HomeMy WebLinkAboutCity Council Meeting - City Council Meeting - 01/16/2024 (2) Approved
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
January 16, 2024
Date: January 16, 2024
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name itlle= Status Arrived
Dana Ralph Mayor Present
Bill Boyce Council President Present
John Boyd Councilmember Excused
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Toni Troutner Councilmember Present
Zandria Michaud Councilmember Present
3. AGENDA APPROVAL
A. I move to approve the agenda as presented.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
4. PUBLIC COMMUNICATIONS
A. Public Recognition
I. Employee of the Month
Mayor Ralph recognized Brooks Chadderton as the January 2024, employee
of the month.
II. Proclamation for Kent Rotary's 65 Year Anniversary
Mayor Ralph presented the Proclamation for Kent Rotary's 65 Year
Anniversary to members of the Kent Rotary.
III. Proclamation for Human Trafficking Awareness and Prevention
Month
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
Mayor Ralph presented the Proclamation for Human Trafficking Awareness
and Prevention Month to Deputy Andy Conner with the King County Sheriff's
Office. Conner accepted the proclamation and expressed appreciation.
IV. Appointment to the Civil Services Commission
Mayor Ralph requested Council appoint Charlie Mitchell to the Civil Services
Commission.
B. Community Events
Council President Boyce announced upcoming events at the accesso ShoWare
Center.
Councilmember Fincher announced upcoming Spotlight Series events.
C. Public Safety Report
Chief Padilla began his Public Safety Report by announcing the promotions of
Sergeants Matt Levi and Sean Goforth.
End of Year crime statistics were reviewed that included vehicle crimes,
vehicle thefts, vehicle prowls, residential burglaries and commercial
burglaries. Chief Padilla reviewed the trends over the past 5 years through
2023.
Chief Padilla expressed appreciation of the elected officials that testified
today in support of the City's only legislative priority relating to public safety.
Chief Padilla announced the next Coffee with the Chief will be held on
February 291" from 8-10 a.m. at Maggie's on Meeker.
Finally, Chief Padilla indicated that staffing has recently stabilized.
S. REPORTS FROM COUNCIL, ADMINISTRATION AND STAFF
A. Mayor Ralph's Report
Mayor Ralph expressed appreciation of Council President Boyce and
Councilmembers Kaur and Michaud for testifying in Olympia in favor of the
City's public safety legislative priority.
B. Chief Administrative Officer's Report
Chief Administrative Officer Pat Fitzpatrick advised his written report is
included in today's agenda packet.
C. Councilmembers' Reports
Boyce provided a recap of the Operations items that went before the
Committee of the Whole today, along with a recap of today's workshop
topics.
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Page 2 of 7
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
Councilmember Michaud provided a recap on the Parks items that went
before the Committee of the Whole today. Michaud serves on the Law, Safety
and Justice Committee that is contemplating closing youth detention facilities
in King County.
Councilmember Kaur serves on the K4C that recently discussed the current
legislative session and bills the committee is supporting.
Councilmember Larimer serves on the King County Ageing and Disability
Advisory Council that recently hosted a speaker from the UW School of Social
Work and the use of AI to monitor patters of at risk seniors.
Councilmember Troutner provided a recap of the Economic and Community
Development item that went before today's Committee of the Whole.
Troutner announced the PSRFA meeting will be held on January 17t" at the
training center on Central.
Fincher advised the Arts Commission reviewed the City Art Plan for 2024-
2028 and the 2024/2025 Spotlight Series events. Fincher announced the
King Conservation District is continuing election work. Fincher provided a
recap of the Public Works items that went before today's Committee of the
Whole.
6. PUBLIC HEARING
None.
7. PUBLIC COMMENT
Perry Sobolik, a Kent resident provided public comment relating to public
safety and taxation.
David Bunkelman, a Kent resident spoke about pedestrian-related incidents
around Kentridge High School.
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Dec 12, 2023 5:15 PM
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Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
2. City Council Meeting - City Council Regular Meeting - Dec 12, 2023 7:00
PM
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received
through 11/30/23 and paid on 11/30/23, and approve the
checks issued for payroll 11/16/23 - 11/30/23 and paid on
12/5/23, all audited by the Committee of the Whole on
12/18/23.
C. Excused Absence for Councilmember Boyd - Approve
MOTION: I move to approve an excused absence for
Councilmember Boyd for the January 16, 2024, City Council
meeting.
