The staff report on the right-of-way vacation stated, “The (proposed) vacated right-of-way … is not needed for any public purpose or use.” The fair market value of the land is $112,721.73. Through the city’s Vacation Ordinance, the city could ask for half of the appraised value of the land, $56,360.87. But instead of paying any monetary compensation, the owner proposed something different: to give the city public easement to his property (approximately 200 square feet) that would allow the city to put a wayfinding sign there. Though the sign would be maintained by the city, the proposed easement would require the property owner to landscape the area around the sign and to supply lighting for the sign. Forever.

City Councilman Chuck Price asked whether the area in question was adjacent to an existing retention pond that flows into Lake Leota. Yoshihiro Monzaki, senior engineer for the city, said that was true. Price said that since the city was concerned about surface water issues in that area and what might be needed in terms of protecting Lake Leota and the groundwater system, he thought the city might need the land in the future for water quality treatment. He’d hate to see the city sell it for half price, then have to buy it back at full price, or more.

“Without those questions answered, I wouldn’t recommend proceeding at this time with a vacation,” said Price.

John Coughlin’s business is at 15606 Woodinville-Duvall Road. He doesn’t have anything against the Hilltop commercial center, he said.

“It’s growth,” said Coughlin. “It’s good for me.”

He is concerned about traffic safety in the vicinity of 156th and the Woodinville-Duvall Road, especially between 9 and 11 a.m. and 3:30 and 6 p.m. He said on average, there are two accidents a week at this location. He mentioned fatalities within a quarter mile of the proposed center.

Make sure the entrance and exit to the center are safe, he said.

“It is impossible to come out of that piece of land and expect to go left to Duvall,” said Coughlin. “It would be impractical and impossible.”

Norm Maddex lives about a quarter mile from the proposed commercial center. He disagreed with the statement that the vacated right-of-way wasn’t needed for any public purpose or use. He said it was his understanding that the existing retention pond on the property was specifically put there to help protect the runoff from the Shell gas station and the area around it into Lake Leota. He thinks that the developer should be required to use all or part of the vacated land for stormwater drainage.

Lynn Edmark said the plat map in the staff report misrepresented the site and was incorrect. She also said several years ago, it was said that there would be no further development in this area without sewers. She said the city might want to consider condemning the land and using it for a pumping station in the future.

“I am definitely against the right-of-way vacation as portrayed on this map,” said Edmark.

Barbara Nelson said she represented the property owner of the Hilltop commercial center. She said the property owner is required to put sidewalks and a retention system all the way around the property.

“Everything that has been designed has been followed by the City of Woodinville staff,” said Nelson. “We have done nothing but follow the exact design requirements (prescribed by the city).”

Susan Boundy Sanders said many stormwater retention sites within the city are under city ownership. She thinks that’s a good model to follow so that there aren’t any misunderstandings in the future about people who claim to be working in behalf of the citizens but then accuse the city of a taking when it wants a stormwater retention facility on their land. She thinks it’s better to have that space under city ownership.

Price said he thought the map in the staff report was accurate. It was just missing information. It doesn’t show the existing retention pond on the property. It doesn’t show where the right of way is. It’s missing topographical information. He said he didn’t think the council had enough information to grant the vacation at this point. The only time a city should vacate property is if the city knows beyond all certainty that it will not, nor ever, need the property for any reason, said Price.

“If there is any doubt that the public might need it again, you don’t give up that right of way, he said. “My recommendation is to deny the application.”

Councilman Mike Roskind said he walked the property and couldn’t tell where the vacation would take place. He asked for a better description of the property to be vacated.

“A plot and an overlay would be helpful,” said Roskind.

Councilman Don Brocha said that the city was looking at an environmental mapping of the area up there. Stormwater is a concern, he said. The city needs to determine whether it needs some type of regional facility there.

Councilwoman Gina Leonard said that the smart thing to do is walk away from the vacation for now until the city can map the environmental issues and requirements that it will need for the area.

Councilman Scott Hageman said with safety and traffic concerns along the Woodinville-Duvall Road, with environmental issues in the area tied to the moratorium, and with the potential need for additional stormwater facilities in that area, he thought the city should not accept the vacation.

The council voted 6-0 not to accept the application for vacation, with Mayor Cathy VonWald absent.