Kirkland City Council Regular Meeting – October 1, 2024

The Kirkland City Council met on Tuesday, October 1, 2024, for a study session beginning at 5:30 PM and a regular meeting at 7:30 PM, adjourning at 10:16 PM. The study session included a joint meeting with the Senior Council and a preliminary review of fire and parks impact fees. The regular meeting featured a proclamation for Indigenous Peoples’ Day, a donation toward the Pride crosswalk repair, multiple public comments, and action on several business items including opposition to the Kroger-Albertsons merger, adoption of public records rule amendments, and discussion of business license code amendments, the Transportation Strategic Plan, and the 100th Ave NE roadway improvements.

Consent Calendar

• Approved unanimously (7-0): Minutes of September 17, 2024; Audit of Accounts (payroll $5,810,918.35, bills $9,469,327.08); Claims for Damages from Tan-Hai Nguyen, Zachary R. Shaw, and Darren Trautmann; Resolution R-5647 relinquishing city interest in unopened right-of-way to William and Peggy Jergesen; Proclamations for Walk and Roll to School Month, Disability Awareness Month, Domestic Violence Awareness Month, and National Code Compliance Month; August 2024 Sales Tax Report; and Procurement Report.

Public Comments & Testimony

• North Lake Academy Homeless Encampment (3 speakers): Jyothsna Ventrapati, Navreet Mathur, and Tejal Gupte expressed safety concerns for students and teachers due to a growing homeless encampment near the school. They requested prompt removal, citing lockdowns due to a man banging on windows with a knife, unsanitary conditions, and children unable to use the adjacent playground. The speakers felt prior city responses were dismissive.
• Kroger-Albertsons Merger (1 speaker): Deirdre DeWan Johnson opposed the merger, noting Kirkland would lose four grocery stores and that the divested stores are not full-service. She also criticized the Planning Commission’s late addition of density language tied to full-service grocery stores in the comprehensive plan, requesting removal of “potential to be 10-minute neighborhoods” from policy LU 2.6.
• Caroline Woods Park (1 speaker): Jennifer Loy detailed a dispute with the Parks Deputy Director over tree saplings obscuring a playground, alleging unprofessional behavior and lack of follow-through from staff, though the saplings were later moved by a maintenance manager.
• Comprehensive Plan Process (2 speakers): Louita Hawkinson urged elected commissioners and called for history education for planning bodies; Bonnie Mcleod criticized a “sham history” in the comprehensive plan, urging the city to gather authentic resident histories rather than check boxes.
• Transportation Strategic Plan Support (1 speaker): Kyle Sullivan voiced strong support for the plan, calling it a roadmap for sustainable transportation and noting e-bike proliferation as a positive trend.
• Bicycle & Pedestrian Safety (2 speakers): Michelle Plesko highlighted dangerous driver behavior on NE 60th Street, where her teenage daughter on an e-bike was harassed. Amy Tarz urged the TSP to prioritize transit services in low-density neighborhoods and link mitigation measures to the supplemental EIS.
• Lighting and Multi-Generational Housing (1 speaker): Lisa Berenson requested light shields to prevent light trespass on Wanita Drive and advocated for multi-generational affordable housing to meet youth needs.
• Planning Commission Appointments (2 speakers): Kyle Sullivan and Jill Stoddart urged the council to conduct an open, competitive application process for the Planning Commission vacancy rather than appointing a pre-designated alternate, citing concerns over transparency, professional diversity, and the appearance of gaming the system.
• Public Records Act (1 speaker): Susan Davis questioned the city about a 2019 ordinance (O-4697) regarding workforce housing at former Councilmember Pantley’s properties, stating her public records request yielded no documents, and asked for an update.
• Miscellaneous (1 speaker): Alex Tsimmerman made an extended statement criticizing the council and others, employing offensive language.

Discussion Items

Study Session

• Special Joint Meeting with the Senior Council: Senior Council members presented year 2024 accomplishments (art show, Viva Volunteers database, senior resource guide, neighborhood outreach, advocacy). They recommended:
  • Age-Friendly Cities: John Barnett urged Kirkland to join the AARP network of age-friendly states/communities, following Renton’s example, to conduct a needs assessment and action plan.
  • Transportation Shuttle: Karen Hartmann proposed a pilot shuttle service (two days per week, AM/PM) using the community van at North Kirkland Community Center to fill Metro gaps. Deputy Mayor Arnold and Councilmember Black expressed interest in the pilot concept and suggested coordination with the Transportation Commission.
  • Housing: Barb Loomis advocated for affordable senior housing with universal design, air conditioning (citing climate extremes), and inclusion of senior input early in planning. Council discussed universal design standards and the upcoming State Building Code Council review. Mayor Sweet noted the importance of integrating senior housing criteria.
• Preliminary Fire and Parks Impact Fee Review: Consultants from FCS Group presented updated fee methodologies:
  • Fire: Fees would increase slightly, with a proposed phase-in for healthcare and schools (three years). Existing assets drive most costs. A scaled fee per square foot was presented.
  • Parks: The maximum allowable fee ($13,695 per average dwelling unit) is significantly higher than the current fee ($8,300). Staff recommended continuing CPI escalation rather than adopting the maximum. Council discussed options for a per-square-foot fee with minimum/maximum, and requested information on what capital projects would be funded at the maximum level. Council also questioned the link between comp plan housing growth numbers (13,200 units) and the impact fee growth assumptions.

