Admin Order 58-99-05 - Laserfiche WebLink

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Stewart Road Closure May 10, 1999 Page 5 than th se listed in section 5.055 that a road should be closed, and then performs a post hoc an perfunctory recitation of the criteria, the City has made an inappropriate decisi If the City enters the review process with an open mind and then, after applic tion of the criteria in section 5.055 to the evidence relevant to a particular road, decide that the road in question should be closed, the City has made a correct decision under e direction of the Eugene Code. The City Attorney's opinion does not reach a conclusion different from that underl ing the original hearings officer's decision. In that regard, it is not an opinion sugges ing that the hearings officer's initial decision was wrong. For that reason also the decisi n to seek a City Attorney's opinion was not a backdoor appeal of the initial hearin s officer's decision. However subversive of the process articulated in the Eugene Code the City's action in reconsideration and reissuance of the decision to close Stewart Road may seem to the ppellants, nothing in the City's actions violated any provision Qf the Eugene Code or den'ed the appellants any rights afforded by the Code. 2. Substantive Issues. Eugene Code 5.045 governs the appeal of Administrative Order Number 58-99- 05. Eu ene Code 5.045 provides: "[t]he hearings official may affirm, modify or repeal ' the ad inistrative action using the criteria set forth in section 5.055." Section 5.055 sets forth t e criteria to be used by the manager's designee in making decisions such as Admi istrative Order Number 58-99-05, and these are the criteria listed and addressed in Admi istrative Order Number 58-99-05. Section 5.055 lists 14 criteria, one of which has 11 fac ors as a part of the criterion. These criteria are listed sequentially without any indica 'on that any one is to be given greater emphasis. For that reason, each must be consid red and weighed against all others. 5.055(a) Traffic engineering principles and traffic investigations. The Administrative Order discussed the effect of several traffic engineering princi les, including access control, intersection capacity and safety. The administrative order considers two aspects of access control. The first conce s access to properties from a street. The administrative order concludes that direct ccess to properties from Stewart Road will not be affected. There is no evidence to the ontrary. The second aspect of access control is access to property from the street system as a who .The City's Origin and Destination Study concluded that there were 540 vehicles using tewart Road as a through road on a daily basis. The administrative order conclu es that approximately half of these trips will have their access affected, and will thus h ve the trip length and travel time increased. The administrative order concludes that th closure will not affect local trip access. The administrative order concludes that the closure will affect travel time, adding appro imately 50 seconds per trip to 320 trips per day. The order concludes that, since