HomeMy WebLinkAboutAdmin Order 58-24-26 -- Closure of Hwy 99 GreenspaceAdministrative Order -- Page 1 of 4
ADMINISTRATIVE ORDER NO. 58-23-26
of the
Traffic Engineer of Public Works Maintenance's Traffic Operations Team
of the City of Eugene
CLOSURE OF GREENSPACE / UNIMPROVED PORTIONS OF
HIGHWAY 99 NORTH RIGHT-OF-WAY SOUTH OF ROOSEVELT
BOULEVARD
The Traffic Engineer of Public Works Maintenance's Traffic Operations Team of the
City of Eugene finds that:
A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 2002, the
City Manager is designated as the administrative head of the City and is specifically authorized to
enforce all ordinances of the City. In addition, EC 5.040 authorizes the City Manager or the
Manager’s designee to close or regulate access to and from any street. EC 5.055 sets forth the
criteria the City Manager or the City Manager’s designee should consider when taking
administrative action authorized by EC 5.040.
B. On August 5, 2020, the City Manager issued Administrative Order No. 58-20-17
granting the Executive Director of the Public Works Department the authority to exercise all of
the duties and responsibilities specifically defined as those of the City Manager in Sections 5.040,
5.045 and 5.050 of the Eugene Code, 1971. That Order also granted the Executive Director of the
Public Works Department the authority to further delegate those duties and responsibilities to such
person or persons qualified to perform the delegated duties.
C. On August 6, 2020, the Executive Director of the Public Works Department issued
Administrative Order No. 58-20-18 granting the City Engineer the authority to perform the duties
and responsibilities specifically defined as those of the City Manager in Sections 5.040, 5.045 and
5.050 of the Eugene Code, 1971. That Order also granted the City Engineer the authority to further
delegate those duties and responsibilities to such person or persons qualified to perform the
delegated duties.
D. On August 11, 2020, the City Engineer issued Administrative Order No. 58-20-19
granting the Traffic Engineer of Public Works Maintenance's Traffic Operations Team the
authority to perform the duties and responsibilities specifically defined as those of the City
Manager in Sections 5.040, 5.045 and 5.050 of the Eugene Code, 1971.
E. For purposes of public health, safety, and welfare, it is necessary to close and
prohibit public access public access to a portion of the Highway 99 North right-of-way, specifically
to the unimproved area or “greenspace” that is adjacent to the functional roadway for Highway 99
North. The closure is needed to protect bridge infrastructure and reduce other impacts and risks
from illicit camping including human waste, needles, trash, and cooking and camping fires.
Administrative Order -- Page 2 of 4
F. In making the decision, I have considered all the applicable criteria set forth in EC
5.055. The following findings support my decision to close the greenspace area shown in Exhibit
A to the public:
(a) Traffic engineering principles and traffic investigations.
The area to be closed by this Order is the greenspace as shown in Exhibit A. It is classified as
right-of-way for Highway 99 North but public access to this area is not needed and is actually
counter to traffic engineering principles.
(b) Standards, limitations, and rules promulgated by the Oregon Transportation Commission or
the Oregon Public Utility Commission or their successors.
There are not recognized traffic control standards at this location.
(c) Other recognized traffic control standards.
Not applicable.
(d) The city’s adopted transportation-related plans and policies.
The City’s adopted transportation-related plans and policies do not require that this area
remain open.
(e) Existing state and local laws regulating use of public ways.
State and City laws regulating use of public ways do not require that this area remain open
to the public.
(f) The efficient use of the public way by the public.
The indefinite closure of the greenspaces in the right-of-way along HWY99N (as shown in
Exhibit A) is needed to protect public infrastructure (bridge supports, vegetated and rocked
slopes, iron and chain link fences).
(g) The use of abutting property.
The abutting land use is industrial, commercial and railroad. No such uses require that this
area remain open.
(h) The intensity of use of the street by vehicles and pedestrians.
In addition to vehicular use of the portion of the right-of-way to remain open, the multi-
use path facility on the western segment of Highway 99 North will remain open. This order
will not impact, and may improve, accessibility of use by vehicles and pedestrians.
Administrative Order -- Page 3 of 4
(i) The physical condition and characteristics of the street and abutting property.
i. The greenspace located along Highway 99 south of Roosevelt Boulevard is located
within City right-of-way and is bisected by Union Pacific railroad property. This
greenspace within the right-of-way is shown outlined in red on the attached map
(Exhibit A). The Site is a vegetated structural fill slope for Highway 99.
ii. The abutting properties on the western side of the streets segment include one- and two-
story commercial buildings with a mixture of gravel and asphalt surface parking lots as
well as an undeveloped segment of land, commercial recycling centers. The eastern
side of the street segment include one- and two-story commercial buildings with a
mixture of gravel and asphalt surface parking lots as well as an undeveloped segment
of land, commercial recycling centers.
(j) Emergencies.
i. Emergency service vehicles are accommodated through bi-directional travel on Highway
99 North.
ii. Highway 99 North is designated as an emergency ice or snow removal route. Highway 99
is a Major Arterial with the speed limit set at Speed 40. This stretch of Highway 99 has
approximately 35,000 vehicles daily for both directions.
(k) The public health, safety and welfare.
Since April 21, 2022, the area subject to this Order has been closed six times in 90-day
intervals with several extensions to address significant amounts of human waste, needles,
excessive trash, cooking and camping fires, and damage to the roadway slope from
excavations to create sleeping platforms. While the closures have reduced the volume of
these hazards and the frequency of damage to infrastructure, public use of the area has
persisted and the City has needed to perform regular cleanup activities in the area to address
concerns about public health, safety and welfare.
(l) Special events of community interest including parades and public gatherings.
There are no special events of community interest that occur on the portion of Highway 99
North as shown in Exhibit A.
(m) Construction within or adjacent to the street.
No construction is currently taking place on the portion of Highway 99 North shown in
Exhibit A.
Legend
□Taxlots
Property along Highway 99 near Roosevelt Boulevard
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and for general reference only.
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Exhibit A