control Policy or the Department of Health and Human Services, nor does mention of trade names,
commercial practices, or organizations imply endorsement by the U.S Government
7) A notice in response to the President's Welfare-to-Work Initiative was published in the Federal Register
on May 16, 1997 This initiative is designed to facilitate and encourage grantees and their sub-recipients to
hire welfare recipients and to provide additional needed training and/or mentoring as needed The text of
the notice is available electronically on the OMB home page at www.whitehouse gov/omb/fedreg/omb-
not html
This award is subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of
2000, as amended (22 U S C 7104) For the full text of the award term, go to
http Hsamhsa gov/grants/trafficking aspx
Page-6
8) Grantees must comply with the requirements of the National Historical Preservation Act and EO 13287,
Preserve America The HHS Grants Policy Statement provides clarification and uniform guidance
regarding preservation issues and requirements (pages 1-20, Preservation of Cultural and Historical
Resources") Questions concerning historical preservation, please contact, Mike Daniels, SAMHSA
Federal Preservation Coordinator at mike daniels@samhsa hhs gov or 240-276-0759
9) If federal funds are used by the grantee to attend a meeting, conference, etc and meal(s) are provided
as part of the program, then the per diem applied to the Federal travel costs (M&IE allowance) must be
reduced by the allotted meal cost(s)
10) Upon further review, changes in policy and/or changes in program guides grantee may be asked to
revise the budget
All other previous Terms and Conditions attached to the original award notice remain in effect
REPORTING REQUIREMENTS:
All reporting requirements in the original award notice remain in effect with the following date changes
* The DFC Semi-Annual Progress Reports May 10, 2011 and November 10, 2011
* Annual Coalition Classification Tool Nov 10, 2010
* The Financial Status Report (FSR) December 28, 2011
* Federal Financial Report(SF425)-Cash Reconciliation portion is due 30 days after the end of
each fiscal quarter. To access the information and review the exact due dates go to www dpm.psc.gov.
A-133 audit report change in filing process Audit reports for both SAMHSA and other HHS awards with
fiscal periods ending on or after January 1, 2008 shall be submitted online via
http//harvester census gov/sac/. Audit reports with fiscal periods ending in 2002-2007 must be mailed to
the address shown below
Federal Audit Clearinghouse
Bureau of the Census
1201 E 10th Street
Jeffersonville , IN 47132
INDIRECT COSTS-
If grantees want to claim indirect costs, they must submit a current indirect cost rate agreement, otherwise, r
all costs should be charged as direct costs. If you wish to establish an indirect cost rate agreement contact
the appropriate regional office of the Division of Cost Allocation to begin the process for establishing an
indirect cost rate To find a list of HHS Division of Cost Allocation Regional Offices go to www.samhsa gov/
grants/contact aspx
SAMHSA will not accept a research indirect cost rate The grantee must use other-sponsored program rate
or lowest rate available
Failure to comply with the above stated Terms and Conditions and reporting requirements may result in
suspension, classification as High-Risk,termination of this award or denial of funding in the future
Page-7
CONTACTS
Barbara Howes, Program Official
Phone (240)276-2547 Email barbara howes@samhsa.hhs gov
Twin Morales, Grants Specialist
Phone (240)276-1425 Email erwin.morales@samhsa hhs gov Fax (240)276-1430
Page-8
Kent City Council Meeting
Date October 19, 2010
Category Consent Calendar - 70
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION MINI-GRANT -
ACCEPT
2. SUMMARY STATEMENT: Accept funds from the Washington Traffic Safety
Commission, establish the budget, authorize expenditure of the funds in
accordance with the grant agreement, and authorize the Mayor to sign all
necessary grant documents. The funds will be used to purchase equipment for
the South King County Target Zero Manager to support traffic safety programs.
This funding is provided on a reimbursement basis.
3. EXHIBITS: Award email dated 9/18/10 from WTSC and Request letter dated
9/16/10 from Kent Police Department
4. RECOMMENDED BY: Public Safety Committee 10/12/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Y Revenue? Y
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
iFrom: Drake, Lynn (WTSC) [mailto:ldrake@WTSC.WA.GOV]
Sent: Saturday, September 18, 2010 7:03 PM
To: Velez, Cesi
Subject: RE: expenditures
Hi Cesi, I will be out of the office until Wednesday, so please accept this email as your apporbval to purchase the items
you havge outlinned in your letter. Your agency is approved for expenses not to exceed $2,500 All requirements of past
approvals are to be applied to this purchase You will need to order and recieve the equipment no later than September
30, 2010 and submit for reimbursement no later than November 15, 2010 WTSC will not honor reimbursement requests
Irecieved after November 15, 2010 THANKS FOR ALL YOU DOIIII Lynn
4
1
1
1
1
Kent Police Department
Steve Strachan
Nszr Chief of Police
K E N T 220 4th Avenue South
www ci kent wa us Kent, WA 98032
Fax: 253-856-6802
Phone: 253-856-5800
September 16, 2010
Washington Traffic Safety Commission
Attn: Lynn Drake, Program Manager
PO Box 40944
Olympia, WA 98504
Re: Request for funding
Dear Ms. Drake:
I am writing in hopes of acquiring the necessary funding to purchase the list of items
(below) These items will be used for efforts made by myself, the South King County Target
Zero Manager, to support traffic safety programs
The Target Zero Teams project requires additional time and resources as it is only occurring
in Pierce, Snohomish and King County; and it is in addition to my regular traffic safety
programs and coordination of emphasis patrols. The items will be utilized for our Kent
Traffic School classes whose curriculum aligns with Washington's Target Zero Highway
Safety Plan priorities. Community events and presentations have proven to be a reliable
method of communicating traffic messages to the public and this equipment will also aid in
those efforts.
