M E M O R A N D U M 05-47

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: MARCH 8, 2004

SUBJ: VACATE RASPBERRY COURT, A 50 FOOT RIGHT-OF-WAY, DEDICATED BY BAYVIEW GARDENS SUBDIVISION ADDITION NO. 1 (PLAT HM 76-104) AND FIREWEED TERRACE (PLAT HM 2001-18) WITHIN SECTION 17, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, ALASKA.

Notice of the vacation was received via fax on March 2, 2005. City Manager Wrede and City Planner McKibben were given a copy of said fax. City Planner McKibben confirmed that the Planning Commission had reviewed the vacation request, adding that Fire Chief Painter's Memo, included in the backup, covered the issue.

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 proposed vacation with conditions during their regular scheduled meeting of February 28, 2005.

The City Council has thirty days from February 28, 2005 in which to veto the decision of the Kenai Peninsula Planning Commission.

The Homer Planning Commission has no objection to granting this vacation with conditions.

RECOMMENDATION:

Voice non veto to the Vacation of Raspberry Court, a 50 foot right-of-way, dedicated by Bayview Gardens Subdivision Addition No. 1 (Plat HM 76-104), and Fireweed Terrace (Pate HM 2001-18) within Section 17, Township 6 South, Range 13 West, Seward Meridian, Alaska.

Fiscal Note: NA.