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Stewart Road Closure <br /> May 10, 1999 <br /> Page 16 <br /> ` xcept when reviewed as provided in subsection (3) of this section, the decision <br /> f the hearings official shall be final when it is filed with the City recorder's <br /> ffice. At the time the decision is filed with the city recorder's office a copy of <br /> t e decision shall be mailed to the appellant. When the decision concerns <br /> i stallation or removal of traffic diverters or the permanent closure of a street, the <br /> ecision shall also be promptly distributed to the council. <br /> (3) Any councilor may seek council review of the hearing official's decision <br /> oncerning the installation or removal of traffic diverters or the permanent closure <br /> f a street by filing with the city manager's office a written request to have placed <br /> n the council's next agenda the consideration of whether the council will review <br /> e hearings official's decision. Such request shall be filed within 30 days from <br /> e date the hearings official's decision is filed with the city recorder." <br /> his decision concerns the closure of a street. The closure alscrinvolved the <br /> installat on of traffic diverters in the form of barriers that forced traffic to turn around. <br /> For the reasons, the hearings official's decision should be promptly distributed to the <br /> Council The nature of the decision also means that all members of the Council have the <br /> option f calling for a Council hearing on the decision. If the Council does not elect to <br /> review he decision, the decision will become final and will thereafter be subject to an <br /> appeal nder state law. <br /> his decision will become final thirty days from this date unless, prior to June 9, <br /> 1999, o e of the members of the City Council files a written request to place on the next <br /> Counci agenda the question of whether the Council will review this decision. If no such <br /> written equest is filed before the end of the day on June 9, then the decision will become <br /> final. t that time any further appeal of this decision would be to the Oregon Land Use <br /> Board f Appeals. <br /> I <br /> onclusion <br /> fter the earlier decision ordering Stewart Road be reopened, the City <br /> reconsi ered the administrative order and decided to renew the decision to close Stewart <br /> Road. he appeal hearing of this later administrative decision revealed evidence that the <br /> City ha not considered regarding the negative impact of the street closure. There was <br /> eviden a in the record that demonstrated that the City considered the need to close the <br /> road an thereby prevent further deterioration of the road to be a greater priority than any <br /> of the t pes of negative consequences identified during the hearing. Under the standazds <br /> of Eug ne Code section 5.055 and the authority granted the hearings officer by Eugene <br /> Codes ction 5.045, the City's decision must be affirmed. - <br /> Res ectfull submitted, <br /> Milo Mecham <br /> Eugene Hearings Officer <br /> <br /> I <br /> <br />