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Stewart Road Closure <br />May 10, 1999 <br />Page 12 <br />5.055(1) The physical condition and characteristics of the street and abutting <br />property. <br />The City described the physical condition of Stewart Road, examining both the <br />deteriorated condition of the eastern portion and the improved condition of the western <br />portion. The condition of the eastern portion and the uncertainty as to the timing of <br />improvements caused by current City policy regarding improvements and assessments <br />constitutes an important factor in favor of closing the road. The City recognized the <br />increased costs and loss of business to the commercial and industrial properties on the <br />eastern portion of Stewart Road. Relying on the description of retail sales as a secondary <br />use of industrial property, the City concluded that the effect on retail sales should be a <br />minor concern for the businesses along Stewart Road. The appellants argued and <br />introduced evidence to show that several of the businesses were adversely affected by the <br />loss of business generated from pass through traffic. <br />5.055(j) Emergencies. _ <br />The City acknowledged that emergency services would be affected, but concluded <br />that it would be a minimal effect because the proposed closure had been reviewed and <br />approved by police and fire department personnel. The appellants introduced evidence <br />that the emergency response procedures had not yet adapted to the street closure. <br />5.055(k) The public health, safety and welfare. <br />The City concluded that the public health would not be affected by the closure. <br />The City also concluded that closing the street would increase public safety because it <br />would decrease the chance of an accident caused by drivers failing to deal with the <br />deteriorated condition of Stewart Road. The appellants pointed out the apparent <br />discrepancy between this conclusion and the reported lack of accidents on Stewart Road. <br />During the hearing the City explained its reasoning, suggesting that this discussion was <br />concerned with the increased likelihood of accidents if the road continued to deteriorate. <br />With regard to public welfare, the City determined that the public welfare would <br />be advanced by the closure. Stewart Road was described as a nearly unique situation <br />where a road in bad condition was being subjected to high traffic volumes. The City <br />described the reasonable expectation of motorists in being able to traverse City streets in <br />a prudent and normal fashion. The City also determined that amelioration of the <br />conditions faced by residents along Stewart Road was beneficial, "given the lack of <br />serious negative impacts and the positive feedback from the residents." <br />Ultimately it seems as if the dispute concerning the closure of Stewart Road <br />involves three factors, all of which can be classified under the public welfare category. <br />One aspect of this is a City wide issue concerning roads. The general public welfare is in <br />having streets and roads in a satisfactory condition, so that it is safe and convenient to <br />drive on those roads. If this public benefit cannot possibly be met with regard to a <br />particular road, the City has determined that it is in the best interest of the City to close <br />the road. <br />The other aspects of the public welfare in this case are the competing interests of <br />the residents and the businesses along Stewart Road. The residents who wish to have the <br />