<br />October 25, 2013 <br />Mr. Ken Helm <br />City of Eugene Hearings Officer <br />c/o Becky Taylor, Associate Planner <br />City of Eugene <br />th <br /> Avenue, <br />99 West 10 <br />Eugene, OR 97401 <br /> <br />Re: City File No. PDT 13-1; Oakleigh PUD <br /> Objection to impermissible evidence / request to reopen record <br /> <br />Dear Mr. Helm: <br />On October 16, 2013, I submitted an objection to evidence that the applicant’s representatives <br />submitted after the October 9, 2013 deadline for such evidence. <br />On October 23, 2013, the applicant’s attorney, Zack Mittge, submitted a letter that claimed: <br />“At the hearing on October 2, 2013, the Hearings Official specified the following <br />open-record sequence: (1) October 9, 2013: the deadline for thesubmission of <br />evidence on any topic into the record; (2) October 16, 2013: thedeadline for <br />submission of evidence and testimony and testimony [sic] responsive to those <br />materials which were introduced into the record on or before October 9, 2013; <br />(3) October 23, 2013: the deadline for the submission of the applicant’s final <br />rebuttal.” <br />Mr. Mittge misstates that October 16, 2013 was “the deadline for submission of evidence ... <br />responsive to those materials which were introduced into the record on or before October 9, <br />2013. <br />According to the audio recording of the hearing, the only evidence permitted after October 9 <br />was evidence that is responsive to newissues or evidence submitted in the first week of the <br />1 <br />written open record period following the public hearing. (By Mr. Mittge’s assertion, the second <br />1 <br /> Beginning at 21:14 in the recording, the Hearings Official stated: <br />At 21:14 “Based on the request to leave the record open, I am required to grant that request for at least 7 <br />days; and what is typical ... what I like to do is I do a three-week, three-week total time, but segment it. So the <br />record will be left open until October 9 for argument and evidence on any issue by any person. OK. <br />The record will remain open ... So, if you have new evidence to submit – evidence means documentary <br />evidence, reports, stuff you pull off the internet, other people’s opinions – that stuff can come in up until <br />October 9. OK. <br />Then I’ll leave the record open until October 16th for responsive argument and evidence only. OK. That means <br />no new issues out of the blue that didn’t come up in that first open record period, which ended the 9th. OK. And <br />I prefer, although in situations like this where I anticipate new evidence will come in, in the first week, I need to <br />leave the record open to allow for responsive evidence, in the second week. But I very much prefer argument <br />only in the second week. The reason for that is is that the City is on a 120-day deadline to get this application <br /> <br />