D. Carahsoft Technology Federal General Services Administration
Supply Contract - Authorize
MOTION: I move to authorize the IT Director to purchase
through the General Services Administration federal supply
contract with Carahsoft Technology Corporation, if those
purchases fall within established budgets and are made within
the term of the contract, which is in effect through August 21,
2028, or any extended contract term that may be authorized.
E. Cooperative Purchasing Agreement with Justice Systems
Corporation - Authorize
MOTION: I move to authorize the IT Director to purchase
through a cooperative purchasing agreement the state
Department of Enterprise Services has with Justice Systems
Corporation through July 31, 2028, and any extended contract
term that may be authorized, if those purchases are within the
City's established budgets.
F. Ordinance Amending Chapter 9.02 "Criminal Code" of the Kent
City Code - Adopt
MOTION: I move to adopt Ordinance No. 4482, amending
Chapter 9.02 of the Kent City Code to incorporate new crimes
adopted by the state during the 2023 legislative session.
G. Appointment to the Civil Services Commission - Approve
MOTION: I move to confirm the Mayor's appointment of Charlie
Mitchell to an initial six-year term on the Civil Service
Commission that will begin on May 1, 2024 and expire on April
30, 2030.
H. Kherson Property Purchase - Authorize
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Page 4 of 7
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
MOTION: I move to authorize the Mayor to take all action
necessary and sign all documents required to purchase the
Peyton property located at 308 West Meeker Street, in the
amount of $347,000, plus closing costs, subject with terms and
conditions acceptable to the Parks Director and City Attorney.
9. OTHER BUSINESS
Mayor Ralph provided an introduction of the Sound Transit Rezone
Ordinance.
City Attorney Tammy White advised the Council they are being asked to
consider a rezone of 1.09 acres of property, located at 23453 - 301" Avenue
South, from MHP (Mobile Home Park) to MTC-2 (Midway Transit Community
2). Economic and Community Development staff will explain in their
presentation the effect that change will have, if you elect to approve it.
• The property is owned by Central Puget Sound Regional Transit Authority
(a/k/a Sound Transit)
• The applicant filing the rezone request is Sound Transit
• The applicant's representative is Matthew Mateo
• No one spoke in opposition to the rezone request
• And Mercy Housing and Open Doors spoke in support of the rezone
request
An open record hearing was previously held before the Hearing Examiner on
November 1, 2023. Public notice of that hearing was given as required by the
Kent City Code. After the hearing, the Hearing Examiner recommended
Council approve the rezone request, and it is that recommendation before
you tonight for consideration and, if you agree with the Hearing Examiner,
adoption of the implementing ordinance.
Because this matter would change the zoning on a specific parcel of property,
it is considered a "quasi-judicial matter".
• Typically, Council sits as a legislative body where it develops policy for the
City.
• On legislative matters, outside influences can and often do help shape
Council's policy decisions.
• However, in a quasi-judicial matter, Council sits as a panel of judges
determining the legal rights of specific parties by applying previously
developed policy to a particular property in a hearing or other proceeding.
• When it is applying policy (as opposed to developing it), Council must be
impartial, fair, and free from outside influences.
To help insure fairness and impartiality in quasi-judicial matters, the
Appearance of Fairness Doctrine was developed through the courts and later
codified into state law at Ch. 42.36 RCW.
Before tonight's Council meeting, each Council Member completed an
Appearance of Fairness Disclosure Statement and provided that statement to
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 7
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
the City Clerk.
White advised she has reviewed those disclosure statements. All Council
Members advised (1) they did not have any ex parte communication with any
proponent or opponent to the rezone request, (2) they do not have any
personal interest in the proposed rezone, and (3) they are able to consider
the rezone request fairly and impartially.
White asked the audience "Do any of you have a lawful basis to ask for the
recusal of a council member due to the Appearance of Fairness Doctrine?"
There were no responses from the audience.
White advised that the record has established that each member of Council is
qualified to consider this quasi-judicial matter, and the matter may proceed.
White requested the disclosure statements be entered into Council's record of
tonight's proceeding concerning this quasi-judicial matter.
A. I move to admit the Quasi-Judicial Hearing Appearance of Fairness
Disclosure Statements Completed by all Councilmembers into the Record.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
B. Sound Transit Rezone Ordinance - Adopt (QUASI-JUDICIAL)
Senior Planner Sam Alcorn presented the staff report. Alcorn advised he
reviewed the rezone request for compliance with the Kent City Code, he
provided public notice and collected any public comments.
