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• COUNCIL MINUTES DECEMBER 13, 1999 Resolution No. 99 — 125 can be found at the end of these minutes. PUBLIC HEARING, FIRST READING, Ordinance No. 22 — 99, Right of Way Vacation 77th Street (4/5 Vote Required) — John Powell — As part of the Carole's Estates subdivision, a 30 foot wide right -of -way was dedicated along the south edge of the plat. This right -of -way is along the 77th Street alignment. There is also a row of mature trees within the right -of -way, which will be damaged by any construction within the northern 30 feet of the right -of -way. These trees also serve as a buffer between the single - family residences to the north and the commercial area to the south. Several residents along the north side of 77th Street have requested that the City vacate this 30- foot wide strip of right -of -way. In a typical vacation, the vacated area would be split in half with each half going to the adjacent property owner. In order to completely transfer the vacated area to the property owners to the north, the City has to vacate the right -of -way then transfer the City's share to the property owners. Section 12.05 of the City Charter requires that real property of the except by Ordinance. The Ordinance will require two (2) readi period before it is in effect. e disposed of and a waiting Mayor Sullivan expressed concern regarding the p h to the south of the easement. III The plan for that area will be completed in Janu. 200 >The plan will give the City a clear picture regarding the use of the roadway a ayor Sullivan asked if the sale price of $1.00 per property is fairly standard w. Staff advised the City acquire or $'''.00 and up per square foot. Staff also noted that there are other costs invoiv h e of the easement. Mayor Sullivan indica� w Id like to see the rest of the plan before vacating the easement. Council Member Lyden ated the Council has the responsibility to protect the integrity of the neighborhood. Council Member Bergeson stated he believes the cost of the easement is appropriate because it does not add cash value to the lots. Council Member Lyden noted there would only be four (4) Council Members for the second reading. He asked if 4/5 vote is required. The City Attorney advised the second reading must be approved by three (3) of the four (4) Council Members. Mayor Sullivan opened the public hearing at 7:14 p.m. • Council Member Dahl moved to close the public hearing at 7:14 p.m. Council Member Bergeson seconded the motion. Motion carried unanimously.