HomeMy WebLinkAboutAdmin Order 58-99-05
Administrative Order No. 58-99-05
of the
Traffic Engineer of the City of Eugene, Oregon
Stewart Road Closure west of Bailey Hill Road
The Traffic Engineer of the City of Eugene finds that:
A. The Eugene Code provides that the City Manager or the manager's designee shall
exercise specific traffic duties by administrative action, including:
~ Closing a street to vehicular or pedestrian traffic; and
~ Providing for and regulating access to and from any street.
B. Stewart Road is a two lane, two way road between Bailey Hill Road and Bertelsen
Road. The eastern portion has an unimproved, asphalt mat surface with numerous
potholes while the western portion has an improved asphaltic concrete surface. The
condition of the eastern portion of Stewart Road has deteriorated to such an extent
that it is desirable to minimize the amount of traffic on that section of Stewart Road.
Public Works Maintenance is presently unable to perform an acceptable, cost-
effective preservation of the unimproved portion of the roadway.
C. The land use on the south side of Stewart Road consists of residential property on the
eastern portion and light industrial uses on the western portion. Except f~r one
residence, all the frontage on the north side is vacant, with over 75% being in public
ownership.
D. Residents on the eastern portion of Stewart Road have made several requests over the
years that actions be taken to reduce the amount of traffic on Stewart Road.
NOW, THEREFORE,
Based on the above findings, the findings contained in Exhibit A attached hereto and
incorporated herein by reference, the authority contained in section 5.040 of the Eugene
Code 1971, and the delegation order of the City Manager, the Traffic Engineer of the City of
Eugene orders that:
1. Effective February 26, 1999, Stewart Road is closed to through traffic at a point
approximately 1,500 feet west of the centerline of Bailey Hill Road.
2. Parking shall be prohibited on both sides of Stewart Road within fifty feet of the
closure to provide for a vehicle turn-around area.
3. Pedestrian and bicycle access shall be provided through the barricade.
Dated thisd} !:7Th Day of February, 1999
Administrative Order No. 58-99-05
Exhibit A
Findings for
Administrative Order No. 58-99-05
of the
Traffic Engineer of the City of Eugene, Oregon
Stewart Road Closure west of Bailey Hill Road
Background
Residents living along the eastern portion of Stewart Road have made numerous requests to the City,
dating back to 1973, regarding traffic and the road's condition. Their concerns are that the volume,
type, and speed of traffic, along with the extremely poor condition of the roadway, pose a safety
hazard and detract from the quality of life they feel their residential area should enjoy.
Part of the problem is that the residential area is adjacent to an industrial area. This issue has arisen
in other parts of Eugene, most notably in the Whiteaker Neighborhood, in the vicinity of ~ Avenue
and Almaden Street. The City's solution in that instance was to separate the industrial and
residential areas by installing a diagonal diverter across the intersection. Although controversial,
this was a success, in part due to the existence of other streets which provided convenient access to
the industrial area. A similar solution is not possible on Stewart Road, due to the lack of intersecting
streets. A full street closure is the only way to separate the land uses.
Recent efforts to control traffic on Stewart Road include lowering the Speed 40 zone in the
residential area to a Speed 25 zone (February 1994) and prohibiting through truck movements and
establishing weight limit restrictions on the eastern section of Stewart Road (May 1996). These
efforts did not alleviate the problem. This lack of success led the Transportation Division to
consider a street closure. An Origin and Destination study was conducted in April 1996 to identify
the amount of through traffic using Stewart Road and where that traffic comes from and goes to.
Based on the study's results, traffic volume counts, and citizen support, the Transportation Division
initiated a street closure. After consideration of the criteria at section 5.055 of the Eugene Code
("EC"), the closure was installed by Administrative Order 58-98-17 on October 28, 1998. Order 58-
98-17 was appealed by owners of two businesses on the western portion of Stewart Road. The
Order was repealed by the Hearings Official on January 26, 1999.
In his review of Administrative Order No. 58-98-17 (the Traffic Engineer's initial Order
closing Stewart Road), the Eugene Hearings Official rejected the City's approach which asked the
question, "Do the criteria listed in section 5.055 tell us that Stewart Road should be closed?" The
Hearings Official held that the question for consideration should have been "What do each of the
criteria listed in section 5.055 tell us should be done with regard to the problems existing on Stewart
Road?" The City Attorney's office issued a legal opinion dated February 23, 1999 which found that
the question posed by the City was, in fact, the proper question. The City Attorney did not agree
with the Hearings Official. Based on staffs understanding of the language at EC section 5.055 and
on the City Attorney's opinion (attached), the analysis of the criteria at EC section 5.055 for
Administrative Order No. 58-99-05 is based on the question of "whether the criteria indicate that
Stewart Road should be closed."