• P.A./Karaoke system = $349 ,
http.//www.ka raokewh.com/item_details.cfm/ProdID/12512-karaoke.html
• (2) Hand truck @ $89.95 each = $179.90
http•//www.handtrucksrus com/crashdetail.aspx7ID=371&cx=rwm
• HP Probook 6550E Notebook = $1,215.00 plus tax
• Projector = $600.00
Thank you for your consideration.
Sincerely,
Cesi Velez
Kent Police, Public Education Specialist
Target Zero Manager - South King County
City of Kent Police Department- Nationally Accredited Police Agency
1
Kent City Council Meeting
Date October 19, 2010
ICategory Consent Calendar - 7P
1. SUBJECT: VALLEY NARCOTICS ENFORCEMENT TEAM INTERLOCAL
COOPERATIVE AGREEMENT ADDENDUM NO. ONE - APPROVE
1 2. SUMMARY STATEMENT: Authorize the Mayor to sign Addendum No. One of
the Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team.
The agreement titled, "Interlocal Cooperative Agreement between Auburn,
Federal Way, Kent, Renton, Tukwila and the Port of Seattle, for the Valley
Narcotics Enforcement Team" established a multi-jurisdictional team (VNET).
Addendum No. One adds the City of Seattle as a full member of the Team. VNET
provides services for all the participating agencies, increased safety for officers
and the community, and improved cost effectiveness.
The minimum term of the Agreement shall be one year, effective upon the date of
the last signature. This Agreement shall automatically extend for consecutive one
year terms until terminated pursuant to the terms of this Agreement.
3. EXHIBITS: Interlocal Cooperative Agreement
4. RECOMMENDED BY: Public Safety Committee 10/12/10
(Committee, Staff, Examiner, Commission, etc.)
' 5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
ICurrently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
■
DISCUSSION:
ACTION:
g
i
ADDENDUM NO. ONE
ADDENDUM TO INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, THE PORT OF
SEATTLE AND SEATTLE, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM
THIS ADDENDUM is made and entered into this day of
2010, by and between the cities/municipalities of Auburn, Kent, Renton, Tukwila, Port of
Seattle, Federal Way and Seattle. municipal corporations of the State of Washington, as
an addendum to the Agreement between the cities/municipalities of Auburn, Kent, Renton,
Tukwila, Port of Seattle, and Federal Way for the Valley Narcotics Enforcement Team
executed on the day of , 20 , pursuant to the Interlocal
Cooperation Act, Chapter 39 34 of the Revised Code of Washington (RCW).
WITNESSETH:
WHEREAS, the cities/municipalities of Auburn, Kent, Renton, Tukwila, Port of
Seattle, and Federal Way joined together to form the Valley Narcotics Enforcement Team
as a multi-jurisdictional team to effectively investigate and enforce the laws relating to
controlled substances , and,
WHEREAS, since the Valley Narcotics Enforcement Team was established, the City
of Seattle expressed its interest and intent on joining as a full member of the Team; and,
WHEREAS, consistent with the purposes and objectives for which the Valley
Narcotics Enforcement Team was formed, it is advantageous to include the City of Seattle
as a full member of the Team
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, the PARTIES HERETO HEREBY AGREE as follows:
1 ITEM ONE REVISION TO THE VALLEY NARCOTICS ENFORCEMENT TEAM
INTER LOCAL AGREEMENT GENERALLY- That the Valley Narcotics Enforcement Team
Interlocal Cooperative Agreement is amended to read as follows
Whenever and wherever the Valley Narcotics Enforcement Team Interlocal
Cooperative Agreement indicates and lists the parties to the Agreement, the parties shall
hereafter include Auburn, Federal Way, Kent, Renton, Tukwila, the Port of Seattle and
Seattle.
ITEM TWO REVISION TO ARTICLE XVIII NOTIFICATION OF CLAIMS AND
LAWSUITS: That Article XVIII of the Interlocal Cooperation Agreement is amended to add
(in addition to the names and identifying information already listed and entitled to
notification) the following.
Page 1
i
Seattle:
Seattle City Attorney
600 4th Avenue, 4th Floor
PO Box 94769
Seattle, WA 98124-4769
Phone. (206) 684-8200
TTY Phone (206) 233-7206
FAX (206) 684-8284
Seattle Police Chief
610 Fifth Avenue
P.O. Box 34986
Seattle, WA 98124-4986
ITEM THREE REMAINING TERMS UNCHANGED- That all other provisions of the ■
Interlocal Cooperation Agreement between the parties for the Valley Narcotics Enforcement
Team executed on the day of , 20 , pursuant to the
Interlocal Cooperation Act, Chapter 39 34 of the Revised Code of Washington, shall remain
unchanged, and in full force and effect
ITEM FOUR FILING
Upon execution hereof, this Addendum shall be filed with the city clerks of the
respective participating municipalities, and such other governmental agencies as may be
required by law.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Page 2
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Date i At Mayor, City of Renton D to City Attorney,to y, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
i
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date
Mayor, City of Seattle Date City Attorney, City of Seattle Date
City Clerk, City of Seattle Date
Page 3
June 17,2009
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND
THE PORT OF SEATTLE, FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
I. PARTIES
The parties to this agreement are the cities of Auburn, Kent, Renton, Tukwila,
Port of Seattle, and Federal Way.
The Valley Narcotics Enforcement Team is assigned to the Drug
Enforcement Administration (DEA) Task Force.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08
of the Revised Code of Washington.
