M E M O R A N D U M 06-165

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: OCTOBER 3, 2006

SUBJ: VACATION OF EAST HILL RIGHT OF WAY ADJACENT TO LOT 21 DEDICATED BY BAYVIEW GARDENS ADDITION NO. 3 AND VACATION OF A PORTION OF LARKSPUR COURT (PLAT HM 80-74); WITHIN SECTION 16, TOWNSHIP 6 SOUTH, RANGE 13 WEST, SEWARD MERIDIAN, ALASKA. NOTE: A 20 FOOT ROAD EASEMENT WILL BE RETAINED

Notice of the vacation was received via fax on September 26, 2006 and mail received on September 28, 2006. City Manager Wrede and City Planner McKibben were notified. The Homer Planning Commission reviewed and recommended approval of the proposed vacation on June 21, 2006.

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 September 25, 2006.

The City Council has thirty days from September 25, 2006 in which to veto the decision of the Kenai Peninsula Planning Commission.

The Homer Planning Department and Planning Commission have issued no objection to granting this vacation as petitioned.

RECOMMENDATION:

Voice non veto to the Vacation of East Hill Right of Way Adjacent to Lot 21 Dedicated by Bayview Gardens Addition No. 3 and Vacation of a Portion of Larkspur Court (Plat HM 80-74); within Section 16, Township 6 South, Range 13 West, Seward Meridian, Alaska. Note: A 20 foot road easement will be retained

Fiscal Note: NA.