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1 <br />LAWLER Daniel R <br />From:Paul Conte <paul.t.conte@gmail.com> <br />Sent:Tuesday, September 11, 2018 3:02 PM <br />To:*Eugene Mayor, City Council, and City Manager <br />Cc:LAWLER Daniel R <br />Subject:Draft resolution denying M49 18-1 (Moore) claim <br />Attachments:ResolutionDenyingM49_18-1_DRAFT.pdf; Resolution5202DenyingM49_17-1 <br />_ADOPTED.pdf <br />September 11, 2018 <br />Mayor and Councilors, <br />The City Manager should provide you with TWO resolutions and supporting findings for you to <br />consider at your September 24th meeting. One should be for granting the M49 claim and the other <br />for denying the M49 claim. <br />If, however, the City Manager were to neglect this responsibility, the Council would be in a jam <br />because, to defend a denial on appeal, the City needs to have set forth it's analysis and basis for <br />denial in a resolution. It would be virtually impossible to construct that on-the-fly. <br />Consequently, the Mayor and Council should direct the City Manager to produce both alternative <br />Resolutions and Findings. <br />In the eventuality that the City Manager nevertheless does not provide an alternative resolution, <br />I've attached a DRAFT Resolution to deny the M49 18-1 (Moore) claim. I've also attached the <br />ADOPTED Resolution that denied the M49 17-1 (Wilson) claim. You can easily see that the draft is <br />worded exactly as the adopted resolution, except that the particulars of the claimant, the basis of <br />the claim and the property are changed. <br />The supporting version of the City Manager's Report could be created very efficiently by "cloning" <br />the City Manager Report for the M49 17-1 (Wilson) claim. If the short time that the record is open <br />permits, I will attempt to provide a draft for at least the analysis sections. Obviously, this should <br />be a task that the legal and staff completes, but .... <br />This message and attachments are submitted as testimony re the M49 18-1 (Moore) claim. <br />Paul Conte <br />1461 W. 10th Ave. <br />Eugene, OR 97402 <br />_________________ <br />Accredited Earth Advantage <br />Sustainable Homes Professional <br />September 24, 2018, Meeting - Item 3