Land sale gives rise to dispute
Published 12:14 pm Thursday, December 11, 2008
By Dennis Box
The Courier-Herald
Three council members walked out of an executive session during the July 5 Bonney Lake City Council workshop due to a disagreement over a proposed land sale.
Deputy Mayor Dan Swatman and Council woman Cheryl Noble left the meeting first, followed by Councilman Neil Johnson.
"My opinion was it was an illegal executive session," Swatman said. "There are certain things we can talk about in an executive session and I disagreed with this one."
At issue was resolution 1452 concerning the sale of surplus land, 2.247 acres, that was purchased to obtain right of way for the design of a road extending from 184th Avenue East to the north and tying into 182nd Avenue East.
The city has set a minimum bid at $9.50 per square foot or $929,854.
"I felt this was in violation of the Open Meetings Act," Noble said.
Mayor Bob Young disputed the interpretation that the meeting was illegal.
"We got an offer (on property) and it is only right to discuss it in executive session," Young said. "The law says if discussion in public might lower the value (of the property) we have the right to go into executive session. The dollar amount offered should not be public. Our (city) attorney was comfortable with the executive session. When the attorney is comfortable I'm going to believe him over a couple of council members."
Dan Rattenbury, owner of Priced Right Print and Sign, a business adjacent to the surplus property, said he is interested in a piece of the parcel, while another party is interested in the rest of the surplus land.
"We are interested in the entire block," Rattenbury said. "I'm interested in the sliver and the other person is interested in the rest and together we could develop it all in a way that makes sense."
City staff reported the small parcel next to Priced Right Print and Sign would allow the business parking and access for the business.
Planning Director Bob Leedy said the city contacted the business owner to inform him about the surplus land sale.
Young noted he had no hand in the negotiations, but felt the business owner should be assured access for his business.
Johnson said the downtown-zoning plan needs to be in place before the land is sold.
"We get one shot to do this right," Johnson said. "We need to do everything we can to create things the way we want it. To get this land a person should have to provide certain things. This gives the city the biggest bang for the buck."
The Municipal Research and Services Center of Washington stated on its Web site an executive session is a special meeting by a governing body closed to the public. According to state law, an executive meeting can be held for the following reasons:
€ to consider matters of national security;
€ to consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
€ to consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such a consideration would cause a likelihood of decreased price. However, final action selling or leasing property shall be taken in a meeting open to the public;
€ to review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased cost;
€ to receive and evaluate complaints or charges brought against a public officer or employee, however, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;
€ to evaluate the qualifications of an applicant for public employment or to review the performance of a public employee;
€ to evaluate the qualifications of a candidate for appointment to elective office, however, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;
€ to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.
Dennis Box can be reached at dbox@cmg-northwest2.go-vip.net/courierherald.
