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<br /> j <br /> • <br /> the hearings official shall render the official's decision in writing, based on the criteria in <br /> Section 5.035 of the Eugene Code, 1971. The decision shall be filed with the City <br /> Recorder aid a copy thereof mailed to the appellant and all persons who testified orally <br /> or in writing at the hearing. When the decision concerns traffic diverters or permanent <br /> street closure the decision shall also be distnbuted to the City Councd at the time it is filed <br /> with the City Recorder. Unless the matter appealed requires City Council action, the <br /> decision of the hearings official shall be final when filed with the City Recorder. Decisions <br /> that required City Council action shall be forwarded to the City Manager for inclusion on <br /> ~ Council agenda. <br /> 9. ' Record of Hearing Proceedings. <br /> 9.1 A written record of the hearing shall be prepared but a verbatim record <br /> is not required. To assist in the preparation of the record, the proceedings may be <br /> stenographically or electronically recorded, but the record need not set forth <br /> evidence verbatim. <br /> 9.2 Where practicable, the hearings official shall cause all presented physical <br /> and documentary evidence to be received and to be marked to show the identity <br /> of the person offering the evidence and to indicate whether it is presented on behalf <br /> of the appellant, the city, or an interested party. If evidence is not capable of being <br /> incorporated in the record, it shall not be included. All exhibits received into <br /> evidence shall be retained by the staff until the time to appeal the hearings official's <br /> decision or City Council's decision has lapsed, at which time the exhibits may be <br /> released upon written demand to the person identified thereon as having offered <br /> it, d~sposed of or, retained for future use. <br /> 10. Review by City Council. Within 30 days from the date a decision of the <br /> hearings official concerning traffic diverters or permanent street closure is filed with the <br /> CCity Recorder a Councilor may file with the City Manager a written request that at its next <br /> scheduled Meeting the Council consider whether to review the decision. If a determination <br /> to review i$ made, implementation of the hearings official's decision shall be suspended <br /> pending a (decision by the council. The time, date and place of the hearing shall be <br /> ~established~ and at least ten days prior written notice thereof shall be mailed to or <br /> otherwise delivered to all persons who appeared before the hearings official. At the <br /> 1~earing the',, Council shall consider the record before the hearings official and any additional <br /> evidence it' wishes to hear. At the conclusion thereof the Council may affirm, modify, or <br /> ,reverse th~ hearings official's decision, based on the standards in Section S.O55 of the <br /> :Eugene Coe, 1971. The decision of the Council is final, and shall be filed with the City <br /> ;Recorder ajnd mailed to all persons to whom notice of the hearing before the Council was <br /> .given. <br /> This Rule is adopted after giving public notice by publication thereof on December <br /> ~r Administrative Order - 7 <br /> <br />