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Disagreement between Fish Food Bank attorney and board clouds proposed Hunt Street transfer for affordable housing
Summary
City staff reported that Fish Food Bank told the city it would return two Hunt Street parcels for use in affordable housing, but the proposed deed language from the food bank's attorney would require the city to lease 3,000 sq ft back to Fish for 35 years and makes no mention of affordable housing, creating a contradiction that the board president urged attorneys to resolve.
City staff told the council that Fish Food Bank representatives have indicated an interest in returning two Hunt Street parcels to the city for affordable housing, but attorney-prepared deed language appears to conflict with the board's reported vote.
Housing, health and human services program manager Shay Smiley summarized the ownership and recent offers: the parcels were deeded to the city from Pierce Transit in 2018 for public purposes and then deeded to Fish Food Bank for a five‑year period to build a storage facility; that deed was extended in July 2023 and is set to expire in December 2028. Smiley said Fish representatives later told staff the organization voted to give the property back to the city for affordable housing, and legal documents were being prepared.
A proposed deed Smiley received on March 13 did not mention "affordable housing," she said. Instead, the attorney-drafted language described a condition that if buildings were erected, the city would be required to lease at least 3,000 square feet to the food bank for 35 years at a nominal base rent for use as an enclosed storage unit. Smiley said that proposed change "had no mention of affordable housing." She told the council staff had asked the food bank for a board letter before investing staff time.
Public comment: Ron Cohen, who identified himself as "president of the board for Fish Food Bank," told the council he believed the board and its attorney agreed on turning the property over for affordable housing and called the apparent contradiction confusing. Mayor suggested the parties have attorney-to-attorney discussions to resolve the discrepancy.
Implications and next steps: Staff included copies of prior deeds and the proposed documents in the agenda packet and recommended attorney-level coordination to clarify the board's intent and the deed language before any final action. The council did not vote on the matter at the session; Smiley said staff will report back after legal review and receipt of any clarifying board documentation.
Key details: the food bank's deed extension runs through December 2028; the attorney's draft would require the city to lease 3,000 sq ft to the food bank for 35 years at nominal rent if buildings are constructed; staff requested a board-level written confirmation of intent from Fish before proceeding.
