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Home My WebLink About11-13-2007 - Supplemental Materials11/13/2007 1625 4254536224 GROEN STEPHENSKLINGE GROEN S )OW M. GWIN 'FrEPHDM PHENS&KLINGE LLP AXLDQE ATTQRN b Y S AT LAW 11100 N E. M STREET, SUM 750 SAMIM A. RODABQUCH KIAN D. AWBARY MIME, WASIn4GTON 98004 November 13, 2007 Via Facsimile PAGE 02 (425) AACSMZ (425) 453-6214 Mayor and Council Members City of Medina 501 Evergreen Point Rd, Post Office Box 144 Medina, WA 98039 RE PR-4 PUBLIC HEARING, NOVEMBER 13, 2007 HISTORICAL USE PERMIT ORDINANCE REVISION Dear Mayor and Council Members: This firm represents Hae C. Lee, the owner of the Medina Store. Please accept this letter as our brief comments on the proposed revisions to the Historical Use Permit Ordinance to' be considered at a public hearing tonight. The timing of this matter (lame duck counsel, City Attorney out of town, and given, the recent events regarding Mrs. Lee) immediately raises our suspicions about the true motivation underlying the proposal. It is, of course, wholly improper, illegal, and unconstitutional to use legislation such as this as a means to attempt to adversely harm Mrs. Lee's property rights and other civil rights. Such bad motives are actionable against the City and those so acting. We want to state for the record that nothing in this proposal should or could affect Mrs. Lee's constitutionally protected vested rights that inhere in the application that is on appeal. Adopting this Ordinance completely outside the normal process for new development regulations is not only imprudent, but illegal as failing to meet the requirements of state law set forth in the Growth Management Act, RCW Chapter 36.70A. In particular, the proposal fails to comply with the public participation requirements therein. Thank you for carefully considering these comments. Sincerely, GROEN STEP14ENS & KLINGE LLP Charles A. Klinge k n a IS �le�,I, ro cc: Hae C. Lee 11/13/2007 16:25 4254536224 GROEN STEPHENSKLINGE PAGE 01 STTEPHENS �&LINGE LL,p ATTORNEYS AT LAW 11100 rLL UM 57R UT SLMM 750 BELLEVLT; WASkM40TON 9M FACSIM.ME November 13, 2007 TO: Rachel Baker, City. Clerk, City of Medina rorsN M. omw WCHAAD M. 9T Ts (4�25) 453-6106 CRAMM A. 1 4ft xACS U WAN D. AMMMU " (44 453.6224 FAX NUMBER: 425 454-8490 FROM: Charles A. Klirt c SUBJECT: PR-4 PUBLIC HEARING, NOVEMBER 13,2007 HISTORICAL USE PERMIT ORDINANCE REVISION TOTAL NUMBER OF PAGES INCLUDING COVER: 2 Original sent via U.S. Mail ❑ Yes Z No Comments: Attached please see letter dated November 13, 2007 regarding the public hearing tonight on the above-referenced'inattcr. Please distribute to the council members fot the hearing. PLEASE NOTIFY US .IMMEDIATELY IF YOU DO NOT RECEIVE ENTIRE TRANSMISSION. THE INFORMATION I CONTAINED IN THIS FAX MAY BE PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECiPiEN?, YOU ARE HEREBY NOTIFIED THAT ANY DtSSItiIINATiON, DISTRIBUTION, OR COPYING OF THIS FAX ISM STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE NOTIFY US BY PHONE AND RETURN, THE ORIGINAL MESSAGE TO US VIA U.S. POSTAL SERVICE. THANK YOU, LUCIUS H. BIGLOW, JR. 2425 Evergreen Point Road Medina, Washington 98039-1531 November 13, 2007 The Medina City Council Madam and Gentlemen, Herewith a copy of a letter sent by me to Mary Odermat last week. Mary has not responded. To what I said to Mary 1 now add for your information: Part of the basis for that letter was the record of the Council meeting on December 8, 2003, at which the Green Store HUP was adopted, after a contentious public hearing. Mary was Deputy Mayor and presided. From said record I think Mrs. Lee has a reasonable basis for believing that the City would eventually give her all that she might want in order to succeed with the Store. This would account for her present apparent frustration and anger. I believe that the public interest requires the reopening of the Store as soon as possible, with all but a small up scale grocery rented to the City for office and storage. The new Council has offered her top dollar for that arrangement, most -favored -nations treatment. In refusing, either she is intransigent or is relying on bad advice. There is a real question (again my belief) as to whether she, having disregarded John Frost's counsel as to how to succeed, which he recently told me that he gave to her and she ignored, and having failed before in the location, is the proper operator of the Store. Her complaint charges Mark Weinberg with having threatened condemnation. He did not, but did advise her that Medina was being far more generous in its offer to her than most cities would be. The best way to bring her to reality seems to me to tell her what the City would pay her for the Store, as is, and to advise her that if she will not cooperate, how much less we will pay in an eminent domain proceeding. Resp tfully.< Lucius H. Biglow, Jr. LUCIUS H. BIGLOW, JR. 2425 Evergreen Point Road Medina, Washington 98039-1531 November 6, 2007 The Hon. Mary Odermat PO Box 467 Medina, Washington 98039 Dear and Continually Honorable Mary, Now is the time for you to come to the aid of Medina, and, incidentally, of Hae C. Lee. There's a hell of a situation in this town, and you, I believe, are needed to remedy it. Mrs. Lee is angry and feels that she has been double crossed. I believe that this is understandable; but I'm sure that nobody ever intended to do that. The neighbors are battle weary, but defensive and hostile. The City believes that it has been more than fair, but may lose patience. The people of Medina (other than those who have already taken sides) want the Store to open and are inclined to think that the City has prevented that. I do not agree with that view. All the lawyers are understandably tempted to formal proceedings and litigation. Your wisdom, experience in the matter and care for all of the parties named above are needed. Please let me take you to lunch (I owe you) and discuss this situation with me. The lawyers, especially, oppose this, and are advising their clients and others accordingly. In all of this I am acting as a private citizen, and not as a member of the Council. My status as a lawyer is "inactive", and 1 represent no one other than myself. Sincerely, cc: Mrs. Hae C. Lee, Wayne Tanaka, Jerry Lutz, Charles Klinge, Mark Weinberg, Miles Adam