Title
Resolution of Intention to vacate east-west alley east of Elm Avenue and north of Broadway. (Resolution ordering the vacation of the east-west alley east of Elm Avenue and north of Broadway). (District 2)
Discussion
The property owners along this substandard, IO-foot wide alley request that the City
eliminate public access over this strip of land, by vacating the alley easement. The
purpose of the vacation is to curtail illegal and nuisance activities affecting the welfare of
the occupants of the three adjacent residential buildings. The vacation of this alley will not
eliminate any access to the adjoining properties and will enable the owners to restrict
access by persons not residing in or having an interest in the adjacent properties. The
action requested is shown on the attached Exhibit A.
On October 5, 2004, the City Council adopted Resolution No. C-28463, declaring its
intention to vacate the subject right-of-way and set November 9,2004, as the date for the
public hearing. A copy of that City Council letter is attached as Exhibit B, summarizing the
findings based on evidence to establish that the subject right-of-way is unnecessary for
present or prospective public use. This matter was reviewed by Deputy City Attorney Lisa
Peskay Malmsten on October 18,2004.
Timing Considerations
City Council action on this matter is not time sensitive
Fiscal Impact
A vacation processing fee of $1,000 was deposited to the General Fund (GP) in the Department of Public Works (PW).
SUGGESTED ACTION
Receive supporting documentation into the record, conclude the hearing, find that the area to be vacated is not needed for present or prospective public use and adopt the resolution ordering the vacation of public right-of-way.