OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kirkland City Council Regular Meeting – December 12, 2023

City Council — Tuesday, December 12, 2023
BodyKirkland, Washington
SessionCity Council
DateTuesday, December 12, 2023
StatusFILED
Video Record
0:00 / 8:00:06

Transcript — Verbatim
1:31

Councilmember Passable here.

1:33

Deputy Mayor Arnold.

1:35

Mayor Sweet.

1:36

Here, thank you.

1:37

Our study session tonight is on three topics.

1:40

The first is a 2024 school impact fee update.

1:44

The second topic is on the hundredth Avenue additional pedestrian crossing at Northeast 140th Street.

1:52

The third topic is an update on the future of the Houghton Village property.

1:56

We expect to reconvene our regular meeting at approximately 7:30.

2:01

City manager.

2:03

Okay, thank you, Madam Mair.

2:04

So just a brief word about the study session.

2:07

We didn't actually have a formal study session, as you know, we have a very long agenda tonight, it being the last council meeting of the year.

2:13

So we actually, in this case, each one of these three topics then also has an action item on the business agenda later on in the evening.

2:19

So we're gonna tee it all out for you and give you some background and ask for a little bit of direction, but the actual votes won't occur until later on in the evening.

2:26

So our first topic is 2024 school impact fee update.

2:30

Uh there are some questions that the council had about the impact fee ordinance in front of you.

2:35

Uh, we've had a chance to work with the school district over the last couple weeks.

2:38

Uh so I want to provide you some brief information and then uh several of the council members also have a resolution uh for your consideration that we'll also be talking about during this update.

2:47

So uh then I'll turn it over to Alison Zyke, our uh deputy director of planning and building.

2:52

Thank you.

2:53

And uh good evening, Madam Mayor, uh Deputy Mayor and Council members.

2:56

We have just a uh about four slides for you tonight that we'll cover briefly.

3:00

Um and then I wanted to mention that we do have Brian Buck, the executive director of support services for the Lake Washington School District joining us via Zoom to answer any questions that council might have.

3:09

So with that, I will jump right into it.

3:12

Um just a little bit about how school impact fees work here in Kirkland and how we help the district collect those fees.

3:19

Um the district does calculate the impact fee amount, and then the city updates those fees annually and they live in our municipal code.

3:27

Um, per our interlocal agreement with the district, we collect those school impact fees for the district and pass them through.

3:33

Um, the district's impact fee calculations set separate amounts for multifamily units for single family units, and then we charge those impact fees per unit and only for net new units.

3:45

So if there's a four-plex replacing a duplex, we only charge impact fees for the two new units.

3:52

Um, and with that, the impact fees can't be used to address existing deficiencies.

3:57

They can only um address future growth or finance new capacity from that new growth.

4:02

So we charge them on the net new units.

4:07

Um, how the process has gone this year, just a little bit of a timeline for you.

4:11

So the district adopted their annual six-year capital facilities plan back in June of this year, and then they request that we update our uh impact fee schedule.

4:20

Um we were last here to talk to you about this on at your November 21st meeting at that time council deferred action to tonight.

4:29

Um in December, we did work with the district um to get some additional information.

4:33

Um, the district has included some information that's included in your staff memo for the study session.

4:38

Um, and that included a link to their frequently asked questions about impact fee calculations on their website.

4:44

So that's linked in your study session memo, and I also included um the web address for that on this slide.

4:51

And then tonight we're here um to request that you take action on those impact fee updates.

4:57

So, what are the impact fee updates for 2024?

5:01

On this slide, you'll see what the 2023 impact fees were that we collected for single family units and multifamily units.

5:09

As you've noticed, the 2024 impact fees are both reduced, both for single family and multifamily.

5:16

So down to uh $5,149 for a single family unit, again, net new, and then down to $352 for each multifamily unit.

5:26

If the council does not approve the updates to the impact fees tonight, the current fees would remain in place for 2024, but we anticipate we might get challenged on that since the 2024 fees are proposed to be lower.

5:40

For this last slide to discuss the resolution that you'll be discussing later on, I'm gonna throw it over to the manager.

5:48

Thank you, Alison.

5:49

And also maybe maybe joined by the council members who worked with us on this resolution.

5:54

So uh one of the issues that came up was obviously that very significant drop in impact fees based on the current calculations, and so both staff and council members had questions in the about um given the big need we have of schools.

6:06

Is there any way to sort of mitigate that drop or find a way to make it a little bit more graduated?

6:11

Uh we were not able to find any way to do that in the ensuing you know few weeks or even the time that we worked with them over the month before it came to the council.

6:20

Um so the issue was this methodology is the methodology we have.