Criteria for Administrative Action
The administrative action of the Traffic Engineer of the City of Eugene, Oregon, closing Stewart
Road to through traffic approximately 1,500 feet west of the centerline of Bailey Hill Road is based
on consideration of criteria (a) - (n) at EC 5.055. Consideration of those criteria follows:
(a) Traffic engineering principles and traffic investigations
(1) Traffic engineering principles were considered in the following areas:
~ Roadway Capacity;
~ Intersection Capacity;
~ Safety;
~ Signs, Signals, Markings;
~ Intersection Control;
~ Roadway Lighting;
~ Access Control; and
~ Speed Zoning.
A closure of Stewart Road would significantly affect Access Control. There would
be minor impacts on Intersection Capacity and Safety, and no impacts in the other
areas.
. There are two aspects to Access Control. One is direct access to a property from
a street. This would not be affected by the closure, as no driveways would be
closed and no restrictions would be imposed on property access.
The other aspect of Access Control is the ability to get to a property from the
surrounding street system. As Stewart Road was temporarily closed as a result of
Administrative Order No. 58-98-17, staff was able to evaluate the effects of the
closure on this type of access. The closure created two dead-end streets from
what was a through street. Trip lengths and travel times increased for some
motorists, both those with origins or destinations on Stewart Road and those who
used Stewart as a short cut.
Based on the results of an Origin and Destination Study conducted before the
closure, it is estimated that 540 vehicles used Stewart Road as a through street
each weekday. Of these, 220 have increased trip lengths due to the closure.
Based on Travel Time studies, westbound travel time increased 25 seconds per
trip and eastbound trips by 40 seconds, resulting in an additional 1.98 hours of
travel time per day for non-local vehicles.
Some local trips (trips with an origin or destination on Stewart Road) also have
increased travel times as a result of the closure. Local residential trips likely
experienced little increase in travel time, as most of their trips are to the east.
Administrative Order 58-99-05, Findings
Travel time for local industrial trips with a destination east of Bailey Hill Road
increased about one minute, 32 seconds per vehicle. Based on the pre-closure
traffic counts and the Origin and Destination Study, it is estimated that there were
100 local industrial trips with a destination east of Bailey Hill Road, resulting in
2.56 additional vehicle-hours of travel time for local industrial trips per weekday.
To summarize, the closure affects about 320 motorists per day, adding some 4.5
hours of travel time to their trips, or about 50 seconds per trip. Based on the
small amount of added travel time, and the lack of negative feedback, this
increase in travel time has not been a problem for motorists who used to use
Stewart Road and is thus not a significant factor in the closure.
. Intersection capacity: The closure will have minor effects on the capacity of four
intersections: Stewart Road & Bertelsen Road, Stewart Road & Bailey Hill Road,
11 th Avenue & Bertelsen Road and 11 th Avenue & Bailey Hill Road.
Based on an April 14, 1998 traffic study, an estimated 540 vehicles used Stewart
Road as a through street on a typical weekday. Most of the diverted through
traffic will use W 11 th Avenue.
The additional traffic, about about 270 vehicles in each direction, has little effect
on the Level of Service (LOS) of either 11 th Avenue intersection. LOS and peak
hour delay per vehicle was estimated for both intersections using a computer
program that models traffic flow at signalized intersections.
The LOS remained the same at both intersections. At 11th & Bailey Hill, delay
per vehicle increased by 0.5 seconds per vehicle, while there was a 3.4 second
increase in delay per vehicle at 11 th & Bertelsen.
Thus, the additional 270 vehicles will have a slight negative impact on the
intersections of 11 th & Bailey Hill and 11th & Bertelsen. However, each
intersection will still operate with an acceptable Level of Service. In summary,
the affected intersections have sufficient capacity to handle the vehicles diverted
by the closure of Stewart Road.
Capacity at the Stewart Road intersections at Bailey Hill Road and Bertelsen
Road was not a problem before the closure. The closure will result in only local
traffic using those intersections and will slow the deterioration of Stewart Road.
. Safety: (Note: this discussion of safety relates to the direct safety aspects of
installing the barricade. For discussion of the broader public safety and welfare
concerns, see criterion (k) below.)
All potential safety impacts, both positive and negative, are minor.