III. PURPOSE
The parties desire to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the laws relating to controlled substances.
jIV. FORMATION
There is hereby established a multi-jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team ("VNET"), the members of which
shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal
Way. VNET has been in existence for some time and this Agreement
establishes an Inter-local Agreement between the listed jurisdictions. The future
admission or elimination of a jurisdiction as a member of VNET may be
accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
The municipalities within the Puget Sound area have experienced an
increase in urbanization, and in population densities. The ability to address drug
abuse and the crimes associated to controlled substances has stretched the
resources of individual police department specialty units.
Law enforcement efforts directed at dealing with narcotic issues have, for the
most part, been conducted by law enforcement agencies working independently.
A multi-jurisdictional effort to handle specific and complicated narcotic
investigations will result in more effective pooling of personnel, improved
utilization of funds, reduced duplication of equipment, improved training,
development of specialized expertise, and increased utilization/application of a
combined narcotic enforcement team. The results will be improved services for
all of the participating entities, increased safety for officers and the community,
and improved cost effectiveness.
1
Valley Narcotics Enforcement Team - Interlocal Agreement- 1
r
June 17,2009
VI. TEAM OBJECTIVES
The assigned personnel from each participating agency will form a combined
investigation team ("Team") through VNET. Each Police Officer is assigned to
the Team via this agreement, and to DEA through individual agreements with
DEA. VNET shall also be available to outside law enforcement agencies as
outlined under mutual aid and as approved by DEA.
The objective of the VNET shall be to provide enhanced and more efficient
use of personnel, equipment, budgeted funds, and training. The combined
Team or individual detectives shall respond as able and as approved by the
DEA Supervisor when requested by any of the participating agencies.
VII. DURATION/TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its
adoption. This Agreement shall automatically extend for consecutive one (1)
year terms without action of the legislative bodies of the participating
jurisdictions, unless and until terminated pursuant to the terms of this
Agreement.
A jurisdiction may withdraw its participation in VNET by providing written
notice of its withdrawal, and serving such notice upon each Executive Board
member of the remaining jurisdictions. A notice of withdrawal shall become
effective ninety (90) days after service of the notice on all participating members.
The VNET may be terminated by a majority vote of the Executive Board. Any
vote for termination shall occur only when the police chief of each participating
jurisdiction is present at the meeting in which such vote is taken.
In the event that VNET withdraws its participation in the DEA Task Force,
this agreement will remain in effect as VNET operates independently as it has
done in the past.
Vill. GOVERNANCE
The affairs of the VNET shall be governed by an Executive Board whose
members are composed of the police chief, or his/her designee, from each
participating jurisdiction. A presiding officer shall be elected by the Board to
serve as Chair. Each member of the Board shall have an equal vote and voice
on all Board decisions. All Board decisions shall be made by a majority vote of
the Board members, or their designees, appearing at the meeting in which the
decision is made. A majority of Board members, or their designees, must be
present at each meeting for any actions taken to be valid.
The Board shall meet monthly, unless otherwise determined by the Board.
The presiding officer, or any Board member, may call extra meetings as deemed
appropriate The Chair shall provide no less than forty-eight (48) hours notice of
all meetings to all members of the Board; PROVIDED, however, that in
emergency situations, the Chair may conduct a telephonic meeting or a poll of
individual Board members to resolve any issues related to such emergency.
Valley Narcotics Enforcement Team - interlocal Agreement-2
June 17,2009
IX. STAFF
The following Staff shall serve at the pleasure of the Board. Staff may be
removed for any reason by majority vote of the Board.
Team Supervisor: A Team Supervisor with the rank of Sergeant or equivalent
from his/her respective agency shall be appointed by the Board. The VNET
Supervisor shall act as the first level supervisor for the team and shall report
directly to the VNET Chair.
Office Manager: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is responsible
for unit accounting, reports, office support, and other duties as appropriate.
Attorney: An attorney shall be a member of the Team. The King County
Prosecutor's Office shall select and interview candidates and make a
recommendation to the Executive Board. The Executive Board will make the �!
selection after considering the recommendation. The attorney will be responsible
for reviewing and filing cases, wire orders, search warrants, the prosecution of
forfeiture cases, and other services as needed.
VNET Detectives: Each agency shall contribute one (1) full-time
commissioned officer to the Team.
Employees of Contributing Jurisdictions: The personnel assigned to the (1
Team shall be considered an employee of the contributing agency. That agency
shall be solely and exclusively responsible for the compensation and benefits for
that employee. All rights, duties, and obligations of the employer and the
employee shall remain with that individual agency. Each agency shall be
responsible for ensuring compliance with all applicable laws with regard to
employees and with provisions of any applicable collective bargaining
agreements and civil service rules and regulations.
In cases where the DEA procedures do not apply, each individual will follow
the General Orders as specified by the home agency.
X. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating
1 VNET Detectives. Each jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating VNET Detectives. Each jurisdiction shall provide sufficient funds to
provide for training of its participating VNET Detectives.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in the VNET shall be equal to those provided by the other
participating jurisdictions.
Valley Narcotics Enforcement Team - Interlocal Agreement-3
June 17,2009
The Board shall be responsible for purchasing VNET equipment. Property
purchased using VNET funds or forfeited property shall remain the property of
the VNET unless the Board transfers it to a participating jurisdiction. The Board
will insure a record of the transaction is maintained The Board must approve
any joint capital expenditure for VNET equipment of $1,500.00 or more.
Approval for capital expenditures of less than $1,500.00 may be authorized by
the VNET Chair. ,
XI. FINANCIAL REQUIREMENTS
VNET utilizes a Fiscal Agent for all account transactions and accounting.
One of the participating jurisdictions will fulfill the responsibility of Fiscal Agent.
