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Stewart Road Closure <br />May 10, 1999 <br />Page 16 <br />: "Except when reviewed as provided in subsection (3) of this section, the decision <br />of the hearings official shall be final when it is filed with the City recorder's <br />office. At the time the decision is filed with the city recorder's office a copy of <br />the decision shall be mailed to the appellant. When the decision concerns <br />installation or removal of traffic diverters or the permanent closure of a street, the <br />decision shall also be promptly distributed to the council. <br />**~ <br />(3) Any councilor may seek council review of the hearing official's decision <br />concerning the installation or removal of traffic diverters or the permanent closure <br />of a street by filing with the city manager's office a written request to have placed <br />on the council's next agenda the consideration of whether the council will review <br />the hearings official's decision.. Such request shall be filed within 30 days from <br />the date the hearings official's decision is filed with the city recorder." <br />This decision concerns the closure of a street. The closure also involved the <br />installation of traffic diverters in the form of barriers that forced traffic to turn around. <br />For these 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 of calling for a Council hearing on the decision. If the Council does not elect to <br />review the decision, the decision will become final and will thereafter be subject to an <br />appeal under state law. <br />,- This decision will become final thirty days from this date unless, prior to June 9, <br />1999, one of the members of the City Council files a written request to place on the next <br />Council agenda the question of whether the Council will review this decision. If no such <br />written request is filed before the end of the day on June 9, then the decision will become <br />final. At that time any further appeal of this decision would be to the Oregon Land Use <br />Board of Appeals. <br />Conclusion <br />After the earlier decision ordering Stewart Road be reopened, the City <br />reconsidered the administrative order and decided to renew the decision to close Stewart <br />Road. The appeal hearing of this later administrative decision revealed evidence that the <br />City had not considered regarding the negative impact of the street closure. There was <br />evidence in the record that demonstrated that the City considered the need to close the <br />road and thereby prevent further deterioration of the road to be a greater priority than any <br />of the types of negative consequences identified during the hearing. Under the standards <br />of Eugene Code section 5.055 and the authority granted the hearings officer by Eugene <br />Code section 5.045, the City's decision must be affirmed. <br />Res ectfull submitted, <br />Milo Mecham <br />Eugene Hearings Officer <br />