HomeMy WebLinkAboutResolution No. 434N*TSIAWi�*, �
Resolution No. 434 Page 1 of 3
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 Council may then determine to be necessary or appropriate; and
WHEREAS, it is necessary for the Council to impose a temporary moratorium as
permitted under the authorities described herein in order to preserve the status quo
with regard to City ROW and prevent filing of ROW vacation petitions until such time as
the work described herein is deemed completed by the Council.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
RESOLVES AS FOLLOWS:
Section 1. Preliminary Findings of Fact. The City Council hereby adopts the
foregoing recitals as its preliminary 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 hereby imposes
an immediate 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 Council.
Section 3. Effective Date. The moratorium adopted by this Resolution shall be
.mmediately effective on the date set forth in Section 7 of this Resolution.
Section 4. Initial Public Hearing. The Medina City Clerk is hereby authorized and
directed to schedule a public hearing on the moratorium imposed by this Resolution, and to
provide notice thereof in accordance with applicable statutes, standards and City policies. Said
hearing shall be held not later than 60 days after the date of adoption of this Resolution as set
forth in Section 7 below. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the Council may
adopt additional legislative findings in support of this Resolution at the conclusion of said
hearing.
Section 5. Interpretation. The City's Director of Development Services or his/her
designee is authorized to construe, administer, and issue formal interpretations of this
Vesolutiot.
Section 6. 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.
Resolution No. 434 Page 2 of 3
Section 7. Declaration of Emergency; Effective Date; Sunset. Based upon the
findings set forth above, the Council hereby declares a public emergency requiring this
Resolution to take effect immediately. This Resolution shall accordingly be in full force and
effect immediately upon its passage and shall remain effective for a period of six (6) months
unless terminated earlier or extended to a new date by the Council; provided that the Council
may, in its sole discretion, renew the moratorium imposed by this Resolution for one or more
month periods in accordance with state law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON JUNE 12,2023, B'T A
VOTE OF -7 FOR, 0 AGAINST, AND 0 - ABSTAINING, AND SIGNED IN
AUT
Scott M. Missall, City Attorney
Ogden Murphy Wallace, PLLC
/Aisica Rossmafi, Mayor
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M0611
770 �-- , 11113 X� --
Aimee Kellerman, City Clerk
Resolution No. 434 Page 3 of 3