The VNET operating budget relies primarily on three (3) funding sources:
State and Federal Grants, the participating agencies, and the VNET assets
forfeited at the state and federal levels.
Federal Grant funds are administered by the state and follow the state
budget cycle of July 1 through June 30 of the following year. VNET shall
request monthly reimbursements of expenses until the awarded amount is
exhausted. Once the Federal Grant has been exhausted, forfeited assets will be
used to pay expenses for the remainder of the budget cycle.
VNET shall prepare a budget each year that estimates the grant funds
available, and each participating agency shall provide VNET with the annual
cost to assign an officer or other approved personnel to the unit An agency's
annual contribution is then divided by twelve (12) and credited towards the
monthly salary and benefits of the agency's participating personnel. All other
expenses are paid for by VNET utilizing either Grant funds or forfeited assets.
The Board shall agree upon a date each year by which time it will notify the
participating agencies of each agencies' expected contribution.
The DEA contribution to VNET includes providing office space, storage
space, parking, and phone service at no cost.
XII. DISTRIBUTION OF SEIZURE FUNDS
The VNET Board provides oversight of seized and forfeited assets via the
Fiscal Agent. Forfeited assets may be distributed to participating agencies when
deemed appropriate by the Board. The Board will endeavor to maintain
adequate financial resources to fund ongoing operations of the VNET.
XIII. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of the VNET, each participating jurisdiction shall retain sole
ownership of the equipment purchased and provided to its participating VNET
members.
Any assets acquired with joint funds of the VNET shall be equally divided
among the participating jurisdictions at the asset's fair market value upon
termination. The value of the assets of the VNET shall be determined by using
commonly accepted methods of valuation. If two (2) or more participating
Valley Narcotics Enforcement Team - Interlocal Agreement-4
June 17,2009
jurisdictions desire an asset, the final decision shall be made by arbitration
(described below). Any property not claimed shall be declared surplus by the
Board and disposed of pursuant to state law for the disposition of surplus
property The proceeds from the sale or disposition of any VNET property, after
payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the VNET at the time of
dissolution. In the event that one (1) or more jurisdictions terminate their
participation in the VNET, but the VNET continues to exist, the jurisdiction
terminating participation shall be deemed to have waived any right or title to any
property owned by the VNET or to share in the proceeds at the time of
dissolution.
Arbitration pursuant to this section shall occur as follows:
a The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the VNET upon dissolution shall meet to determine who
the Arbitrator will be. The Arbitrator may be any person not employed
by the jurisdictions that desire the property.
b. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written presentation
to the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine•
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or review
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the
VNET without the threat of being subject to liability to one another and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected
with VNET actions that are brought against the jurisdictions. To this end, the
participating jurisdictions agree to equally share responsibility and liability for the
j acts or omissions of their participating personnel when acting in furtherance of
this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The
jurisdictions shall share equally regardless of the number of jurisdictions named
in the lawsuit or claim or the number of officers from each jurisdiction named in
the lawsuit or claim. This section shall be subject to the conditions and
limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved In VNET Response. In the event that a
jurisdiction or its personnel were not involved in the VNET response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of a particular
jurisdiction or its personnel, such jurisdiction shall not be required to
share responsibility for the payment of the judgment or award.
Valley Narcotics Enforcement Team - Interlocal Agreement- 5
June 17, 2009
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification
or sharing in the payment of any judgment against any VNET personnel
for intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the 1
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VNET members available for depositions, discovery, settlement
conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed
to trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with
the terms of the settlement. Any settlement made by an individual
jurisdiction without the agreement of the remaining jurisdictions, when
required, shall not relieve the settling jurisdiction from paying an equal
share of any final settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
Valley Narcotics Enforcement Team - Interlocal Agreement- 6
June 17,2009
G. Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
XV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating
jurisdiction or its employees for actions arising out of their conduct in support of
VNET operations, the jurisdiction shall promptly notify the other jurisdictions that
the claim or lawsuit has been initiated Any documentation, including the claim
or legal complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
section XVI of this Agreement, to be defended and held harmless by another
I participating jurisdiction, the jurisdiction having the right to be defended and held
harmless shall promptly tender the defense of such claim or lawsuit to the
jurisdiction that must defend and hold the other harmless.
XVI. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VNET activities. The lead jurisdiction shall be the jurisdiction within
which the VNET response occurred; PROVIDED, that in the event the
jurisdiction within which the VNET response occurred did not participate
in the VNET response, the lead jurisdiction shall be the jurisdiction within
which the incident that required the VNET response originated. In the
event that a jurisdiction that was not involved in the VNET response
receives the claim, that jurisdiction shall notify the other jurisdictions in
accordance with Section XVII of this Agreement, and shall use its best
efforts to determine who is the appropriate lead jurisdiction.
B. Assistance of VNET Supervisor.
The VNET Supervisor shall assist the lead jurisdiction in responding to a
claim. The VNET Supervisor shall be responsible for gathering all
records relating to the VNET response. These records shall include, but
are not limited to, incident reports, notes, transcripts, photos, evidence
logs, recorded statements, documents from emergency dispatch centers,
and warrants from all jurisdictions that participated in the VNET response.
The VNET Supervisor shall also provide a list of personnel who
participated in the response and their contact information. The VNET
1 Supervisor shall deliver all copies of the records to the lesd �uris fiction
promptly upon request.
Valley Narcotics Enforcement Team - Interlocal Agreement-7
June 17,2009
C. Claims of$5,000 or Less.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Supervisor to gather records relating to the VNET response. The
lead jurisdiction shall provide records to its insurance provider and
shall assist its insurance provider in assessing liability for acts
associated with the claim. The lead jurisdiction shall notify the
other jurisdictions of any determinations as to liability. In
determining whether a claim should be paid, the lead jurisdiction
and its insurance provider shall, at a minimum, consider the
potential legal defenses to the claim and the costs of defending the
claim.