Alcorn summarized the history of the property, the rezone proposal, form of
public notice and recommendation for the project.
Alcorn advised the site is currently undeveloped and in 2019 Sound Transit
acquired the property. The property is currently being used for staging and
construction for the new station.
As part of federal funding, Sound Transit was required to relocate residents
of the mobile home park that was on the site. Alcorn detailed all forms of
relocation provided to residents.
Alcorn advised this proposed rezone is consistent with adjacent zoning that
allows for high density mixed use residential development. No environmental
review was needed.
Alcorn detailed all methods of public notice, the public hearing and comments
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 6 of 7
Kent City Council City Council Regular Meeting January 16, 2024
Minutes Kent, Washington
received.
Alcorn advised the rezone meets the following five requirements in the Kent
City for granting a rezone:
1. That the rezone is consist with Comprehensive Plan
2. The rezone is compatible with development in vicinity
3. The rezone will not unduly burden the transportation system
4. The circumstances have substantial changed
5. The rezone will not adversely affect general health safety and welfare of
residents
There were no questions from the Council.
MOTION: I move to adopt Ordinance No. 4483, accepting the
Hearing Examiner's recommendation and approving Sound
Transit's rezone request.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Larimer, Troutner, Michaud
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 7:51 p.m.
Ki,mb-eAey A. K&mato-
City Clerk
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Page 7 of 7
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QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
Please return this form to the City Clerk Prior to the Hearing
Council Meeting Date: January 16, 2024 Agenda Item No: Other Business - A
Title: Sound Transit Rezone Ordinance - Adopt Type of Quasi-Judicial Hearing: Rezone
Property Location: 23453 30t" Avenue South Kent WA
Property Owner: Central Puget Sound Regional Transit Authority (a/k/a "Sound Transit")
Applicant: Sound Transit Applicant Representative: Matthew Mateo
Prospective Purchaser: N/A
Application Date: March 23, 2023 Opponent(s) of Rezone: None to date
Proponent(s) of Rezone: Sound Transit Merl Housing and Open Doors
A rezone request is set on your agenda at the above-referenced Council meeting for you to consider
changing the zoning designation of the listed property. Typically, as a City Councilmember, you sit
as a member of the legislative body and make policy decisions for the City. However, a rezone is
considered a quasi-judicial matter. In quasi-judicial matters, you act as a member of a panel of
judges to determine the rights of a property owner.
Washington's Appearance of Fairness Doctrine, found in Chapter 42.36 RCW, applies to a quasi-
judicial rezone. The Appearance of Fairness Doctrine is intended to ensure that a quasi-
judicial decision of the Council is fair and unbiased in both appearance and in fact.
In order to ensure compliance with the Appearance of Fairness Doctrine, please answer the following
questions by placing an "x" after "Yes" or "No":
1. Between the date the rezone application was submitted (see above) and today, have you had
any communication (v r al/written/text/email, etc.) with any proponent or opponent of the
rezone? Yes No:
a. If the answer is "no", please move to the next question.
b. If the answer is "yes":
i. You are required, at the Council meeting, to place on the record the substance of that
communication; and
ii. Any member of the public is permitted to rebut the substance of the communication at
the Council meeting.
2. Are you employed by, or own any busi ss interest in, a business of any proponent or any
opponent to this rezone? Yes No:
3. Is there a chance that you stand to fin ncially gain from the approval or denial of this rezone?
For example, do you ow n interest in property or a business on or in close proximity to this
property? Yes No:
i. If yes, will prop ty that you have an ownership interest crease or decrease in value
as a result of th outcome of this rezone? Yes No:
4. Do you have a familial, social, or employment relationship a , current, or prospective) with
any proponent or opponent of this rezone? Yes No:
5. Are you aware of anythin 0at may impact your abi ty to consider this matter fairly and
impartially? Yes No: f�
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
An answer of 'eyes" to question 1 will not disqualify a member of Council from proceeding if the
contact is disclosed and rebuttal is permitted. An answer "yes" to any of the questions in 2-5 may
cause disqualification depending o e circ ms
Signature of Councilmember: Date:
011A_ T--i(VA
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
Please return this form to the City Clerk Prior to the Hearing
Council Meeting Date: January 16, 2024 Agenda Item No: Other Business - A
Title: Sound Transit Rezone Ordinance - Adopt Type of Quasi-Judicial Hearing: Rezone
Property Location: 23453 30t" Avenue South Kent WA
Property Owner: Central Puget Sound Regional Transit Authority (a/k/a "Sound Transit")
Applicant: Sound Transit Applicant Representative: Matthew Mateo
Prospective Purchaser: N/A
Application Date: March 23, 2023 Opponent(s) of Rezone: None to date
Proponent(s) of Rezone: Sound Transit Mercy Housing, and Open Doors
A rezone request is set on your agenda at the above-referenced Council meeting for you to consider
changing the zoning designation of the listed property. Typically, as a City Councilmember, you sit
as a member of the legislative body and make policy decisions for the City. However, a rezone is
considered a quasi-judicial matter. In quasi-judicial matters, you act as a member of a panel of
judges to determine the rights of a property owner.