Administrative Order 58-99-05, Findings
There was one reported accident on Stewart Road in the five year period from
January 1, 1993 through December 31, 1997. The probability of accidents will
decrease with the reduction in traffic volume and a likely reduction in vehicle
speeds.
Closing a street can have negative safety impacts, including: 1) an increase in
emergency vehicle response time; 2) the barricade could be hit by a motorist; and
3) the increased traffic at other intersections could increase the probability of
accidents at those intersections if capacity is significantly affected.
In the case of the Stewart Road closure, the anticipated effects on safety are
slight, as 1) the closure was reviewed and approved by the Fire Marshall; 2) the
barricade and all associated signing and marking, is in compliance with the
Manual on Uniform Traffic Control Device (MUTCD) standards; and 3) as
mentioned under Intersection Capacity, the traffic diverted to the 11 th & Bailey
Hill and the 11 th & Bertelsen intersections will have only minor impacts on the
capacity of each intersection.
(2) Traffic investigations:
. 24-hour traffic volume counts were taken in September 1995. These showed pre-
closure traffic volumes of 1,564 vehicles per day (vpd) east of Bertelsen Road and
1,359 vpd west of Bailey Hill Road. Six-hour manual counts done during the
April 1998 Origin and Destination Study suggest somewhat lower volumes of
1,200 vpd east of Bertelsen and 820 vpd west of Bailey Hill.
Traffic volumes with the street closed were 180 vpd at Bailey Hill Road and 970
vpd at Bertelsen Road.
. An Origin and Destination Study, done for six hours on April 14, 1998, showed
that over 60% of the Stewart Road traffic at the Bailey Hill Road end is through
traffic. Most of these motorists would not be inconvenienced by a closure as their
trip length would be the same if they used 11th Avenue. As discussed in (a)(I),
above, it is estimated that the closure results in 4.5 extra vehicle-hours of travel
time per weekday.
. Vehicle Speeds: Included in almost all citizen requests have been complaints of
vehicles speeding on the unimproved section of Stewart Road. The problem is
actually one of a perception of speeding rather than actual speeding. A speed
study conducted in 1993 showed an average speed of23 miles per hour, which is
lower than most residential streets and is about what was expected, given the
road's condition. However, it is the road's condition which gives the impression
that vehicles are speeding; vehicles traveling on the rough surface create more
noise and raise dust, creating the perception of higher speeds.
. Accidents: Stewart Road does not have an accident problem, as there was only
one accident for the five period from January 1, 1993 through December 31,
Administrative Order 58-99-05, Findings
1997. On balance, the closure has little effect on the likelihood of accidents. The
slight probabilities of a motorist hitting the barricade or of diverted traffic
increasing the accident potential on other streets is offset by the decreased
probability of an accident on Stewart Road, due to a reduction in traffic volume
on Stewart.
. Cut-through Traffic: After the closure was installed, there were some reports of
motorists using a private driveway to get from Stewart Road to 11 th Avenue. It is
likely that there was some cut-through traffic in the first few days after the closure
was installed. As motorists became aware of the closure the amount of cut-
through traffic dropped off and there is currently no evidence of cut-through
traffic.
Cut-through traffic is a common occurrence for the first few days after installation
of a traffic diverter or street closure. Motorists either don't see, or don't believe,
the advance signing and drive up to the closure. Faced with the choice of turning
around and driving back down the dead end street or taking a short cut, the
motorist is likely to opt for the latter. However the short cut between Stewart and
W 11th Avenue only saves time if the motorist's trips begins close to the dead-
end. Most motorists on Stewart Road, and all those on Bertelsen Road, will save
time by taking Bertelsen to 11th. For this reason, cut-through traffic will not be a
long-term problem.
(b) Standards, limitations, and rules promulgated by the Oregon Transportation
Commission or the Oregon Public Utility Commission or their successors.
. No applicable standards, limitations, or rules apply.
(c) Other recognized traffic control standards.
. Signing and markings comply with Manual on Uniform Traffic Control Devices
standards.
(d) The city's adopted transportation-related plans and policies.
The City has no adopted transportation-related plans or policies that are relevant to
the proposed closure of Stewart Road.
. The Draft Eugene Arterial and Collector Street Plan (May 1998) classifies
Stewart Road as a Major Collector due to its proximity to industrially zoned
properties and the connection it provides between Bailey Hill Road and Bertelsen
Road. The closure prevents Stewart Road from functioning as a collector street.