III. Liability Determination — Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VNET is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and/or the
VNET. In the event the lead jurisdiction determines that payment
of a claim is appropriate, such determination shall be final and
binding upon other jurisdictions and payment shall be apportioned
equally among all jurisdictions that participated in the VNET
response. The insurance provider for the lead jurisdiction shall
provide full payment to the claimant, and each jurisdiction that
participated in the response shall reimburse the insurance provider
for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VNET and each and every
officer, agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VNET is not
liable for damages set forth in a claim or that the payment of the
claim would not be in the best interest of the jurisdictions and/or
the VNET, the lead jurisdiction shall notify the other jurisdictions of
the determination, and such determination shall be binding on the
other jurisdictions; PROVIDED, that another jurisdiction that
determines that payment is appropriate may pay such claim in full,
and shall not seek reimbursement from the other participating
jurisdictions.
Ill. Letter From Insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
jurisdictions with a letter stating the determination and the bases
for such determination.
Valley Narcotics Enforcement Team - Interlocal Agreement-8
June 17,2009
D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VNET to discuss the claim and to determine the
appropriate manner in which to respond and/or defend the claim.
The Board and persons listed in Section XVII of this Agreement
shall be notified of the meeting.
XVII. PROCESSING OF LAWSUITS. I
A. Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XVII of this Agreement
I
IB. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
i with all of the jurisdictions participating in the VNET to discuss the lawsuit
and to determine the appropriate manner within which to respond and/or
defend the lawsuit. The Board and persons listed in Section XX of this
Agreement shall be notified of the meeting.
XVIII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XVI I of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4 96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction shall not
be deemed compliance with the requirement that a party who files suit against a
jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96
RCW. Moreover, nothing in this Agreement shall be deemed acceptance of
service of a lawsuit, and the fact that a participating jurisdiction provides notice
or copies, of a lawsuit to another jurisdiction shall not be deemed adequate
service of such lawsuit in accordance with the State or Federal Rules of Civil
Procedure or the Revised Code of Washington.
For the purposes of implementing Section XVII of this Agreement, the
I following persons from each jurisdiction shall receive any required notification or
documentation:
I
Valley Narcotics Enforcement Team - Interlocal Agreement-9
June 17,2009
Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3030 (253) 856-5781
Auburn Police Chief Kent Risk Manager
101 N. Division 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3080 (253) 856-5285
Auburn Human Resources Kent City Clerk
Director/Risk Manager 220 4th Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856-5728
(253) 931-3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032 j
(253) 931-3039 (253) 856-5888
Federal Way:
Federal Way City Clerk
P O. Box 9718
Federal Way, WA 98063
Federal Way City Attorney
P.O. Box 9718
Federal Way, WA 98063
Renton:
Renton Risk Manager
1055 So Grady Way
Renton, WA 98057
Port of Seattle: CIAW
Port of Seattle Claims Manager Director of Claims
P.O. Box 1209 Canfield & Associates, Inc.
Seattle, WA 98111 451 Diamond Drive
Ephrata, WA 98823
Tukwila: WCIA:
City Clerk Claims Manager
City of Tukwila WCIA
6200 Southcenter Blvd. P.O. Box 1165
Tukwila, WA 98043 Renton, WA 98057
Valley Narcotics Enforcement Team - Interlocal Agreement- 10
June 17, 2009
XIX. COMPLIANCE WITH THE LAW
The VNET and all its members shall comply with all federal, state, and local
laws that apply to the VNET.
XX. ALTERATIONS
This agreement may be modified, amended, or altered by agreement of all
participating agencies and such alteration, amendment, or modification shall be
effective when reduced to writing and executed in a manner provided for by this
agreement.
It is recognized that during the course of operations, it may become
necessary to alter the terms of this Agreement to provide for efficient operation
of the VNET and to meet the goals of the VNET. It is further recognized that the
Board has the expertise necessary to provide for the efficient operation of the
VNET. To that end, the jurisdictions agree that changes may be made to this
Agreement, or addendums added to this Agreement, without prior approval of
the legislative bodies of the jurisdictions on the condition that such changes or
addendums shall be effective only by a unanimous vote of all members of the
Board.
XXL`;.• RECORDS
Each agency shall maintain records relating to work performed by its
employees assigned to the VNET when operating outside DEA operations. The
VNET office manager shall maintain records ;relating to the operation of the
VNET to the extent required by law. All -records shall be available for full
inspection and copying by each participating jurisdiction.
XXII. FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of
the respective participating municipalities, and such other governmental
agencies as may be required by law.
XXIII. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be
invalid by any court of competent jurisdiction, such adjudication shall not affect
the validity of any remaining section, part, or provision of this Agreement.
XXIV. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction
by its duly authorized representative and pursuant to an appropriate resolution
or ordinance of the governing body of each participating jurisdiction. This
Agreement shall be deemed effective upon the last date of execution by the last
so authorized representative. This Agreement may be executed by counterparts
and be valid as if each authorized representative had signed the original
document.
Valley Narcotics Enforcement Team - Interlocal Agreement- 11
June 17,2009
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date f
City Clerk, City of Auburn Date i
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Mayor, City of Renton Date City Attorney, City of Renton Date
v.