Washington's Appearance of Fairness Doctrine, found in Chapter 42.36 RCW, applies to a quasi-
judicial rezone. The Appearance of Fairness Doctrine is intended to ensure that a quasi-
judicial decision of the Council is fair and unbiased in both appearance and in fact.
In order to ensure compliance with the Appearance of Fairness Doctrine, please answer the following
questions by placing an "x" after "Yes" or "No":
1. Between the date the rezone application was submitted (see above) and today, have you had
any communication (ver al written/text/email, etc.) with any proponent or opponent of the
rezone? Yes No
a. If the answer is "no", please move to the next question.
b. If the answer is "yes":
i. You are required, at the Council meeting, to place on the record the substance of that
communication; and
ii. Any member of the public is permitted to rebut the substance of the communication at
the Council meeting.
2. Are you employed by, or own any business interest in, a business of any proponent or any
opponent to this rezone? Yes No:&-
3. Is there a chance that you stand to financially gain from the approval or denial of this rezone?
For example, do you own an interest in property or a business on or in close proximity to this
property? Yes No: X
i. If yes, will property that you have an ownership interest in increase or decrease in value
as a result of the outcome of this rezone? Yes No:
4. Do you have a familial, social, or employment relationship (past, current, or prospective) with
any proponent or opponent of this rezone? Yes No:
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
5. Are you aware of anything that may impact your ability to consider this matter fairly and
impartially? Yes No:
An answer of "yes" to question 1 will not disqualify a member of Council from proceeding if the
contact is disclosed and rebuttal is permitted. An answer of"yes" to any of the questions in 2-5 may
cause disqualification depending on the circumstances.
Signature of Councilmember: Date: `�
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
Please return this form to the City Clerk Prior to the Hearing
Council Meeting Date: January 16, 2024 Agenda Item No: Other Business - A
Title: Sound Transit Rezone Ordinance - Adopt Type of Quasi-Judicial Hearing: Rezone
Property Location: 23453 30th Avenue South Kent WA
Property Owner: Central Puget Sound Regional Transit Authority (a/k/a "Sound Transit"
Applicant: Sound Transit Applicant Representative: Matthew Mateo
Prospective Purchaser: N/A
Application Date: March 23, 2023 Opponent(s) of Rezone: None to date
Proponent(s) of Rezone: Sound Transit Mercy Housing, and Open Doors
A rezone request is set on your agenda at the above-referenced Council meeting for you to consider
changing the zoning designation of the listed property. Typically, as a City Councilmember, you sit
as a member of the legislative body and make policy decisions for the City. However, a rezone is
considered a quasi-judicial matter. In quasi-judicial matters, you act as a member of a panel of
judges to determine the rights of a property owner.
Washington's Appearance of Fairness Doctrine, found in Chapter 42.36 RCW, applies to a quasi-
judicial rezone. The Appearance of Fairness Doctrine is intended to ensure that a quasi-
judicial decision of the Council is fair and unbiased in both appearance and in fact.
In order to ensure compliance with the Appearance of Fairness Doctrine, please answer the following
questions by placing an "x" after "Yes" or "No":
1. Between the date the rezone application was submitted (see above) and today, have you had
any communication (verbal/written/text/email, etc.) with any proponent or opponent of the
rezone? Yes No: `
a. If the answer is "no", please move to the next question.
b. If the answer is "yes":
i. You are required, at the Council meeting, to place on the record the substance of that
communication; and
ii. Any member of the public is permitted to rebut the substance of the communication at
the Council meeting.
