Item 4: Ordinance Vacating Portion of West 4th Alley

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are unique in comparison to general safety concerns that might occur on other alleys throughout the city.  Public utilities that run through the alley do provide an important community need and will be retained with a public utility easement. Detailed findings addressing these factors above are included in Attachment B of the draft ordinance. Requests for the vacation of public streets and alleys are considered in accordance with sections 9.8700-9.8725 of the Eugene Code (EC) and Oregon Revised Statutes (ORS) 271.080-271.230, and processed pursuant to EC 9.7445–9.7455. The City conducted the public hearing in accordance with quasi-judicial procedures in State law and as set forth in EC 9.7065 through EC 9.7095. RELATED CITY POLICIES The Eugene City Council will address the relevant approval criteria from EC 9.8725 in making a decision on the proposed street vacation, as listed below: The city council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-of-way, public ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of- way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. Consent of the required area has been provided, and public notice, and the hearing has occurred in accordance with statutory and local code requirements. The basic provision of necessary public services and facilities such as transportation and utilities in the area will be maintained. The attached findings (Attachment B, Exhibit C) demonstrate that the proposed vacation is in the public interest and consistent with city-wide and neighborhood policies. The vacation will enable building and access improvements along the alley and improve security for businesses in the area. The vacation will enable a better business environment and increase vitality in the area. Additionally, the City will receive a $36,450 assessment of benefit from the vacated right-of-way (see Attachment C) while adequate public rights-of-way remain to satisfy all access and traffic circulation needs in the vicinity. Approval of the vacation request therefore can be found to be in the public interest as required by the approval criteria, and consistent with the findings attached to the draft ordinance. COUNCIL OPTIONS 1.Adopt the ordinance as attached. 2.Adopt the ordinance with specific amendments. 3.Deny the ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council approve the vacation request and adopt the ordinance as attached. S:\CMO\2013 Council Agendas\M130211\S1302114.doc