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date i
City Clerk, City of Tukwila Date I
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date
Valley Narcotics Enforcement Team - Interlocal Agreement- 12
rREPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
' E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
I
G. PUBLIC WORKS COMMITTEE
iH. ADMINISTRATION
1
r
REPORTS FROM SPECIAL COMMITTEES
1
KENT
WASNINOTON
OPERATIONS COMMITTEE MINUTES
' September 21, 2010
Committee Members Present: Debbie Raplee, Jamie Perry, Les Thomas (Chair).
IThe meeting was called to order by Thomas at 4:04 p.m.
1. APPROVAL OF MINUTES DATED AUGUST 17, 2010
D Raplee moved to approve the Operations Committee minutes dated August 17, 2010. J
Perry seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED AUGUST 15, 2010 AND AUGUST 31, 2010
AND SEPTEMBER 15, 2010.
J Perry moved to approve the vouchers dated August 15 and August 31, 2010. D Raplee
jseconded the motion, which passed 3-0.
3. I MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE
THE BOND ORDINANCE TO ISSUE THE $1.2 MILLION IN QUALIFIED
ENERGY CONSERVATION BONDS FOR THE HVAC IMPROVEMENTS AT THE
RIVER BEND GOLF COURSE AND AUTHORIZE THE MAYOR TO EXECUTE ALL
NECESSARY DOCUMENTS
The Administration has applied for an allocation of Qualified Energy Conservation Bonds for
the HVAC improvements at the River Bend Golf Course. These bonds will be issued as
taxable bonds at a rate of 4 67% and are eligible for a subsidy of 65% of the interest cost
paid by the US Treasury. This will make the effective rate paid by the City 1.63%.
The upgrade of this HVAC system should save approximately $17,000 annually. Remaining
funds in this enterprise will be used for capital improvements at the golf course.
D Raplee recommended that council move to recommend that the Operations
Committee authorize the Bond Ordinance to issue the $1.2 million in Qualified
Energy Conservation Bonds for the HVAC improvements at the River Bend Golf
Course and authorize the Mayor to execute all necessary documents. ] Perry
seconded the motion, which passed 3-0.
4. PERMIT FEE STUDY RECOMMENDATION (INFORMATION ONLY)
A permit fee study was a directive from the Council 2010 Adjusted Budget discussion. It
has been approximately four years since development permit fees have been adjusted.
L Historically, the fees have been set by comparing with other cities, not "fee supported".
What this creates is a gap between revenue generated and cost of service.
Discussed were three proposed options for adjusting the permit fees, one being a
comprehensive fee study. It is Administration's feeling that any increase of fees should be
based on value of service to the applicant Some measures have already been taken. Fred
gave council a sample of a building permit application while he explained its purpose and
assurance to the applicant.
There was further discussion regarding "value" of service and hourly versus flat rate. An
analysis has not been done to determine how much time a process takes. D Raplee and L
Thomas commented they feel this is not the right time to increase permit fees.
2
Operations Committee Minutes
September 21, 2010
Page: 2
Ben Wolters, Economic and Community Development Director Joined the discussion t
regarding improvements current and future, which includes the SMART process, and fee
structure of hourly versus flat rate. Ben does not want Kent to get the reputation for being
fee heavy. He further noted a software program will be implemented in the next eight
months that will track fee processes. This will allow the department to track the time of
processes D Raplee commented that if the database will show the information needed, that
the permit fee study is premature and we wait until we have results from the software.
Public comment was submitted by Garret Huffman, South King and Seattle Manager of the
Master Builders Association He spoke in opposition of the hourly rate, providing examples
of other cities and private lending institutions current lending practices.
Council's directive is to not do a comprehensive study and revisit after they receive results
from the software.
5. JULY SUMMARY FINANCIAL REPORT (INFORMATION ONLY)
Finance Director Bob Nachlinger provided a brief overview of the July 2010 Budget
Summary. Revenues are holding up Net increase in the budgeted ending balance of over
1/2 million dollars. Bob commented that August/September reports should show an increase
in revenue with back to school sales
The meeting adjourned at 5:02 p.m. by L Thomas.
Lr/.�
Pam Clark
Operations Committee Secretary
400
KEN
WASHINGTON
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
July 12, 2010
Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Elizabeth
Albertson has an excused absence. Chair Perry called the meeting to order at 5.04
p.m.
1. APPROVAL OF MINUTES r'
Ranniger MOVED and Perry SECONDED to approve the amended June 14
10, 2010 Minutes. Motion PASSED 3-0 with Albertson's concurrence.
2. Economic Development Update
Economic Development Manager Kurt Hanson gave an update on the FAA project.
General Services Administration (GSA) has asked for a 90 day delay prior to issuing
I the RFP, which will also delay their site selection. It is suspected the RFP process
will create a short list of properties. Ranniger asked about the flood issue. Kent
has a plan in place that prior to any development scenario the site will be raised
above and beyond the base flood elevation (BFE). There will not be any flood
issues at the site. The majority of Kent's downtown is high and dry.
The Harrison Street Building (former Penny's Building) on Harrison and Meeker has
been getting a lot of Interest. An office user is looking at It and has hired a
contractor. The tenant will bring 34 professional office Jobs which only occupancy
10,000 sq ft or half the building.
Valley Cities is moving ahead to development the whole second floor. This will
bring 54 Jobs in September. Between the two projects it brings 88 Jobs to
downtown.
A local brew pub is looking at expanding to a more traditional use facility with food
and regular hours and would like to locate downtown, more to come on this.
The Post Office has an offer which was made about month ago. They had 400
facilities sold nationwide so the paper work Is taking longer to close. The investor
is looking at a couple of uses downtown that would be great, more to come on this
in a couple of weeks.
Hampton Inn hopes to open this weekend. The operator will be working through the
Chamber to do an official ribbon cutting and the information will be sent out to the
Council. Many of the new rooms have small offices with WIFI connectivity for the
business travelers they are targeting.