A permanent closure would require a revision in the Draft Plan which would not
have Stewart as a collector street. Inconsistency with an unadopted, draft plan is
not an issue for consideration under this criterion.
Administrative Order 58-99-05, Findings
. The bicycle element of the Draft Transplan, calls for Stewart Road to have on-
street bike lanes or to be a designated bike route. If the Transplan draft is
adopted, it does provide the flexibility to integrate bicycle facilities with any
traffic calming techniques that may be used on Stewart Road.
(e) Existing state and local laws regulating use of public ways.
. Provisions of the Oregon Vehicle Code will continue to apply after the changes
have been made.
. City of Eugene Administrative Order 58-96-07 prohibits both through trucks on
Stewart Road and vehicles in excess of eight tons from the unimproved section of
Stewart Road. The closure makes this Order more effective, as it makes through
traffic impossible.
(f) The efficient use of the public way by the public.
. From one perspective, the closure will have a negative effect on the use of the
public way by the public, as some motorists who now use Stewart will have to
drive a longer distance to reach their destination. The inconvenience of increased
travel time distance and travel time is an unavoidable but acceptable consequence
of the closure. See discussion under (a)(I).
Looking at this criterion from another perspective, it is not efficient for the public
to use a deteriorated road. Continued through use would contribute substantially
to the further deterioration and, as explained previously, the City is not presently
in a position to make the needed road repairs. Diverting traffic onto West 11 th is
more efficient than continuing to allow through use of Stewart because West 11 th
is better able to handle the volume of traffic currently using Stewart.
(g) The use of abutting property.
. The land use on the south side of Stewart Road consists of residential property on
the eastern portion and light industrial uses on the western portion. Except for
one residence and an industrially zoned parcel at the northwest corner of Bailey
Hill & Stewart, all the frontage on the north side is vacant, with over 75% being
in public ownership with an open space designation. The publicly owned area
consists of two wetland sites, one owned by the Bureau of Land Management and
the other by the Oregon Department of Transportation.
Residents feel that the closure will have a positive effect on the use of their
abutting property. Although access will be restricted, they feel that the reduced
traffic volumes will improve the livability of the street and thus have a positive
effect on the use of the abutting property. Further, a decrease in the use of the
road will slow the road's deterioration.
Administrative Order 58-99-05, Findings
Some business owners feel that the closure will have a negative effect on the use
of their property. The same restrictions in traffic flow that appeal to residents is
seen by business owners as a liability that increases costs and can lead to lost
income if customers find more accessible businesses.
As most of the businesses on Stewart do not have retail operations, there should
be little lost business due to the reduction in drive-by traffic. Businesses are
concerned about a decrease in business due to a reduction in the number of drive-
by trips. The reduction in drive-by trips is not considered a significant issue, as
businesses on Stewart Road are not of the type that typically depend on easy
access, high visibility, and high traffic volumes on the adjacent street for their
customer base. The industrial property is zoned 1-2, a zoning which permits retail
sales only "...when secondary, directly related, and limited to products
manufactured, repaired, or assembled on the development site" (Eugene Code,
9.450 (e-l)). Retail sales at Euphoria Chocolate, the only business with a retail
outlet, may have been affected, but this should be a minor concern, as the retail
portion of the business is, by Code definition, secondary.
Costs to businesses should also not increase much, as the 1996 weight limit
restriction on the eastern section of Stewart Road (Admin. Order 58-96-07)
prohibited trucks over eight tons from using Stewart. This means that larger
trucks making pick-ups or deliveries to businesses on Stewart would already be
traveling the route made mandatory by the closure.
Business costs would increase to the extent that local trucks of less than eight tons
are now unable to use Stewart Road when their origin or destination is to the east.
This impact is minor and of little consequence; during the six hours of the April
1998 Origin and Destination Study only three trucks with local destinations drove
on the eastern portion of Stewart Road.
Trucks in excess of eight tons have previously been prohibited from using the
eastern portion of Stewart, so the affected local trips are most likely not business
trips but probably employees coming to and going from work.
(h) The intensity of use of the street by vehicles and pedestrians.
. Intensity of use of Stewart Road is discussed in section (a)(2). As discussed
there, the closure has reduced the intensity of use of the street by vehicles. This
decrease in intensity of use will slow the decline of Stewart Road without causing
a significant inconvenience to users of the Road.
. The use of the street by pedestrians or bicyclists will not be affected. Provisions
will be made to provide pedestrian and bicycle access through the barricade
(i) The physical condition and characteristics of the street and abutting property.
