Item 3: 10th and Charnelton Alley Vacation

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provision of necessary public services and facilities such as transportation and utilities in the area can be maintained upon approval of the vacation requests. The alley vacation request was referred to affected City departments and public utility service providers. City of Eugene Public Works Transportation and Engineering staff and the Fire Marshal’s Office have indicated the alley vacation would not compromise transportation, emergency access, or stormwater and wastewater systems. Referral comments from Public Works staff note that adequate public rights-of-way exist to satisfy all access and traffic circulation in this vicinity. Adjacent uses will continue to have access from the northern portion of the alley, as well as the east-west alley between Olive and Charnelton Streets and the surrounding public street system. Referral comments and letters of concurrence from utility providers have confirmed that there are no stormwater, wastewater, water, electric, or natural gas lines located in the alley and that Qwest utilities can either be relocated or addressed through a private utility easement. While staff findings indicate that the vacation requests can be accommodated at this fundamental level, it remains within the council’s purview to identify what additional requirements, if any, must be made to find that the requests support the public interest in order for the City to release ownership of the right-of-way. Draft findings in support of the alley vacation request are included as Exhibit B to the draft ordinance (Attachment C). These draft findings provide a more comprehensive evaluation than the comments listed above. Determination of Assessment Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special benefit resulting from the vacation and the disposition of the property to the benefited property owners. The assessed value of special benefit is to be determined by the City Manager. In this instance, the value of the real property for the alley was determined to be $20,966, according to a Basis of Value report prepared by the City. The URA has deposited $20,966 with the City in advance of the public hearing, as required. If the application is approved, the deposit shall be retained by the City, or if the application is denied the money shall be returned. RELATED CITY POLICIES Approval criteria for vacation requests (the full text is included above) located at EC 9.8725, and corresponding statutory provisions at ORS 271.120, which require the council to find that approval of the vacation requests is in the public interest. COUNCIL OPTIONS The City Council may consider the following options: 1. Approve the vacation request by ordinance; 2. Approve the vacation request by ordinance with specific modifications as determined by the City Council; 3. Deny the vacation request by ordinance. Z:\CMO\2009 Council Agendas\M090217\S0902173.doc