Kirkland City Council Regular Meeting – June 20, 2023

The Kirkland City Council met on June 20, 2023, in a hybrid format, with a study session beginning at 5:30 p.m. and the regular meeting at 7:30 p.m. The meeting covered a wide range of topics including a joint meeting with the Kirkland Senior Council, a potential parks ballot measure, wireless code amendments, two school master plan approvals, mid-year budget adjustments, and several public comments. All votes were unanimous except where noted.

Consent Calendar

• Approved minutes of June 6, 2023.
• Acknowledged audit of accounts: payroll $4,152,256.49 and bills $6,309,644.70.
• Acknowledged claims for damages from Jevon Pines, John Popenoe, Sailhouse Apartments, and Villagio on Yarrow Bay.
• Awarded the 2023 Annual Striping Program contract to Specialized Pavement Marking, Inc. of Tualatin, Oregon, for $704,719.00, with $186,000 from REET 2 Reserves.
• Approved Ordinance O-4854 (employee vacation leave payment in emergencies).
• Approved Resolution R-5594 (relinquishing city interest in unopened right-of-way to RD Homes LLC).
• Acknowledged Ride Transit Month Proclamation, April 2023 Financial Dashboard, and Procurement Report.
• Motion carried 7-0.

Public Comments & Testimony

• Kenny Drabble announced a Kirkland Youth Council scholarship for Luke, a graduating Juanita High School student who served on the Youth Council for six years.
• Kim Allen (Verizon) asked the council to delay the wireless code adoption to address macro facility issues, citing evolving 5G technology and the need for updated policies.
• Meridee Pabst (AT&T) argued that the city's code is overly restrictive on rooftop antenna mounting and tower height (40 ft in residential, 45 ft in industrial), and suggested a hodgepodge of heights could result from the “effective prohibition” exception.
• Sabine Jacques expressed full support for the parks ballot measure, including the aquatic and recreation center, urging a 2023 ballot and citing the need for year-round indoor swimming for families and teens.
• Alex Tsimmerman made inflammatory remarks, accusing the council and city of being “Nazi” and “communist” and criticizing local governance.
• Rex Rempel thanked the council and staff for responsive and open government, highlighting the privilege of community participation.
• Nicole MacKenzie opposed the parks ballot measure, arguing it is too large and expensive. She stated that the PFEC process was constrained and that survey results showed most elements ranked below 4 on a 7-point scale, with year-round restrooms as the highest priority at 4.9.
• Ken Lyons (AT&T) requested the public hearing be reopened, noting that the planning commission did not probatively analyze comments. He emphasized that 75% of Kirkland residents do not have a home phone and that the code is outdated.
• Bob Sternoff opposed the proposed pedestrian-only Park Lane, speaking from his experience as a former parking committee chair, and opposed the parks bond as too large, citing economic pressures on residents.
• Matt McCauley opposed changes to make Park Lane pedestrian-only, arguing it would harm merchants and that the idea was rejected in the 1970s.
• Ken McKenzie opposed pedestrian-only Park Lane, citing a study that 89% of pedestrian malls fail, and that Kirkland lacks the tourist or university anchor needed for success.

Discussion Items

• Joint Meeting with Kirkland Senior Council: The Senior Council presented priorities including housing affordability, missing middle housing, transportation options for seniors, loss of Medicaid/Medicare long-term care beds, and the need for universal design and air conditioning in new developments. They suggested a city-sponsored shuttle system and raised concerns about property tax burdens and pedestrian safety. Councilmembers discussed the Metro Flex program, the Opticos missing middle housing model, and the need for heat pumps.
• Potential Parks Ballot Measure (Study Session): Parks and Community Services Director Lynn Zwaagstra and staff presented elements, financing, and timing. The proposed package included the aquatic center, year-round restrooms, sports courts, green loop trail, park safety/security, and operations. Council discussed 20-year vs. 30-year bond financing, permanent vs. temporary levy lid lift, and assessed value drops. Councilmember Nixon proposed removing park safety/security and green loop elements, but both motions failed 2-5. A motion to accept the elements as proposed passed 6-1, with Nixon opposed. The council also discussed November 2023 vs. 2024 timing; PFEC recommended 2023 by 93% at their meeting, but 6 of 7 proxy voters preferred 2024. Council directed staff to refine financial modeling for a permanent single-year levy lid lift with 30-year bonds for the aquatic center, and to proceed with a November 2023 ballot measure.
• Wireless Code Amendments (KZC Chapter 117 & KMC Title 26): Senior Planner Lindsay Levine presented amendments to comply with FCC regulations. Industry representatives (AT&T, Verizon) requested higher tower heights (60 ft by right) and more flexibility for rooftop antennas. The council debated whether to adopt as-is or postpone to address carrier concerns. After discussion, the council voted to adopt both ordinances (O-4852 and O-4853) as presented, with the understanding that a separate process (possibly during the comprehensive plan update) would consider height and design changes. Both passed 7-0.
• Finn Hill Middle School Master Plan Amendment: Council considered Resolution R-5596. Councilmember Pascal proposed an amendment to add a condition requiring the applicant to relocate the crosswalk on NE 132nd Street to the east side of 82nd Avenue NE before final building inspection, citing pedestrian safety concerns. The amendment passed 7-0, and the resolution as amended passed 7-0.
• Authorization to Recruit for Pro/Con Committees: Staff recommended initiating recruitment for volunteer committees to write pro and con statements for the potential parks ballot measure. The council approved the motion 7-0.

Key Outcomes

• Mid-Year Budget Adjustments (Ordinance O-4851): Approved 7-0, adopting $10.4 million in revised appropriations, including new positions in Planning and Building, capital project transfers, and ARPA funding allocations.
• Kirkland Middle School Master Plan Amendment (Resolution R-5595): Approved 7-0, granting the amended master plan for a 13,656 sq. ft. eight-classroom addition, with conditions from the hearing examiner.
• Finn Hill Middle School Master Plan Approval (Resolution R-5596): Approved 7-0, with an added condition to relocate the crosswalk on NE 132nd Street, as amended.
• Wireless Code Amendments (Ordinances O-4852 and O-4853): Both adopted 7-0, with a delayed effective date of January 1, 2024. The council noted that future consideration of height and rooftop antenna flexibility would occur separately.
• Parks Ballot Measure Package: Council affirmed the full set of elements (aquatic center, restrooms, sports courts, green loop trail, park safety/security, and operations) by a 6-1 vote. Staff will proceed with financial modeling for a permanent levy lid lift with 30-year bonds for the aquatic center, targeting a November 2023 ballot.
• Pro/Con Committee Recruitment: Authorized 7-0; staff will advertise for volunteers to prepare statements for the voter pamphlet.
• AWC Voting Delegate: Designated Government Relations Manager Diana Hart as the voting delegate for the Association of Washington Cities, approved 7-0.
• Executive Session: The council entered executive session to discuss the potential acquisition of real property, returning at 10:51 p.m. to adjourn.