. Stewart Road is a two-way, two lane street. The eastern portion, approximately
1,450 feet long, is an unimproved, approximately 20 foot wide roadway in very
Administrative Order 58-99-05, Findings
poor condition. The western portion is about 2,300 feet long. It is a 44 foot wide
roadway that has been improved to city standards and is in good condition.
. The eastern portion of Stewart Road begins with a section sloping up from Bailey
Hill Road. Although paved more recently than the rest of the eastern portion of
the road, this section has developed a large pothole in the south lane. Stewart
crests several hundred feet west of Bailey Hill Road, then begins a gradual
descent. Stewart is level from several hundred feet west of the east end of the
improved section to Bertelsen Road.
. F or most of its eastern section, Stewart Road is badly deteriorated. This section
of the roadway has no base and as a result is prone to failure. Nearly the entire
surface, for a distance of some 1,400 feet, is covered with potholes, patched
potholes, and even holes within patched areas. There are two or three areas where
one lane is free of patches or potholes, but these are only 50 to 100 feet long. For
most of the eastern portion of the roadway, both lanes are characterized by a
condition where potholes cover more than half of the street's surface area.
. The abutting property on the eastern portion consists of residential property on the
south side of the street. The north side, with the exception of one house, is
undeveloped. Except for the residence and an industrially zoned parcel at the
northwest corner of Bailey Hill & Stewart, the property on the north side is in
public ownership and has an open space designation.
The abutting property on the western portion consists of 1-2 zoned property
(Light-Medium Industrial) on the south side of the street. The north side consists
of two wetland sites, one owned by the Bureau of Land Management and the
other by the Oregon Department of Transportation.
The condition of the eastern section of Stewart Road is the primary reason for the
closure. In other circumstances, the City would prefer that the road be paved to
match the design of the western section. However, the City Council is currently
reviewing the City's assessment policy for situations such as this one and until the
Council decides on the assessment policy, no effort will be made to upgrade
Stewart Road.
Under the current assessment policy, the cost to property owners for improvement
of Stewart Road would be substantially higher than normal, as they would be
assessed for the road improvements and installation and connection to the City's
sanitary sewer system. The City would also have to pay for a large portion of the
project due to the width of the street and the large amount of open space land on
the north side.
Considering the current condition of the road and with no determination as to
when improvements may be made, this criterion weighs heavily in favor of the
proposed closure to through traffic. By minimizing the amount of traffic, the
closure slows the deterioration of the roadbed and delays the need to upgrade the
street.
Administrative Order 58-99-05, Findings
(j) Emergencies.
. Emergency vehicle service could be affected by the closure, but Police and Fire
department personnel have reviewed and approved the closure design, which
provides for emergency vehicle access.
(k) The public health, safety, and welfare.
. The public health won't be affected by this project.
. Safety is a relevant criterion for considering the closure of Stewart Road. The
extremely deteriorated condition of the road as discussed earlier creates a
situation where individual drivers have an increased likelihood of swerving to try
to avoid the worst potholes, or losing partial control of the vehicle due to the
impact on steering and suspension systems when potholes are hit. This situation
is more likely to lead to collisions with other vehicles if the roadway is kept open
to all traffic, due to the higher traffic volumes and speeds. Also, the higher
volumes that are present with the street open to through traffic mean that a single
vehicle is more likely to be involved in a damaging incident to the vehicle and
potentially to the driver.
. Public welfare is affected by the decision of whether to close the street to through
traffic. In addition to the safety concerns discussed above, motorists should be
able to have reasonable expectations as to their ability to traverse a city street in a
prudent and normal fashion, adjusting their speed and expectations for particular
conditions but not having to slow to 10 miles per hour, for example, to negotiate
the extremely rough conditions posed by Stewart Road. The surface conditions
on the eastern portion of Stewart Road are highly unusual if not unique among
city streets in Eugene, given the mix of land use and types of traffic using the
road, the pre-closure traffic volumes which are substantially higher than volume
on a typical local street used for local access only, and the very poor condition of
the surface and practical inability of the City to reasonable maintain the surface in
decent condition. Closing the road to all but local traffic means that the only
people using Stewart Road are those who need to travel to or from their particular
destination of a home or business, and are therefore used to the specific roadway
surface conditions and can adjust their expectations and driving behavior
accordingly.
Another aspect of public welfare is the livability perceived by the residents along
the eastern portion of the street. The dust, noise and other negative aspects of the
pre-closure situation constitute a condition that the residents have reasonably
asked the City to ameliorate if at all possible. The temporary closure during the
past four months has proven to be a reasonable response, given the lack of serious
negative impacts and the positive feedback from the residents.