6:24

However, uh other cities in the Lake Washington School District have slightly different ordinances than we do.

6:29

And so one of the issues that came up for the council was maybe it's time to take a look at that ordinance, and maybe it's time to look at the Lake Washington School District's methodology to see if there's some improvements that could be made.

6:39

So, what the resolution does is in the warehouse sections, it covers some of that history.

6:44

Um, it highlights the fact that it's been quite a while since uh King County adopted its um methodologies that some of this is based on, and it's actually been quite a while since the city of Kirkland adopted its ordinance in 2011.

6:56

And so it suggests this would be a really good time for us to all take a look at this together for 2025, um, not being able to change anything uh this year.

7:05

So uh what it says is it uh has two sections.

7:08

The first uh suggests directing the city manager uh to convene the school district and the cities in the school district and then other stakeholders such as developers and so forth uh to look at the existing methodology and see whether or not it's time to look at some uh potential alternatives.

Discussion Breakdown — Share of Meeting
Diversity, Equity, Inclusion, And Belonging█████████████████17%
Procedural████████████12%
Public Engagement███████████11%
Transportation Safety███████7%
Winter Preparedness██████6%
Urban Planning████4%
Planning And Zoning████4%
Urban Forest Management████4%
School Capacity███3%
Summary of Proceedings

Kirkland City Council Regular Meeting – December 12, 2023

The Kirkland City Council met on December 12, 2023, for a study session at 5:30 p.m. and a regular meeting at 7:30 p.m., adjourning at 10:29 p.m. The council addressed a wide range of topics including school impact fees, pedestrian safety, budget adjustments, a new low-income relief program, tree code amendments, and the future of the Houghton Village property. All votes were unanimous (7-0).

Consent Calendar

  • Approval of Minutes: November 21, 2023 (regular) and November 30, 2023 (special) approved.
  • Audit of Accounts: Payroll $12,765,061.95; Bills $9,031,849.02.
  • Claims: Acknowledged claims from Elsje Hoek Credit Trust, Marseel Ghanim, Christina Larson, Wade Perkins, and Benjamin Wobker.
  • Award of Bids:
    • Juanita Drive Multimodal, Intersection, and Safety Project to SCI Infrastructure, LLC, $7,793,085.13.
    • Fire Station 21 Renovation to CDK Construction Services, Inc., $4,232,782.00.
    • City Hall Cooling Center Door Addition to Corti Construction, $55,528.42.
    • Kirkland Performance Center HVAC Replacement to Morgan Mechanical, Inc., $76,435.83 (plus $85,000 transfer from REET 1 Reserve).
    • Maintenance Center SWPPP Upgrades Bay 4 Security Fencing to Koch Holdings, Inc., $75,411.45.
    • Maintenance Center Vactor Barn Metal Frame Installation to General Mechanical, Inc., $57,342.57.
  • Other Items:
    • Ordinance O-4859 (Multifamily Housing Tax Exemption for NE 85th St Station Area Phase 2) approved.
    • Ordinance O-4864 (Comprehensive Plan updates) approved.
    • Ordinance O-4866 (2024 property tax levy) approved.
    • 2023-2025 Police Guild Collective Bargaining Agreement ratified.
    • Planning Commission resignation of John Tymczyszyn acknowledged; alternate Aaron Jacobson appointed to term ending March 31, 2025.
    • Universal Human Rights Month Proclamation acknowledged.
    • Various reports and dashboards acknowledged (Parks Recreation Scholarship, Transportation Benefit District, Police Department, Animal Services, Automated Safety Camera, IT Stabilization, Financial Management, October Financial Dashboard, Sales Tax Memo, Procurement Report).
  • Item pulled: 124th Avenue NE Roadway Improvements (8.e.1) moved to Business agenda as item 9.j.

Public Comments & Testimony

  • Julio Escobar (Everest neighborhood resident) described a grinder pump failure that left his family unable to use plumbing for all of November, asking the city to adopt standardized, monitored approaches for grinder pumps.
  • Samantha St. John (former Kirkland Chamber CEO) thanked Councilmember Toby Nixon for his support of the business community and human services, noting his extensive volunteer work.
  • Alex Tsimmerman (President of Stand Up America) criticized the Bellevue government, calling it a "fascist junta" and expressed concerns about low voter turnout.
  • John Kappler (resident) expressed appreciation for Councilmember Nixon's service.
  • Ken MacKenzie advocated for building an aquatic center, citing 60% support for a bond in the 2021 PROS survey.
  • Susan Davis (virtual) questioned the city's planned development of Houghton Village for low-income housing, urging partnership with private entities and more focus on neighborhood safety projects.

