Item 3E: Resolution Concerning Measure 37 Claim (Bush)

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Jefferson Westside Neighbors A City-Chartered Neighborhood Association www.jwneugene.org November 27,2006 Mayor Piercy and Eugene City Council City Hall, 777 Pearl Street, Room 105 Eugene, OR 97401 eYe I j r IVIA'"\l . _ vA <.:i l::: R NOV 2 72006 RE: Measure 37 claim for 1333 W. 10th Ave. Dear Mayor and City Councilors: We'd like to follow-up on two items regarding the Measure 37 claim for 1333 W. 10th Ave. At the hearing, Jon Belcher stated the agreement among the property owner and her family, nearby residents, and the neighborhood association was "definitely not a win for the City." Mr. Belcher, however, didn't indicate what outcome he thought would be preferable. It's unclear whether he was suggesting Council deny the claim - despite staff s opinion the claim is valid - and thus risk a protracted and expensive legal battle with the owner. Or whether Mr. Belcher was suggesting Council waive or modify additional standards beyond what the claimant has agreed to, thereby setting a precedent that would unnecessarily broaden the impact of future Measure 37 claims. We firmly believe the course recommended by staff and the JWN is better for the City than any available alternative. By adopting the proposed resolution, Council will avoid unnecessary legal conflict and minimize the risk of additional financial burden on the City. Further, the resolution strictly limits the modifications granted and establishes specific, unique criteria upon which approval of the modifications is based, thereby assuring any precedent set is as narrow as possible. Measure 37 itself is certainly no "win" for the City or neighborhood residents. But doing away with Measure 37 was not an alternative we or anyone else could bring to Council. Under the circumstances, the agreement reached by the parties offers the City the best "win" possible. On another item, Susannah Meininger contacted the JWN co-chairs after the hearing and asked on what date the JWN approved the Measure 37 agreement. For Council's benefit, the JWN Executive Board adopted the motion shown on the reverse side on September 19, 2006, and the minutes of this board meeting were published on the JWN Web site on September 29. Extensive information about the Measure 37 claim, the co-chairs' work on an agreement, and the board's action has been published on the JWN Web site (see jwneugene.org/m37.html), in printed meeting.handouts, and in the JWN's e-mail newsletter. Please contact either of us if we can provide further information. Respectfully, ~c4 Rene Kane, Co-Cl1air 254 W. 14th Ave. rkane@highstream.net 343-4309 P ul Conte, Co-Chair 1461 W. 10th Ave. pconte@picante-soft.com 344-2552