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04/30/2010 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES Special Meeting April 30, 2010 At 9:15 a.m., Mayor Haakenson announced that the City Council would meet in executive session regarding negotiations for the purchase of real estate. He stated that the executive session was scheduled to last approximately 45 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Haakenson, and Councilmembers Bernheim, Plunkett, Fraley-Monillas, Buckshnis, and Wilson. Others present were Finance Director Lorenzo Hines, City Attorney Scott Snyder, Community Services/Economic Development Director Stephen Clifton, Parks & Recreation Director Brian McIntosh, City Clerk Sandy Chase and Bill Bickel, Champion Real Estate Services. At 10:02 a.m., Mayor Haakenson announced the Council had asked to extend the executive session for 15 minutes. At 10:15 a.m., Mayor Haakenson announced the Council had asked to extend the executive session for an additional 30 minutes. The executive session concluded at 10:53 a.m. The special City Council meeting was called to order at 10:55 a.m. by Mayor Haakenson in the Council. Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Steve Bernheim, Council President D. J. Wilson, Councilmember Michael Plunkett, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ELECTED OFFICIALS ABSENT Strom Peterson, Councilmember Dave Orvis, Councilmember 1. 2. APPROVAL OF AGENDA STAFF PRESENT Gerry Gannon, Assistant Police Chief Don Anderson, Professional Standards Sergeant Stephen Clifton, Community Services/Economic Development Director Brian McIntosh, Parks & Recreation Director Lorenzo Hines, Finance Director MaryAnn Hardie, Human Resources Analyst Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA, REVERSING THE ORDER OF AGENDA ITEMS 3 AND 4. MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS A. ROLL CALL Edmonds City Council Approved Minutes April 30, 2010 Page I 4. POTENTIAL ACTION REGARDING THE PURCHASE OF REAL ESTATE WHICH MAY INCLUDE APPROVAL OF A PURCHASE AND SALE AGREEMENT. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO AUTHORIZE THE MAYOR TO EXECUTE A COUNTER OFFER TO THE BANK THAT CLARIFIES THE ROLES OF THE AGENT IN THE TRANSACTION, REQUESTS FROM THE BANK COMPLETION OF A CURRENT FORM AND REQUESTS AN ADDITIONAL 60 DAY DUE DILIGENCE PERIOD IF CERTAIN ENVIRONMENTAL CONSEQUENCES ARE DEVELOPED. MOTION CARRIED (4-1), COUNCILMEMBER WILSON VOTING NO. 3. AUDIENCE COMMENTS Roger Hertrich, Edmonds, invited the Council and the public to the Better Living Lifestyle Fair underway now at the South County Senior Center. Todd Cloutier, Edmonds, agreed the Edmonds Bowl was beautiful and should stay that way and he did not support taller building on the waterfront. He pointed out Edmonds' economy lagged behind other cities in Snohomish County and has for the past ten years. The Council appointed an Economic Development Commission (EDC) to address that issue. The Commission is snaking progress; however, many of the ideas they are developing will require funding, an investment in the City's economic future. The purchase of the Skipper's property would remove resources that could be used for legitimate economic development, particularly since other funds are not available. Instead of purchasing the property, he urged the Council to look closely at zoning the property to ensure any legal use by the land owner would be in keeping with the character of the Downtown Waterfront Activity Center. He also proposed the Council call on the EDC for specific proposals aimed at long term economic development and to apply available funds to those purposes. Al Rutledge, Edmonds, Observed the Council had extended the purchase timeline for the property. Next, he questioned whether there was another potential offer on the Skipper's site. He suggested due to the City's financial problems, a group of citizens purchase the property such as has been done to purchase stadiums. 5. SKIPPER'S PROPERTY PURCHASE AND SALE AGREEMENT -- DUEDILIGENCE ACTIVITIES. Council President Bernheim suggested deferring action on the due diligence contracts until the Council received a response from the bank. Councilmember Plunkett agreed, explaining the intent of the counter offer was to get the property off the market and allow the Council to do due diligence. To those who think the Council is paying too much for the property, the due diligence will provide further information. It would not be appropriate for the Council to sign due diligence contracts until the property is secured. The future purchase will be subject to the City's satisfaction with the due diligence and the price. Councilmember Wilson explained there is an offer behind the City's offer for slightly less than $1.1 million. It is not an all cash offer like the City's offer. He anticipated upon the Council's counter offer, the real estate agent would present the bank with the second offer as well. The Council should learn more about the bank's response to the Council's counter offer this afternoon. Thus it was appropriate for the Council to delay action on the due diligence contracts until they learned whether the property had been secured. Edmonds City Council Approved Minutes April 30, 2010 Page 2 Mayor Haakenson commented it was optimistic to think the Council would have a response from the bank by the end of the day. 6. MAYOR'S COMMENTS Mayor Haakenson had no report. 7. COUNCIL COMMENTS Councilmember Buckshnis provided a reminder of the Town Hall meeting scheduled tonight from 6:00 to 8:00 p.m. at the Colonial Pantry Restaurant in Firdale Village. 8. ADJOURN With no further business, the Council meeting was adjourned at 11:05 a.m. GARY PAA T SON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes April 30, 2010 Page 3 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5t" Avenue North, Edmonds SPECIAL MEETING APRIL 30, 2010 9:00 a.m. - Executive session regarding negotiation for the purchase of real estate. 9:45 a.m. - Call to Order and Flag Salute 1. Approval of Agenda 2. Approval of Consent Agenda Items A. Roll Call 3. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 4. (15 Min.) Potential action regarding the purchase of real estate which may include approval of a purchase and sale agreement. 5. (30 Min.) Skipper's property purchase and sale agreement - due diligence activities. 6. ( 5 Min.) Mayor's Comments 7. (15 Min.) Council Comments ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at 425.775.2525 with 24 hours advance notice for special accommodations.