2. Are you employed by, or own any business interest in, a business of any proponent or any
opponent to this rezone? Yes No:)�_
3. Is there a chance that you stand to financially gain from the approval or denial of this rezone?
For example, do you own n interest in property or a business on or in close proximity to this
property? Yes No:
that you have an ownership interest in increase or dec
rease in value
i. If es willproperty y p
Y
as a result of the outcome of this rezone? Yes No:
4. Do you have a familial, social, or employment relationship (pas , current, or prospective) with
any proponent or opponent of this rezone? Yes No:
5. Are you aware of anything that may impact your ability to consider this matter fairly and
impartially? Yes No:
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
An answer of "yes" to question 1 will not disqualify a member of Council from proceeding if the
contact is disclosed and rebuttal is permitted. An answer of"yes" to any of the questions in 2-5 may
cause disqualification depending on t mstances.
Signature of Councilmem heber: Date: I Lp I Z 2-4
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
Please return this form to the City Clerk Prior to the Hearing
Council Meeting Date: January 16, 2024 Agenda Item No: Other Business - A
Title: Sound Transit Rezone Ordinance - Adopt Type of Quasi-Judicial Hearing: Rezone
Property Location: 23453 30th Avenue South Kent WA
Property Owner: Central Puget Sound Regional Transit Authority (a/k/a "Sound Transit")
Applicant: Sound Transit Applicant Representative: Matthew Mateo
Prospective Purchaser: N/A
Application Date: March 23, 2023 Opponent(s) of Rezone: None to date
Proponent(s) of Rezone: Sound Transit Mercy Housing, and Open Doors
A rezone request is set on your agenda at the above-referenced Council meeting for you to consider
changing the zoning designation of the listed property. Typically, as a City Councilmember, you sit
as a member of the legislative body and make policy decisions for the City. However, a rezone is
considered a quasi-judicial matter. In quasi-judicial matters, you act as a member of a panel of
judges to determine the rights of a property owner.
Washington's Appearance of Fairness Doctrine, found in Chapter 42.36 RCW, applies to a quasi-
judicial rezone. The Appearance of Fairness Doctrine is intended to ensure that a quasi-
judicial decision of the Council is fair and unbiased in both appearance and in fact.
In order to ensure compliance with the Appearance of Fairness Doctrine, please answer the following
questions by placing an "x" after "Yes" or "No":
1. Between the date the rezone application was submitted (see above) and today, have you had
any communication (verbal/written/text/email, etc.) with any proponent or opponent of the
rezone? Yes No: ,
a. If the answer is 'ono", please move to the next question.
b. If the answer is 'eyes":
i. You are required, at the Council meeting, to place on the record the substance of that
communication; and
ii. Any member of the public is permitted to rebut the substance of the communication at
the Council meeting.
2. Are you employed by, or own any business interest in, a business of any proponent or any
opponent to this rezone? Yes No:
3. Is there a chance that you stand to financially gain from the approval or denial of this rezone?
For example, do you own an interest in property or a business on or in close proximity to this
property? Yes No: X_
i. If yes, will property that you have an ownership interest in increase or decrease in value
as a result of the outcome of this rezone? Yes No:
4. Do you have a familial, social, or employment relationship (past, current, or prospective) with
any proponent or opponent of this rezone? Yes No:
5. Are you aware of anything that may impact your ability to consider this matter fairly and
impartially? Yes No'".
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
An answer of 'eyes" to question 1 will not disqualify a member of Council from proceeding if the
contact is disclosed and rebuttal is permitted. An answer of"yes" to any of the questions in 2-5 may
cause disqualification depending on th%lAum, SIMces.
Signature of Councilmember: AN fA A Date:
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
Please return this form to the City Clerk Prior to the Hearing
Council Meeting Date: January 16, 2024 Agenda Item No: Other Business - A
Title: Sound Transit Rezone Ordinance - Adop Type of Quasi-Judicial Hearing: Rezone
Property Location: 23453 30th Avenue South Kent WA
Property Owner: Central Puget Sound Regional Transit Authority (a/k/a "Sound Transit")
Applicant• Sound Transit Applicant Representative: Matthew Mateo
Prospective Purchaser: N/A
Application Date: March 23, 2023 Opponent(s) of Rezone: None to date
Proponent(s) of Rezone: Sound Transit Mercy Housing and Open Doors
A rezone request is set on your agenda at the above-referenced Council meeting for you to consider
changing the zoning designation of the listed property. Typically, as a City Councilmember, you sit
as a member of the legislative body and make policy decisions for the City. However, a rezone is
considered a quasi-judicial matter. In quasi-judicial matters, you act as a member of a panel of
judges to determine the rights of a property owner.
