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HomeMy WebLinkAboutAdmin Order 58-25-13 -- Closure of Greenspace Martin Luther King Jr Blvd at Garden WayAdministrative Order -- Page 1 of 4 ADMINISTRATIVE ORDER NO. 58-25-13 of the Traffic Engineer of Public Works Maintenance's Traffic Operations Team of the City of Eugene CLOSURE OF GREENSPACE / UNIMPROVED PORTIONS OF MARTIN LUTHER KING JR. BOULEVARD EAST OF SOUTH GARDEN WAY AND WEST OF INTERSTATE 5 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 to a portion of the Martin Luther King Jr. Boulevard right-of-way, specifically to the unimproved area or “greenspace” on the north and south sides that is adjacent to the functional roadway for Martin Luther King Jr. Boulevard. The closure is needed to protect 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 Martin Luther King Jr. Boulevard 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 Martin Luther King Jr. Boulevard (as shown in Exhibit A) is needed to protect public infrastructure (bridge supports, trees, vegetated and rocked slopes, iron and chain link fences). (g) The use of abutting property. The abutting land use is residential and state highway. No such use requires that this area remain open. (h) The intensity of use of the street by vehicles and pedestrians. In addition to the vehicular use of the portion of the right-of-way to remain open, the multi- use path facility on the northern and eastern segment of Martin Luther King Jr. Boulvard and Interstate 5 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 Martin Luther King Jr. 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 structural fill slope for Martin Luther King Jr. Boulevard. Martin Luther King Jr. Boulevard is a Major Arterial with the speed limit set at Speed 40. This stretch of Martin Luther King Jr has approximately 9,100 vehicles daily for both directions. ii. Within the last seven years there have been nine crashes at Martin Luther King Jr. and Garden Way. iii. The abutting properties on the north and south side of the street include one- and two-story residential buildings. (j) Emergencies. i. Emergency service vehicles are accommodated through bi-directional travel on Martin Luther King Jr. Boulevard. ii. Martin Luther King Jr. Boulevard is designated as an emergency ice or snow removal route. (k) The public health, safety and welfare. Since November 22nd, 2024, the area subject to this Order has been closed once with 90- day intervals 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 closure has 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 greenspace Martin Luther King Jr. Boulevard as shown in Exhibit A. (m) Construction within or adjacent to the street. No construction is currently taking place on the portion of greenspace of Martin Luther King Jr. Boulevard as shown in Exhibit A. (n) There is no designated parking for this area.