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<br />Determination of Assessment <br />Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special <br />benefit resulting from the vacation. The amount of money to be deposited is to be determined by the <br />City Manager. Pursuant to the City Code, the City provided a notice of the assessment 20 days prior to <br />the public hearing. At that time, the assessment was determined to be $314,278.00; however, a more <br />accurate valuation was then conducted that considered the value of the easements to be reserved by the <br />City and of the replacement right-of-way to be improved and dedicated to the City as part of the <br />development. This resulted in a revised assessed value of $136,000, as detailed in the attached <br />Assessment Memorandum (Attachment E). The applicant is required to deposit that sum with the City. <br />If the application is approved and the vacation becomes effective, the deposit will be retained by the <br />City; if the application is denied or the vacation fails to take effect for another reason, the money will be <br />returned. <br /> <br /> <br />RELATED CITY POLICIES <br />Approval criteria for vacation requests (the full text is included above) are located at EC 9.8725 <br />which requires the council to find that approval of the vacation request is in the public interest. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br />This item is scheduled for public hearing only, however, council action is required within 30 days of the <br />close of the record following the public hearing to: <br />1. Approve the vacation request by ordinance; <br />2. Modify and approve the vacation request by ordinance; or, <br />3. Deny the vacation request by ordinance. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br />The City Manager recommends that the City Council hold and close the public hearing on the vacation <br />request, and take action within 30 days of close of record in order to comply with statutory and local <br />code requirements. Following the City’s receipt of all testimony, the City Manager will make a <br />recommendation on the merits of the vacation request to be included in the council packet for action. <br /> <br /> <br />SUGGESTED MOTION <br />I move to hold the record open for any written evidence, argument or testimony until 5:00 p.m. on April <br />30, then open for an additional seven-day period until 5:00 p.m. on May 7 for any party to submit <br />written argument (but not new evidence) to respond to issues already raised, then, unless the applicant <br />waives its right, to allow the applicant seven additional days, until May 14 at 5:00 p.m., to submit final <br />written argument. <br /> <br /> <br />ATTACHMENTS <br /> <br /> <br />A.Aerial Context Map of Alley Vacation Request <br /> <br />B.Map of Alley Vacation Request <br /> <br />C.Map of Proposed Right-of-Way Dedication <br /> <br />D.Draft Ordinance (with Exhibits A – C) for Alley Vacation <br /> <br />E.Alley Vacation Assessment Memorandum <br /> S:\CMO\2012 Council Agendas\M120423\S1204233.doc <br /> <br />