Washington's Appearance of Fairness Doctrine, found in Chapter 42.36 RCW, applies to a quasi-
judicial rezone. The Appearance of Fairness Doctrine is intended to ensure that a quasi-
judicial decision of the Council is fair and unbiased in both appearance and in fact.
In order to ensure compliance with the Appearance of Fairness Doctrine, please answer the following
questions by placing an "x" after "Yes" or "No":
1. Between the date the rezone application was submitted (see above) and today, have you had
any communication (verbal/written/text/email, etc.) with any proponent or opponent of the
rezone? Yes No: _x_
a. If the answer is "no", please move to the next question.
b. If the answer is "yes":
i. You are required, at the Council meeting, to place on the record the substance of that
communication; and
ii. Any member of the public is permitted to rebut the substance of the communication at
the Council meeting.
2. Are you employed by, or own any business interest in, a business of any proponent or any
opponent to this rezone? Yes No: x
3. Is there a chance that you stand to financially gain from the approval or denial of this rezone?
For example, do you own an interest in property or a business on or in close proximity to this
property? Yes No: x
i. If yes, will property that you have an ownership interest in increase or decrease in value
as a result of the outcome of this rezone? Yes No: _x_
4. Do you have a familial, social, or employment relationship (past, current, or prospective) with
any proponent or opponent of this rezone? Yes No: _x_
5. Are you aware of anything that may impact your ability to consider this matter fairly and
impartially? Yes No: _x_
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
An answer of "yes" to question 1 will not disqualify a member of Council from proceeding if the
contact is disclosed and rebuttal is permitted. An answer of"yes"to any of the questions in 2-5 may
cause disqualification depending on the circumstances. �
Signature of Councilmember: ;JA � Date:1/10/2024
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
Please return this form to the City Clerk Prior to the Hearing
Council Meeting Date: January 16, 2024 Agenda Item No: Other Business -.A
Title: Sound Transit Rezone Ordinance .- Adopt Type of Quasi-Judicial Hearing: Rezone
Property Location: 23453 301h Avenue South Kent WA
Property Owner: Central ,Puget Sound Regional Transit Authority (a/k/a "Sound Transit"1
Applicant: Sound Transit Applicant Representative: Matthew Mateo
Prospective Purchaser: N/A
Application Date: March 23, 2023 Opponent(s) of Rezone: None to date
Proponent(s) of Rezone: Sound Transit Mercy Housing, and Open Doors
A rezone request is set on your agenda at the above-referenced Council meeting for you to consider
changing the zoning designation of the listed property. Typically, as a City Councilmember, you sit
as a member of the legislative body and make policy decisions for the City. However, a rezone is
considered a quasi-judicial matter. In quasi-judicial matters, you act as a member of a panel of
judges to determine the rights of a property owner.
Washington's Appearance of Fairness Doctrine, found in Chapter 42.36 RCW, applies to a quasi-
judicial rezone. The Appearance of Fairness Doctrine is intended to ensure that a quasi-
judicial decision of the Council is fair and unbiased in both appearance and in fact.
In order to ensure compliance with the Appearance of Fairness Doctrine, please answer the following
questions by placing an "x" after "Yes" or "No":
1. Between the date the rezone application was submitted (see above) and today, have you had
any communication (verbal/written/text/email, etc.) with any proponent or opponent of the
rezone? Yes No: A
a. If the answer is "no", please move to the next question.
b. If the answer is "yes":
i. You are required, at the Council meeting, to place on the record the substance of that
communication; and
ii. Any member of the public is permitted to rebut the substance of the communication at
the Council meeting.
2. Are you employed by, or own any business interest in, a business of any proponent or any
opponent to this rezone? Yes No:
3. Is there a chance that you stand to financially gain from the approval or denial of this rezone?
For example, do you own an interest in property or a business on or in close proximity to this
property? Yes No:
i. If yes, will property that you have an ownership interest in increase or decrease in value
as a result of the outcome of this rezone? Yes No:
4. Do you have a familial, social, or employment relationship (past, current, or prospective) with
any proponent or opponent of this rezone? Yes No: A
5. Are you aware of anything that may impact your ability to consider this matter fairly and
impartially? Yes No:
QUASI-JUDICIAL HEARING
APPEARANCE OF FAIRNESS DISCLOSURE STATEMENT
An answer of "yes" to question 1 will not disqualify a member of Council from proceeding if the
contact is disclosed and rebuttal is permitted. An answer of"yes" to any of the questions in 2-5 may
cause disqualification depending on the circumstances.
Signature of Councilmember: ti Z1 Date: i lip �2�#