13.50.150 Final decision.
A. Following consideration of the complete record from the public hearing at a closed record hearing on the proposed vacation conducted in accordance with BMC 1.26.050, the city council shall, by motion approved by a majority of the entire membership, either (1) approve the vacation and adopt an ordinance vacating the subject right-of-way; (2) deny the vacation; or (3) remand the matter to the hearing examiner with instructions for further proceedings.
B. The city council may require the following as conditions for approval of the vacation:
1. Compensation:
a. Monetary compensation to be paid to the city in an amount of up to one-half the appraised value for the subject right-of-way; provided, that compensation may be required in an amount of up to the full appraised value of the subject right-of-way if either of the following applies to the street or alley:
i. It has been part of a dedicated public right-of-way for 25 years or more; or
ii. The subject right-of-way or portions thereof were acquired at public expense;
b. The grant of a substitute public right-of-way or other public amenity which has value at least equal to the subject right-of-way; or
c. Any combination of subsections (B)(1)(a) and (b) of this subsection; provided, that the total value of the combined conditions shall not total more than the maximum amount of monetary compensation allowed under subsection (B)(1)(a) of this section.
2. The reservation of easements as provided in BMC 13.50.130.
3. Any special terms agreed to by the city and petitioner in accordance with BMC 13.50.140.
C. Within 15 working days of the city council’s decision, the planning department director shall mail a copy of the decision to the petitioner. [Ord. 2023-09-029 § 2].