Administrative Order 58-99-05, Findings
(I) Special events of community interest including parades and public gatherings.
. Special events won't be affected by this project.
(m) Construction within or adjacent to the street.
. Impacts on construction within or adjacent to the street will be minor. Access to
or egress from construction projects by large vehicles will be more difficult, as
these vehicles will have to turn around rather than drive from one end of Stewart
to the other.
(n) When establishing conditions upon the use of parking in the public way and
city-owned parking facilities:
1. Applicable and appropriate time limits;
2. the vehicle type and purpose;
3. The relative, seasonal and special event demands for parking
spaces within the areas of the requested parking;
4. The other public uses for the property;
5. The location and physical characteristics of the parking area or
facility;
6. The demand for operating revenues, the costs of operations and
enforcement;
7. The use of parking regulations to promote city adopted goals and
policies;
8. Abuse by applicants of any parking-related permits;
9. The impact on nearby commercial uses;
10. The ease of enforcing the provisions of this chapter; and
11. The availability of other parking spaces.
. Parking is prohibited at all times for a distance of 50 feet on both sides of the
closure, on both sides of the street. This is necessary to provide room for
motorists to turn around and will also increase the visibility of the barricade.
. Demand for on-street parking is low to non-existent, due to the low density of
both the residential and industrial development, and the availability of off-street
parking. During several visits to Stewart, both before and after the closure was
installed, no vehicles were seen parked anywhere near the barricade.
Due to the lack of demand for on-street parking, the parking prohibition is not a
relevant factor in considering whether to close the street.
Administrative Order 58-99-05, Findings
Summary and Conclusion
The poor condition of the roadway on the eastern (residential) portion of Stewart Road, the attendant
costs of upgrading the road, and the lack of public and private funding to improve the road are the
primary motivating factors behind the closure.
The practice of assessing adjacent properties for road improvements to arterial and collector streets
is being reconsidered by the City Council. Until resolved, this issue strengthens the case for the
interim closure of Stewart Road.
The conclusion of this report is that the closure has only a small negative impact on businesses along
Stewart Road and on the motoring public, but it has a significant positive impact for the people who
live on Stewart Road. The Eugene Code requires that a road closure be based on consideration of
each of the factors at EC 5.055. Consideration of the criteria at EC 5.055 results in positive findings
under criteria (f), (g), (h), (i) and (k), and a determination that the considerations support the closure
of Stewart Road. Of the applicable criteria, criterion (a) is the only criterion which reveals negative
effects of the proposed street closure. Consideration of that criterion leads to finding of an increase
in total travel time (1.98 hours per day for non-local vehicles, 2.56 hours per day for local industrial
trips, no notable increase for local residential travel and 3.11 hours for traffic at the 11 th Avenue
intersections). This increase in travel time is outweighed by the importance of the positive findings
under the other criteria.
Administrative Order 58-99-05, Findings
r c P f} t~ 'I~ C1 ~
CITY OF EUGENE
INTER-DEPARTMENTAL MEMORANDUM
CITY ATTORNEY - CIVIL DEPARTMENT
To:
Dave Reinhard
Date: February 23, 1999
Subject:
Review of Administrative Actions under EC 5.050
You have asked for clarification of the proper question for consideration when the City
Manager's designee proposes an administrative action under Chapter 5 of the Eugene Code. This
issue is easiest to discuss in the context of an example. The example you present is that of the
proposed closure of Stewart Road. The Eugene Hearings Official recently held that, in adopting an
administrative order for the road closure, the question for consideration is "what do each of the
criteria listed in section 5.055 tell us should be done with regard to the problems existing on Stewart
Road?" The Hearings Official rejected the City's approach, which asked the question: "do the
criteria listed in section 5.055 tell us that Stewart Road should be closed?" We believe that the
proper question is that proposed by the City. Each of the criteria in section 5.055 should be
considered in context of the proposed action - a road closure.
EC section 5.055 states that "[t ]he administrative action of the city manager or the manager's
designee shall be based on consideration of [nine listed criteria]." Therefore, if the proposed
administrative action is for the closure of Stewart Road, each criterion must be considered in light
of the proposed closure. If the criteria do not support the road closure, it is not justified.
If you have any additional questions, please call me at extension 5080.
HARRANG LONG GARY RUDNICK P.C.
-- City Attorneys
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