ECDC Minutes
July 12, 2010
Page 1 of 3
The recruitment for the new Economic Development Specialist position opened
today. Interviews are target for end of August.
3. Envision Midway
Long Range Planner Gloria Gould-Wessen gave an update on Envision Midway.
Early in 2008, the Cities of Kent and Des Moines began a collaborative planning
effort called Envision Midway along Pacific Highway South, where Sound Transit
plans to extend Link Light Rail service. Envision Midway was designed to assist
Kent and Des Moines develop subarea or neighborhood plans and implementation
strategies. The effort was supported by funding from a State of Washington
Department of Commerce Competitive Growth Management Act Planning Grant.
Staff briefed the City Council on the project in workshops on February 12, 2009 and
again on August 18th. A joint Economic & Community Development Committee
(a.k.a. Planning & Economic Development Committee) meeting with Des Moines
Finance & Economic Development Committee was held on January 12, 2009 The
Land Use & Planning Board held workshops and initial public hearings in late 2009
and early 2010 on a subarea plan, design guidelines and development standards.
The Board anticipates final public hearings and a recommendation within the next
couple of months. Envision Midway engaged the surrounding communities, selected
stakeholders and developers. The public outreach is the backbone for the Midway
Subarea Plan and implementation. The Midway Subarea Plan (the Plan) reflects the
possibilities for an area that will be changing.
Committee member Ranniger asked link-light rail location was still unclear. Are we '
moving forward too fast with a plan which could change if link-light rail moves the
location? Ms Gould-Wessen stated Sound Transit will start the analysis in 2011 and
they will be looking at a corridor somewhere between Hwy 99 and I-5. They will be
looking from their last station at 200th to the Tacoma Dome. It has been
determined to place 2 stations somewhere along the corridor. The station at '
Highline Community College has not determined for sure at this time, although
there should be a strong agreement for a station at the Highline Community College
area.
Economic & Community Director Ben Wolters spoke to the station location and the
value of the plan for the City of Kent putting its best foot forward. This along with
the analysis on this subject should booster our case. We will be in competition for a
station to be located in Kent. There are other locations just North of the City of
Kent that the city of Des Moines is very interested in. Kent feels we have a strong
case; the planning will help us make that case. We can move ahead with little
investment to help support and further our case.
ECDC Minutes
July 12, 2010
Page 2 of 3
r
Staff is looking for consideration in Oct and Nov of the Subarea plan, design guide
lines and detailed regulations. Plan Action Ordinance will be at a later time.
Mel Roberts, who is on the Kent Bicycle Advisory Board, spoke to the need for a
safe bicycle boulevard running North and South between the City of Kent and the
City of Des Moines which would provide a safe and well connected bicycle route. He
' will provide a 25 page document describing all these suggestions and ideas to the
Councilmembers.
rBrad Conner thanked everyone for their work on this project.
Bob Pond, Des Moines 20 year resident stated his opposition to the road off of 30cn
r in Des Moines. He does like the link-light path down Hwy 99 and feels a elevated
line would be a better choice.
r A further discussion took place with Ms Gould-Wessen on the area of concern
brought forward by Mr. Pond. She clarified that the proposed road off 30th Is
conceptual at this time. The City of Kent will not be able to move forward without
the City of Des Moines approval. The map in question does not show Sound Transit
link-light station locations, it shows the bus rapid transit stations.
Brad Corner spoke to the location of the 509 plan.
Adiournment
Committee Chair Perry Adjourned the Meeting at 6:19 p.m.
Julie Pulliam, Economic & Community Development
Committee Secretary
P\Planning\ECDC\2010\Minutes\07-12-10_Min Eoc
r
r
r
r
r
ECDC Minutes
July 12, 2010
Page 3 of 3
r
"' KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
September 14, 2010
COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair
The meeting was called to order by Chair Harmon at 5:05 PM.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the August 10, 2010 meeting.
' The motion was seconded by D. Higgins and passed 3-0.
2. Prescription Drug Take Back Day. September 25 — INFO ONLY
Chief of Police Steve Strachan introduced Public Education Specialist Stacy Judd who
presented information on the event to be held at the Kent Police Station.
3. Washington Traffic Safety Commission grant award — ACCEPT and Establish
The Budget
Chief Strachan explained that $18,603.50 has been awarded for DUI emphasis patrols
beginning October 1, 2010 and ending September 30, 2011.
' D. Higgins moved to authorize the Kent Police Department to accept the
Washington Traffic Safety Commission Target Zero grant in an amount not to
exceed $18,603.50 and establish the budget.
The motion was seconded by L. Thomas and passed 3-0.
4. Contract Misdemeanor Diversion Services — INFO ONLY
Deputy City Attorney Pat Fitzpatrick provided information on a diversion program that
may be offered in Kent beginning in the early part of 2011 through a contractor,
Friendship Diversion Services. He stated there currently is no diversion process in the
City of Kent for first time offenders. If the offenders meet certain criteria, choose
voluntary compliance and agree to pay the necessary fees to the contractor, they would
not enter our municipal court system. This would afford the Law Department and the
Municipal Court to give more focus on high impact offenders.
Chair Harmon asked if P. Fitzpatrick would ask another city that is currently utilizing the
the services of this contractor to present their opinion at a future committee meeting.
P. Fitzpatrick stated he will either find another city to attend a meeting or that he will
visit another city to get the information and then report back, possibly to a Council
Workshop.
S. Amend Parking Restrictions - Ordinance— ADOPT
Deputy Chief Mike Painter and Chief Prosecutor Tami Perdue presented information
on the ordinance that affects two-hour parking areas, new parking restrictions
within the City and the monetary penalties associated to the restrictions. M. Painter
thanked T. Perdue and Tammy White for their good work on the parking changes.
