By Theresa Goffredo
Herald Writer
EVERETT — The Everett Public Facility District board of directors voted Wednesday to sue the city to get a court to invalidate an initiative that threatens construction of a new hockey arena and special events center.
The initiative would prohibit construction of the events center on Hewitt Avenue if it is adopted by the Everett City Council or approved by voters. The vote to file the lawsuit was approved by a majority of the five-member PFD board, with Everett Mayor Ed Hansen abstaining.
The board voted to hire Seattle attorney Dick McCann to begin legal action against the city to secure a court ruling on the validity of the initiative filed by members of Citizens for a Better Arena.
The county auditor’s office Tuesday validated the group’s initiative. The auditor found 2,929 of the 4,108 signatures submitted were valid —102 signatures more than needed to qualify the measure.
Everett City Council members can either accept the group’s position and adopt the ordinance or submit the issue for a public vote on the April 23 ballot.
The intent of the PFD is to file the lawsuit before the Everett City Council takes any action.
Though it may seem confusing, the PFD has the right to sue the city. The district is a separate municipal body created by the county to build, own and operate sports facilities and entertainment centers. The district must file the lawsuit against the city, as opposed to the initiative sponsor, Citizens for a Better Arena, because the city is the agency that can actually take action on the initiative.
Indeed, it may seem that a public agency — the PFD — is suing another public agency — the city of Everett — because of an action taken by the public. But the public facilities board believes the lawsuit will prevent any greater harm from occurring, said Fred Safstrom, assistant to the director of the PFD.
"If this initiative is not valid, it will do great damage if it proceeds and goes to a vote and that vote is overturned at the court level," Safstrom said. "Then the project will be gone and the city loses and the citizens lose, too."
Board member Rich Anderson agreed.
"We are disappointed that we have to go to court," Anderson said. "We are well into the project. Delay at this late date would cost millions of dollars and place the entire project at risk of being built at all."
In order to qualify for any state sales tax rebate money, dirt must be turned on the arena project before Jan. 1, 2003. The proposed $56.6 million arena will be paid for with a combination of operating revenues and a state-mandated sales tax rebate paid out over 25 years. Additional revenue would come from existing hotel/motel taxes and an admissions tax.
Also, PFD officials have estimated that if the project is delayed or canceled, as much as $5 million would be lost. The city also has purchased land at the Hewitt and Broadway site for $12.4 million. And the Western Hockey League would withdraw its offer to form an expansion team in Everett if the arena doesn’t open for the 2003-2004 season.
City leaders believe construction of the arena and special events center will help revitalize downtown and bring needed jobs to the city at a time when the economy could use a boost.
Though a standing-room-only crowd attended Wednesday night’s city council meeting, council members listened to comments regarding the proposed arena but didn’t take any action.
City attorney Mark Soine said after the meeting that the city plans on taking action on the initiative before the March 6 council meeting, though he wasn’t specific about what that might be. Soine said he couldn’t comment regarding the PFD lawsuit because it hadn’t been filed.
At Wednesday’s meeting, Citizens for a Better Arena spokesman Michael Cox encouraged the council to "hear the voice of the people."
"And recognize that 3,000 people insist that you listen to them," Cox said.
You can call Herald Writer Theresa Goffredo at 425-339-3097
or send e-mail to goffredo@heraldnet.com.
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