M E M O R A N D U M 04-84

Failed on June 14, 2004.

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: JUNE 8, 2004

SUBJ: VACATION OF A 33 FOOT RIGHT-OF-WAY LYING EAST AND WEST OF KACHEMAK DRIVE, GOVERNMENT LOT 31 AND ASSOCIATED UTILITY EASEMENTS AS RESERVED IN PATENT NUMBER 1173705; WITHIN SECTION 14, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, ALASKA; CITY OF HOMER AND KENAI PENINSULA BOROUGH; KPB FILE 2004-125; KPBPC RESOLUTION 2004-24

Notice of the vacation was received via fax on May 27, 2004 and via mail on June 2, 2004.

In accordance with AS 29.40.140, no vacation of a City right-of-way and/or easement may be made without the consent of the City Council.

The Kenai Peninsula Borough Planning Commission approved the referenced vacation subject to staff recommendation during their regularly scheduled meeting of May 24, 2004.

The City Council has thirty days from May 24, 2004 in which to veto the decision of the Kenai Peninsula Planning Commission.

The City Manager and City Planner recommend that the Council veto this vacation and uphold the Homer Advisory Planning Commission's decision of May 19, 2004, as reflected in the minutes. The Staff Report was PL 04-36.

RECOMMENDATION:

Veto and uphold the Homer Advisory Planning Commission's decision regarding the Vacation of a 33 Foot Right-of-Way Lying East and West of Kachemak Drive, Government Lot 31 and Associated Utility Easements as Reserved in Patent Number 1173705; within Section 14, Township 6 South, Range 13 West, Seward Meridian, Alaska; City of Homer and Kenai Peninsula Borough.

Fiscal Note: NA.