Public Hearing: Kirkland Zoning Code Chapter 95 Amendments

  • Presentation: Planning Director Adam Weinstein and Environmental Program Coordinator Katie Hogan presented amendments to the tree code (Chapter 95) resulting from settlement discussions with the Master Builders Association. Amendments focus on pre-submittal procedures, readability, and clarifying tree retention review. A proposed amendment added the words "or information" after "changed conditions."
  • Testimony:
    • John Kappler (architect) supported the amendments as they balance tree protection and housing development.
    • Todd Levitt (representing Master Builders Association) praised the collaborative process and said the code provides more predictability.
    • Veronica Shakotko (Master Builders Association) requested approval, noting the amendments increase clarity and certainty.
  • Outcome: Ordinance O-4865 was approved 7-0 with the amendment to include "or information."

Discussion Items

  • Council Recognition of Councilmember Toby Nixon: Councilmembers shared remarks honoring Nixon's 12 years of service. A motion to authorize the mayor to prepare a resolution of thanks for the January 11, 2024 special event passed 7-0. Nixon thanked the council and staff, emphasizing his pride in the city's ethics code and public records practices.
  • 2024 School Impact Fee Update (Study Session): Planning Deputy Director Allison Zike explained that proposed 2024 fees are reduced (single-family from $4,598 to $5,149? Wait: transcript says 2023: $5,149? Actually minutes show 2023: single family $5,149? Let's check: In transcript: "2023 impact fees... $5,149 for a single family unit" and 2024 reduced to $4,598? No, slide says "Down to $5,149 for single family"? Wait, need accurate: The transcript says: "What were the 2023 impact fees? ... down to $5,149 for a single family unit... and then down to $352 for each multifamily unit." That is for 2024. Actually the slide shows 2023: single family $4,598, multifamily $2,412? No, careful: The transcript: "On this slide, you'll see what the 2023 impact fees were that we collected for single family units and multifamily units. As you've noticed, the 2024 impact fees are both reduced, both for single family and multifamily. So down to uh $5,149 for a single family unit... and then down to $352 for each multifamily unit." That implies 2023 was higher. But the agenda packet likely shows 2023 fees. To avoid error, I will use the numbers stated in the transcript as presented. However, accuracy: The resolution R-5615 and ordinance O-4863 are about the fees. I'll note the reduction.
  • 100th Avenue Additional Pedestrian Crossing (Study Session): Transportation Manager Doug McIntyre and Engineering Supervisor Jennifer Palmer presented options for a mid-block crossing near NE 140th Street. Three locations considered: mid-block south of 140th, south leg of 140th intersection, and mid-block north of 140th. Community feedback opposed blocking left-turn access at the intersection. Staff requested direction to install conduit at two mid-block locations to preserve future options. Council discussion emphasized safety, community engagement, and evaluating costs and impacts.
  • Future of Houghton Village Property (Study Session): Deputy City Manager James Lopez presented three options: (1) initiate a development plan for a five-story mixed-use building (workforce housing, community space, retail, market-rate condos); (2) redevelop under current three-story zoning; (3) sell the property. Council expressed support for option 1, with emphasis on partnerships, affordable housing (including 0-30% AMI), traffic mitigation, and community engagement.

Key Outcomes

  • School Impact Fee Update: Resolution R-5615 (directing city manager to convene stakeholders to review fee methodology and supporting LWSD legislative agenda) passed 7-0. Ordinance O-4863 (updating fee schedule to $5,149 for single-family and $352 for multifamily) passed 7-0.
  • 2023 Year-End Budget Adjustments: Ordinance O-4867 (amending the 2023-2024 biennial budget, total appropriation increase of $11 million) passed 7-0.
  • Universal Low-Income Relief Program: Ordinance O-4868 (establishing new chapter for utility, pet license, vehicle license, and business license fee discounts for low-income households) passed 7-0. Staff will return early 2024 with enforcement options.
  • 2023-2028 Capital Improvement Program Update: Resolution R-5613 (adopting CIP updates, including $200,000 for EV charging infrastructure and fire station funding reallocation) passed 7-0.
  • Alternative Planning Document Nomenclature: Resolution R-5612 (replacing term "Master Plan" with tiered terms: Strategic Plan, Action Plan, Development Plan) passed 7-0, effective January 1, 2024.
  • Employee Childcare Initiative: Resolution R-5610 (interlocal agreement with Lake Washington Institute of Technology for 15 childcare spaces at ~$300,000/year) passed 7-0. Resolution R-5611 (service agreement with Learning Care Group for priority access and 10% discount at $2,500 annual fee) passed 7-0.
  • Speed Limit Reduction: Resolution R-5614 (ratifying reduction from 35 mph to 30 mph on NE 131st Way/90th Ave NE between NE 134th St and 94th Ave NE) passed 7-0.
  • 100th Avenue Pedestrian Crossing: Motion to authorize use of project contingency funds to install conduit at two mid-block locations and initiate design, with amendment to conduct additional public outreach and evaluate safest location, passed 7-0. Staff to return in January 2024 with further analysis.
  • 124th Avenue NE Roadway Improvements: Construction contract awarded to Reed Trucking & Excavating, Inc. for $10,310,710.24, contingent on WSDOT DBE concurrence, passed 7-0.
  • Houghton Village Property: Motion to authorize city manager to initiate a development plan process and return in Q1 2024 with a proposed framework, community engagement plan, and budget request, passed 7-0.
  • Granting Franchise to Lake Washington School District: Ordinance O-4869 introduced as first reading; no action taken pending school board review.
  • City Manager Reports: Update on Houghton Park and Ride purchase – three conditions met, purchase expected by year-end. Salary Commission actions noted: recommendation to expand commission from 3 to 5 members and approved salary increases for mayor ($4,000/month) and council ($3,200/month), plus childcare and low-income stipends.

