M E M O R A N D U M 04-94

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: JUNE 22, 2004

SUBJ: VACATION OF A PORTION OF STARR ROAD, PALMER STREET AND ASSOCIATED UTILITY EASEMENTS AS DEDICATED BY PALMER PINES SUBDIVISION ADDITION NO. 03 (PLAT HM 2002-21); WITHIN SECTION 3, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, ALASKA; AND WITHIN CITY OF HOMER AND KENAI PENINSULA BOROUGH; KPB FILE 2004-006.

Notice of the vacation was received via fax on June 18, 2004 and via mail on June 22, 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 June 14, 2004 and the Homer Advisory Planning Commission approved this vacation during their Regular Meeting of June 16, 2004 via Staff Report PL 04-47.

The City Council has thirty days from June 14, 2004 in which to veto the decision of the Kenai Peninsula Planning Commission.

The City Manager and City Planner recommend that the Council voice consensus to this vacation and uphold the Homer Advisory Planning Commission's decision of June 16, 2004, as reflected in the minutes. The Staff Report was PL 04-36.

RECOMMENDATION:

Voice consensus to the vacation as noted on the subject line.

Fiscal Note: NA.