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Stewart Road CIosure <br /> May 10, [999 <br /> Page ]0 <br /> I <br /> I <br /> improv ment should be closed or have access limited until the improvements are <br /> initiate . <br /> <br /> i <br /> .OSS(e) Existing state and local laws regulating use of public ways. <br /> he only applicable state or local law that is apparently relevant to the decision <br /> conce ing a resolution of the problems of Stewart Road, is the City's Administrative <br /> Order 58-96-07, which prohibited through trucks and vehicles over eight tons. The <br /> testimo y was that this order had not succeeded in preventing all truck traffic, and had <br /> not hal d the deterioration of Stewart Road. This in turn means that something else <br /> should e done. <br /> Limiting access to streets or roads is among the authorities granted to the manager <br /> or the anager's designee in Eugene Code section 5.040. It was exercised when truck <br /> traffic as Iimited on Stewart Road. Completely closing a road is a larger step. There is <br /> nothin in the record that shows that any existing state or local laws regulating the use of <br /> public ays forbids or directs, requires or justifies the closure. <br /> 5.OS5(f) The efficient use of the public way by the public. <br /> The City order considers the positive and negative effects of closure on the use of <br /> the pu lic way. The order acknowledges the negative effect that closure will have on the <br /> use of he public way by the public. The City considers again the increased travel time <br /> and tra el distance imposed as a result of the closure. As with the previous consideration <br /> of thes effects, the City concludes that the increased travel time and distance is an <br /> unavoi able but acceptable consequence of the closure. <br /> The City considers that the public ways will be more efficiently used if traffic is <br /> divert to West 11`h rather than traveling on the deteriorated Stewart Road. The City <br /> conclu es that, without closure, continued use of Stewart Road would contribute <br /> substa tially to the further deterioration of Stewart Road. Since, under current City <br /> policy no improvements can be made to Stewart Road, it is more efficient to close <br /> Stew Road than it is to keep it open and deal with the further deterioration. <br /> Appellants challenge this conclusion by arguing that the reasons offered for not <br /> impro ing the street are not appropriate. In their view, avoiding improvements because <br /> of the ost of assessments to the residents, should not be used as a reason to delay <br /> impro ement. This is especially true since one of the stated reasons for avoiding the <br /> impro ements is the fact that sanitary sewers would be installed at the same time, and this <br /> would result in large assessments for the residents. Appellants point to the City's policies <br /> of req firing construction and connection to sewers elsewhere, and argue that those same <br /> polici s should be applied along Stewart Road. <br /> While it is legitimate to raise those policy questions at this heazing, it is not <br /> possi e to alter those policies by way of the appeal hearing process. It should also be <br /> pointe out that the cost issues that contributed to the City's policy decision included not <br /> only t e cost to the residents, but also the much higher than normal cost to the City, <br /> create because half the otherwise assessable properties would be exempt. Those <br /> I <br /> <br />