HomeMy WebLinkAbout03-26-2008 - Agenda PacketMEDINA, WASHINGTON
CITY COUNCIL
SPECIAL MEETING AGENDA
MEDINA CITY HALL COUNCIL CHAMBERS
MARCH 26, 2008
6:00 PM
MAYOR
MARK NELSON
DEPUTY MAYOR
JIM LAWRENCE
COUNCIL MEMBERS
LUCIUS BIGLOW
DREW BLAZEY
BRETJORDAN
BOB RUDOLPH
SHAWN WHITNEY
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
EXECUTIVE SESSION
The Council will convene in closed session to discuss:
INTERIM CITY MANAGER
MIKE CALDWELL
CITY ATTORNEY
WAYNE TANAKA
CITY CLERK
RACHELBAKER
6:00 PM
ES-1: Executive session pursuant to RCW 42.30.110(1)(i), to discuss with legal counsel
litigation to which the City is a party.
(Any action of the Council will be taken in open session.)
OTHER BUSINESS:
OB-1: Medina Green Store; Historical Use Permit No. 2007-01
Recommendation: Motion to establish the process and schedule for consideration of the Green
Store HUP 2007-01, pursuant to order of remand issued by King County Superior Court.
ADJOURNMENT
Next meeting: Monday, April 14, 2008; 6:30 pm
Medina City Hall • 501 Evergreen Point Road • Medina WA 98039
425-233-6400 ph • 425-454-8490 fx • www.medina-w� .qov
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Hae C. Lee,
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR KING COUNTY
Petitioner,
Cause No. 07-2-34157-9 SEA
vs. ORDER OF REMAND AND
DISMISSAL OF LAND USE
City of Medina, PETITION ACTION
Respondent. (Clerk's Action Required)
This matter came before the Court on the Petitioner's Motion for Remand Due to Failure to
Obtain Four Votes. Respondent City of Medina has conceded error and the need for remand.
Having considered Petitioner's Motion, Respondent's Response, Petitioner's Reply, and the e-
ntail communication of the parties dated March 10, 2008, IT IS HEREBY ORDERED THAT:
1. Petitioner Hae C. Lee's Motion for Remand is granted;
2. Because the City Council's vote on Resolution No. 330 failed to obtain the four votes
needed under the Medina Municipal Code 17.94.110.D and because, therefore, the City
Council engaged in unlawful procedure or failed to follow a prescribed process and the
error was not harmless, the City Council's action on Resolution No. 330 is reversed.
t
Order of Remand
ORIGINAL
Kiog County Superior Court
516 Third Avenue
Seattle WA 98104
(206)296-9235
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3. The matter is remanded for further proceedings pursuant to RCW 36.70C.140, Further,
this Court declines the invitation to provide an advisory opinion as to whether the remand
should be handled by the City Council or the Hearing Examiner. Such direction appears to
exceed the scope of an order of remand contemplated in RCW 36.70C.140. The Court,
however, notes that there does not appear to be any authority for the City of Medina's
proposal to send the matter to the Hearing Examiner as a "closed record hearing."
4. As the remand in this case effectively grants Petitioner the relief requested in the LUPA and
renders the potential issues raised therein moot, the Petition is dismissed.
Given Respondent's concession that remand is necessary, the Court requires no oral
argument prior to entry of this Order.
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Order of Remand
Done this _� day of \tea- 4J 2002
JudgjAJggFRO� M. RAMSDELL
King County Superior Court
516 Third Avenue
Seattle WA 98104
(206)296-9235