HomeMy WebLinkAboutAdmin Order 58-24-30 -- Closure of Hwy 99 Greenspace 5th-6th-7thAdministrative Order -- Page 1 of 4
ADMINISTRATIVE ORDER NO. 58-24-30
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 ADJACENT TO THE
INTERSECTIONS OF HIGHWAY 99 NORTH WITH W 5TH AVENUE, W
6thAVENUE/ W 7thAVENUE AND HIGHWAY 99 NORTH WITH W 7th
PLACE WEST OF GARFIELD STREET.
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
the greenspace that is adjacent to the functional roadway for Highway 99 North at W 5th and W
6th/W 7th avenues and at W 7th Place west of Garfield Street. The closure is needed to protect
Administrative Order -- Page 2 of 4
stormwater facilities and green infrastructure, and to reduce other impacts and risks from illicit
camping including human waste, needles, trash, and cooking and camping fires.
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 at W 5th and W 6th/W 7th avenues and at W 7th Place
west of Garfield Street but public access to the greenspace area is not needed and such
access is 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 Highway 99 North at
W 5th and W 6th/W 7th avenues and at W 7th Place west of Garfield Street (as shown in
Exhibit A) is needed to protect public infrastructure (vegetated stormwater facilities and
street trees).
(g) The use of abutting property.
The abutting land use is industrial and commercial and Lane Transit District (LTD) bus
stop. The LTD bus stop is not part of the greenspace closure and is intended to remain
open.
Administrative Order -- Page 3 of 4
(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, this order
will not impact, and may improve, accessibility of use by vehicles and pedestrians.
(i) The physical condition and characteristics of the street and abutting property.
i. Highway 99 is classified as a Major Arterial street with separated one-way travel lanes
(three travel lanes southbound and two travel lanes northbound). The speed limit near the
intersection with W 5th Avenue is 40 miles per hour and near W 7th Place is 30 miles per
hour. Sidewalks are only present on the east portion of W 7th Avenue near the greenspace,
south of W 7th Place, and west of Garfield Street. There are no bike lanes.
ii. The greenspace located along Highway 99 North at W 5th and W 6th/W 7th avenues and at
W 7th Place west of Garfield Street is located within City right-of-way. This greenspace
within the right-of-way is shown outlined in red on the attached map (Exhibit A). The site
is a vegetated stormwater facility, contains street trees, and is located along high speed,
busy major arterials/highway streets (some without curbs).
iii. The abutting properties on the sides of the streets include one- and two-story commercial
buildings with asphalt surface parking lots.
(j) Emergencies.
i. Emergency service vehicles are accommodated through one-way travel on separated
portions of Highway 99 North at W 5th and W 6th/W 7th avenues and at W 7th Place west of
Garfield Street.
ii. Highway 99 North at W 5th and W 6th/W 7th avenues and at W 7th Place west of Garfield
Street is designated as an emergency ice or snow removal route. Highway 99 and W 6th
Avenue at W 5th Avenue are Major Arterial streets with the speed limit set at Speed 40; W
7th Avenue at W 7th Place are Major Arterial streets with the speed limit set at Speed 30.
This segment of Highway 99 has approximately 22,000 vehicles daily for both directions;
W 5th and W 6th/W 7th avenues and W 7th Place have approximately 18,000 vehicles daily
for both directions.
(k) The public health, safety and welfare.
Since April 2021, the area subject to this Order has been closed eight 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 vegetation. While the
closures have reduced the volume of these hazards and the frequency of damage to
Caution:This map is based on imprecisesource data, subject to change,and for general reference only.
Hwy 99 @ W. 5th Ave &W. 7th Ave Greenspaces
Legend
Streets
Taxlots
Water Bodies 0 160 32080FtW
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W 7TH PLHWY 99NW 5TH
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6/28/2024
LTD Bus Stop
EXHIBIT A