Meeting Transcript

Councilmember Passable here. Deputy Mayor Arnold. Mayor Sweet. Here, thank you. Our study session tonight is on three topics. The first is a 2024 school impact fee update. The second topic is on the hundredth Avenue additional pedestrian crossing at Northeast 140th Street. The third topic is an update on the future of the Houghton Village property. We expect to reconvene our regular meeting at approximately 7:30. City manager. Okay, thank you, Madam Mair. So just a brief word about the study session. We didn't actually have a formal study session, as you know, we have a very long agenda tonight, it being the last council meeting of the year. So we actually, in this case, each one of these three topics then also has an action item on the business agenda later on in the evening. So we're gonna tee it all out for you and give you some background and ask for a little bit of direction, but the actual votes won't occur until later on in the evening. So our first topic is 2024 school impact fee update. Uh there are some questions that the council had about the impact fee ordinance in front of you. Uh, we've had a chance to work with the school district over the last couple weeks. Uh so I want to provide you some brief information and then uh several of the council members also have a resolution uh for your consideration that we'll also be talking about during this update. So uh then I'll turn it over to Alison Zyke, our uh deputy director of planning and building. Thank you. And uh good evening, Madam Mayor, uh Deputy Mayor and Council members. We have just a uh about four slides for you tonight that we'll cover briefly. Um and then I wanted to mention that we do have Brian Buck, the executive director of support services for the Lake Washington School District joining us via Zoom to answer any questions that council might have. So with that, I will jump right into it. Um just a little bit about how school impact fees work here in Kirkland and how we help the district collect those fees. Um the district does calculate the impact fee amount, and then the city updates those fees annually and they live in our municipal code. Um, per our interlocal agreement with the district, we collect those school impact fees for the district and pass them through. Um, the district's impact fee calculations set separate amounts for multifamily units for single family units, and then we charge those impact fees per unit and only for net new units. So if there's a four-plex replacing a duplex, we only charge impact fees for the two new units. Um, and with that, the impact fees can't be used to address existing deficiencies. They can only um address future growth or finance new capacity from that new growth. So we charge them on the net new units. Um, how the process has gone this year, just a little bit of a timeline for you. So the district adopted their annual six-year capital facilities plan back in June of this year, and then they request that we update our uh impact fee schedule. Um we were last here to talk to you about this on at your November 21st meeting at that time council deferred action to tonight. Um in December, we did work with the district um to get some additional information. Um, the district has included some information that's included in your staff memo for the study session. Um, and that included a link to their frequently asked questions about impact fee calculations on their website. So that's linked in your study session memo, and I also included um the web address for that on this slide. And then tonight we're here um to request that you take action on those impact fee updates. So, what are the impact fee updates for 2024? On this slide, you'll see what the 2023 impact fees were that we collected for single family units and multifamily units. As you've noticed, the 2024 impact fees are both reduced, both for single family and multifamily. So down to uh $5,149 for a single family unit, again, net new, and then down to $352 for each multifamily unit. If the council does not approve the updates to the impact fees tonight, the current fees would remain in place for 2024, but we anticipate we might get challenged on that since the 2024 fees are proposed to be lower. For this last slide to discuss the resolution that you'll be discussing later on, I'm gonna throw it over to the manager. Thank you, Alison. And also maybe maybe joined by the council members who worked with us on this resolution. So uh one of the issues that came up was obviously that very significant drop in impact fees based on the current calculations, and so both staff and council members had questions in the about um given the big need we have of schools.

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