M E M O R A N D U M 06-141

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: AUGUST 21, 2006

SUBJ: VACATION OF NORTH AVENUE 40 FOOT ROW AND A PORTION OF BELUGA STREET 50 FOOT ROW DEDICATED BY WR BENSON'S SUBDIVISION AMENDED AND ANY ASSOCIATED PUBLIC UTILITY EASEMENTS AND THE 10 FOOT UTILITY EASEMENT ON WEST BOUNDARY OF TRACT 37A AND 39A-1. NOTE: ALTERNATE ROW ARE PROPOSED TO BE DEDICATED WITH THE SUBDIVISION. TOWN CENTER.

Notice of the vacation was received via fax on August 17, 2006 and a mailed copied was received on August 21, 2006. City Manager Wrede was advised and City Planner Tech Engebretsen was given a copy of fax. City Manager Wrede confirmed on August 17, 2006 that the Planning Commission had reviewed and approved this vacation request as part of the Fred Meyer and Town Center development.

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, as petitioned, during their regular scheduled meeting of August 14, 2006.

The City Council has thirty days from August 14, 2006 in which to veto the decision of the Kenai Peninsula Planning Commission. The Homer Planning Commission has no objection to granting this vacation as petitioned.

RECOMMENDATION:

Recommend non veto of the Vacation of North Avenue 40 foot ROW and a portion of Beluga Street 50 foot ROW dedicated by WR Benson's Subdivision Amended and Any Associated public utility easements and the 10 foot utility easement on west boundary of Tract 37A and 39A-1.

Special Note: Alternate ROW are proposed to be dedicated with the subdivision. Town Center veto.

Fiscal Note: NA.