L. Thomas recommended Council adopt the proposed ordinance amending
Ch. 9.38 of the Kent City Code to add new parking restrictions within the City,
and to adopt the substantive text of RCW 46.61.570 and RCW 46.61.575 and
increase the assessed monetary penalty from $20 to $50 to allow the City to
recoup more of its actual costs incurred in enforcing those parking provisions.
The motion was seconded by D. Higgins and passed 3-0.
INFO ONLY —
Chief Strachan mentioned that Graffiti Clean Up Day is Saturday, September 18`h, and
that Public Education Specialist Sara Wood has 120 volunteers signed up for the event.
Chief Strachan and Stacy Judd advised the Committee that the Kent Youth Board has
been awarded the 2010 Washington State Substance Abuse Prevention Award in the
category of Exemplary Youth Leadership.
The meeting adjourned at 5:58 PM.
Jo Thompson,
Public Safety Committee Secretary
i
i
1
Public Safety Committee Minutes 2
September 14, 2010
PUBLIC WORKS COMMITTEE MINUTES
Monday, September 20, 2010
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and members Ron Harmon and Dennis Higgins were
present. The meeting was called to order at 4:01 p.m.
ITEM 1 — Approval of Minutes Dated September 13, 2010:
Committee Member Higgins moved to approve the minutes of September 13,
2010. The motion was seconded by Harmon and passed 3-0.
ITEM 2 -Information Only/Street Sweeping - Update:
Kelly Peterson, Environmental Conservation Supervisor stated that the City currently has
a contract with McDonough and Sons, Inc., to sweep streets in the City, the contract
expires at the end of 2010.
Peterson gave an informative PowerPoint presentation highlighting the following:
Current Street Sweeping Schedule
Current Street Sweeping Expenses
Panther Lake Annexation
2011 Street Sweeping
Request for Proposals
Benefits of Street Sweeping
Next steps, Peterson stated that this contract may require a contract extension with the
current contractor.
The street sweeping service helps keep the City stormwater system clean, improves local
drainage issues, improves aesthetics and helps reduce maintenance costs associated with
requirements of the National Pollutant Discharge Elimination System. It is more cost
effective to collect the material with a street sweeper before it enters the stormwater
system.
Information Only/No Motion Required
Item 3 — Information Only/LID 362 East Valley Highway Proiect Report -
Update:
Tim LaPorte, Public Works Director introduced Chad Bieren, City Engineer, Paul Kuehne,
Construction Supervisor and Dave Devine, Senior Construction Inspector. Bieren
highlighted the construction aspects of the East Valley Highway Project showing several
photos of the area and briefly going over the funding for the project stating that the City
was successful in assembling a funding package that included State and Federal grants
(including competitive and stimulus programs) as well as State Transportation
Improvement Board and the Washington State Department of Transportation funding.
The funding package also includes a Local Improvement District (LID).
' Bieren then introduced Paul Kuehne and Dave Devine who went on to explain that this
project was not unlike remodeling an old home. The project included widening the
roadway from SR 167 to S. 212`h Street to seven (7) lanes, new curb, gutter, sidewalks,
streetlights and a new stormwater detention facility and that a good amount of time was
spent notifying the local businesses on what was going on. A brief PowerPoint
presentation showing the East Valley Highway widening Project, before, during and after
was presented. All the infrastructure as they are coming across it is being as-built.
Tom Brubaker, City Attorney stated that in a few weeks this committee will be sitting as
the Board of Equalization for this LID. He took a moment to explain the difference
between the general benefit, to the motoring public and the special benefit to the owners
Page 1 of 2
PUBLIC WORKS COMMITTEE MINUTES
Monday, September 20, 2010
near or adjoining the roadway. Brubaker showed photos that helped illustrate what the
special benefit is for the project.
Information Only/No Motion Required
Additional Items:
Quiet Zone - Tim LaPorte, Public Works Director said that because of strong interest by
the committee on a railroad quiet zone he drove to Tacoma and parked his car adjacent ,
to the Burlington Northern mainline on Schuster Parkway at the Silver Cloud Hotel and
waited for several trains to come by to hear wayside horns in operation. He encouraged
committee members to take a drive out there and listen to them so that they get an idea '
of what the wayside horns sound like from a distance. It was still noisy, but quieter.
He also apprised the committee of the cost for maintenance of the wayside horns, which
would cost approximately $120,000 to maintain the wayside horns in the downtown area
and that an additional one full time employee would be needed to maintain these
significant safety devices At this point it is beyond our ability to maintain the existing
luminaires and that staff is focused on traffic lights at this time.
Mel Roberts, Kent resident and Kent Bicycle Advisory member provided the committee
with two handouts showing alternatives for a bike path along the south side of S 2591h
Street. These handouts included photos of the existing area and photos superimposed
with Roberts' proposals. LaPorte responded that the City is not rebuilding the levees ,
along S. 259th between Vt Avenue and the Union Pacific Railroad. In addition, the grant
that the city received for Horseshoe Levee repair does not include funds for bike path
construction. He thanked Mr. Roberts for his efforts and noted that the City does not
have funds for Roberts' proposal. Additionally the work Roberts proposed is outside the ,
City, it's, in King County.
Adiourned:
The meeting was adjourned at 5:07 p.m.
Next Meeting:
Monday, October 4, 2010 at 4:00 p.m. '
Cheryl Viseth,
Public Works Secretary
Page 2 of 2
i
' EXECUTIVE SESSION
1
1
ACTION AFTER EXECUTIVE SESSION
i
1
1
1