HomeMy WebLinkAboutResolution No. 442CITY OF MEDINA, WASHINGTON
RESOLUTION NO.442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, ADOPTED PURSUANT TO RCW 36.70A.390 AND RCW
35A.63.220, EXTENDING THE MORATORIUM ADOPTED BY THE MEDINA CITY
COUNCIL UNDER RESOLUTION NO. 438 FOR AN ADDITIONAL SIX-MONTH
PERIOD TO PREVENT THE SUBMISSION, RECEIPT AND PROCESSING OF
STREET VACATION PETITIONS AFFECTING ANY RIGHTS OF WAY WITHIN
THE CITY; ADOPTING SUPPORTIVE FINDINGS AND A WORK PLAN; SETTING
AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Medina (City) regulates the use and development of land within the
City through the standards and procedures codified in the Medina Municipal Code (MMC),
including the vacation, acquisition, use and development of the City's roads and rights -of -way
(collectively ROW) under MMC Chapter 16.12; and
WHEREAS, the City's ROW are highly visible and are extremely important to the City's
current and future transportation needs; and to the City's character, identity and development;
and comprise a significant and valuable public asset related to the City's long term planning goals
and community vision; and
WHEREAS, the City received and processed three different ROW vacation petitions in
recent years, each of which presented unique issues and concerns; consumed significant City
resources, staff time and expenses to review and decide; and resulted in the subsequent
preparation, review and adoption of MMC modifications to better regulate and protect the City's
ROW and provide better guidance to the public, City and Council concerning the issues and
processes involved in such petitions; and
WHEREAS, in the process of reviewing and acting on those ROW vacation petitions the
City and Council became aware of the need for further changes in the MMC to address adequate
and timely public notice requirements, cost identification, limitation and recovery; and evaluation
of potential gift of public funds issues; and the establishment of long term planning and use polices
which can be timely integrated into the City's ongoing 2024 Comprehensive Plan update; and
WHEREAS, the City and Council desire to undertake the work described above without
having disruptions or interruptions that would be created by the filing of any ROW vacation
petition; and
WHEREAS, the City Council wishes to temporarily suspend filing of any ROW vacation
petitions in order to enable the City's comprehensive and timely review, promulgation and
adoption of street vacation policies and regulatory changes, and to that end shall use the statutory
authorities above and others as applicable, to perform, extend, complete and terminate the
moratorium(s) authorized by this Resolution, all as the City Council may then determine to be
necessary or appropriate; and
Resolution No. 442 Page 1 of 4
WHEREAS, on October 23, 2023 the City Council adopted Resolution No. 438 establishing
a six-month moratorium on acceptance and processing of any applications for ROW vacation; and
WHEREAS, that moratorium will expire on April 23, 2023, unless it is extended; and
WHEREAS, on February 26, 2024, the City Council held a study session and discussed
extending the moratorium and establishing a Work Plan; and
WHEREAS, the Council directed a public hearing be duly noticed and held on April 8,
2024 for considering a six month extension of the moratorium and adoption of the Work Plan; and
WHEREAS, the duly -noticed the public hearing was held by the City Council on April 8,
2024 and having considered the matter, the City Council finds it in the public health, safety, and
general welfare to extend the moratorium for an additional six months and to adopt the proposed
Work Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
RESOLVES AS FOLLOWS:
Section I. Preliminary Findings in Support of Resolution. The City Council hereby
adopts the foregoing recitals as its findings in support of this Resolution and additionally adopts
the following findings in further support of this Resolution:
1.1 The City is authorized pursuant to applicable state law, including without
limitation RCW 35A.63.220 and RCW 36.70A.390, to adopt temporary moratoria for the purpose
of preserving the status quo while new policies and standards are considered, prepared and
enacted.
1.2 Imposing a temporary moratorium upon the receipt and processing of ROW
vacation petitions as provided herein will serve the public interest by ensuring that such proposals
will not be considered, reviewed and/or evaluated under the City's current policies and
regulations, which the Council intends to study, update, amend and adopt.
1.3 Adoption of this Resolution is necessary to prevent the accrual of claimed
or vested rights that are or may be inconsistent with the City's community planning activities and
vision as articulated herein. As such, a public emergency exists requiring that this Resolution take
effect immediately upon passage.
Section 2. Temporary Moratorium Imposed; Duration. The City Council hereby
imposes a moratorium upon the receipt and processing of any and all ROW vacation petitions
affecting City ROW. Said moratorium shall be for an initial period of six months and shall include
all extensions thereof as may be approved by the City Council.
Section 3. Effective Date of Resolution and Moratorium. This Resolution and the
moratorium adopted herein shall be effective on the date of its adoption by the City Council as set
forth in Section 6 below (Effective Date).
Section 4. Adoption of Work Plan. The City Council hereby adopts the Work Plan that
is attached to this Resolution as Exhibit "A".
Resolution No. 442 Page 2 of 4
Section 5. Interpretation. Under the direction of the City Manager, City Staff is
authorized to apply, construe, administer, and issue interpretations of this Resolution.
Section 6. Effective Date. This Resolution shall be in full force and effect immediately
upon passage and signature by the Mayor and provided by law and shall remain effective for a
period of up to six (6) months unless terminated earlier.
Section 7. Severability. If any section, sentence, clause, or phrase of this Resolution
should be held to be invalid or unconstitutional by a court or other tribunal of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other section, sentence, clause, or phrase of this Resolution.
PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 8th DAY OF
APRIL, 2024 BY A VOTE OF __�-A_ FOR, Q AGAINST, AND Q ABSTAINING, AND SIGNED
IN AUTHENTICATION THEREOF ON THE 8th DAY OF APRIL, 2024.
APPROVED AS TO FORM:
Inslee, Best, a Ryder, P.S.
r
n fifer
7,Robertson, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 442
ATTEST:
Aimee Kellerman, City Clerk
Resolution No. 442 Page 3 of 4
EXHIBIT "A"
WORK PLAN FOR RIGHT OF WAY VACATION
1. Review of Existing Rights of Way.
a) Working to identify Medina rights of way, whether opened or unopened,
including identifying unpaved portions of opened right of way.
b) Review projected future land use in the City and projected impacts on use
of opened rights of way and projected need for expansion of existing right
of way or improving unopened right of way for transportation and other
public purposes, including landscaping, parking, ped/bike use, etc.
c) Identifying future public use of unopened or unimproved portions of rights
of way.
2. Review of Chapter 12.44 MMC.
a) Consider whether updates are needed. Possible updates may include
revisions focused on creating additional transparency, including additional
process, public notice, and outreach.
b) Updates may also include specific additional analysis performed by staff.
c) Updates may also include new code to create a similar process for
applications to vacate utility easements.
d) Establish a schedule to bring forward any proposed revisions to Council so
that the updates take effect prior to expiration of moratorium.
3. Creation of City Policy.
a) Consider the creation of internal policy for processing petitions for vacation
and evaluating petitions for vacation, including:
• adding additional council touch points (i.e., study sessions as well
as the public hearing),
• establishing standards for informing the general public about
pending petitions for vacation, and
• requiring staff analysis of future development patterns in Medina
and the need for rights of way with that context.
Resolution No. 442 Page 4 of 4