Regular Meeting Business

• Indigenous Peoples’ Day Proclamation: Councilmember Pascal read the proclamation. Nancy Sackman (Duwamish Cultural Preservation Officer) accepted, joined by Duwamish Tribal Council Chair Cecile Hansen and others. She called for respectful land stewardship.
• Kirkland Parks and Community Foundation Donation: Executive Director Carmin Dalziel presented a check alongside Emily Gamble, Gary Zaretti, and Adam White to cover repair of the vandalized Pride crosswalk at Marina Park. Speakers emphasized the crosswalk as a symbol of resilience and inclusivity.
• Consideration of Actions Opposing the Kroger-Albertsons Merger (9.c):
  • Resolution R-5649 opposing the merger was approved unanimously (7-0).
  • The council then suspended rules and approved a fiscal note for up to $5,000 from the Council Contingency Fund to hire outside counsel to file an amicus brief in King County Superior Court, emphasizing Kirkland-specific impacts. The motion passed 7-0. City Manager noted the Deputy City Manager would discuss joint participation with other cities at the King County City Managers Association meeting.
• Proposed Business License Code Amendments (9.d): Financial Operations Manager Tim Hanser presented Ordinance O-4888 to simplify administration and reduce business compliance costs. Key changes: eliminating license requirements for businesses already exempt from city fees (saving $55 initially, $5 annually), exempting businesses earning under $20,000 from the RGRL, clarifying remote worker counting, and reducing late fees (eliminating fees for ≤29 days late, reducing for 30-59 days late, estimated $35,000 annual revenue loss). No action was taken; council will revisit on November 6 after further discussion on late fee issues raised by Councilmember Pascal and language clarifications from Councilmember Black.
• Public Records Act Rules & Code Amendments Adoption (9.e): Administrative Services Manager Elizabeth Adkisson presented updates to Ordinance O-4887 and Resolution R-5648, responding to council feedback on public posting of PRA rules and disclosure logs, and ensuring equal treatment of multiple requesters. Both were approved unanimously (7-0).
• Draft Transportation Strategic Plan (9.a): Transportation Manager Doug McIntyre, along with Transportation Commission Chair Brian McGee and Vice Chair Patrick Boo, presented the final draft. The commission recommended three amendments: edits to freight narrative, updated functional classification map, and language for measures/monitoring. Council provided direction to: add a policy on dedicated funding for street preservation (Deputy Mayor), acknowledge Metro Flex pilot status and seek sustaining service, identify a pedestrian network vision map (Councilmember Pascal), incorporate stronger language on greenhouse gas reduction targets and local transit service creation (Mayor Curtis, Councilmember Black, Councilmember Sweet), and add an acknowledgments page. The updated TSP will return November 6 with a final adoption target of November 19.
• 100th Ave NE Roadway Improvements Update (9.b): Capital Projects Supervisor Laura Drake reported unanticipated construction issues: utility delays, increased flaggers for linear construction, wall quantity miscalculation, and removal of 175 trees (with 199+ replacements). Staff requested $1 million contingency replenishment, already reflected in the draft CIP. Council questioned cost recovery from franchise utilities and noted the need to improve tree retention assessments. Council also inquired about safety claims; a few were related to PSE patch failures, handled. No formal action taken; the item will return for CIP adoption in December.
• Sound Cities Association 2025 Regional Boards and Committee Appointments (9.f): Government Affairs Manager Diana Hart outlined the nomination process. Mayor Curtis intends to step down from PSRC Growth Management Policy Board and Regional Water Quality Committee, creating opportunities. Councilmembers were asked to express interest by October 17. Council discussed potential interest in the King County Regional Homelessness Authority and the Mental Illness and Drug Dependency Advisory Board.

Key Outcomes

• Approved Consent Calendar 7-0.
• Approved Resolution R-5649 opposing Kroger-Albertsons merger 7-0.
• Approved fiscal note (up to $5,000 from Council Contingency Fund) for amicus brief 7-0.
• Approved Ordinance O-4887 and Resolution R-5648 amending Public Records Act rules 7-0.
• No action on business license amendments (Ordinance O-4888); will return November 6.
• Directed staff to incorporate council feedback into Transportation Strategic Plan and return November 6 with revisions; adoption target November 19.
• Directed staff to pursue cost recovery from franchise utilities for 100th Ave NE project delays.
• Directed staff to bring report on impact fee options and enrollment in age-friendly cities network at a future meeting.
• Council member reports noted housing coordination meeting with Lake Washington School District and regional committee updates.