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. M I NUT E S EUGENE CITY COUNCIL June 6, 1979 Adjourned meeting from May 30, 1979, of the City Council of the City of Eugene, Oregon, was called to order by His Honor Mayor Gus Keller, June 6, 1979, 11:45 a.m., Council Chambers, with the following Councilors present: Jack Delay, Betty Smith, Eric Haws, Brian Obie, Gretchen Miller, Emily Schue, Scott Lieuallen, and D.W. Hamel. I. ITEMS FROM MAYOR AND COUNCIL - e A. East Skinner Butte Historic landmark Designation Mr. lieuallen said that citizens have filed a suit against the City and Otto Poticha, have gained a temporary restraining order against the construction project, and have asked the Court to make a declara- tory statement on whether the application that Mr. Poticha applied for was valid and complete at the time that the legislation went into effect on the historic district. He said that there will be a hearing on June 11 to determine whether the restraining order ought to be continued through the time the Court makes a determination on the building application. The City is a defendant in a suit that alleges that improper procedures are being used in granting permits and that, when a policy of the City changes and becomes an ordinance, the application has to be reviewed under the new legislation; the argument of the Attorney is that that is unfair. The City Attorney contends that the ordinance that was in effect at the time the permit was issued will be the ordinance that will be upheld. The lawsuit, he said, contends that the current law is what should be upheld. The lawsuit asks the City to suspend or revoke the building permit pending the legislation, and Mr. Lieuallen feels that the Council should take no action until the Court rules on the restraining order. He said that there may be policy implications involved and that Council should determine financial risk by involving the Council in matters other than being a defendant. He said that, if the Council were to revoke the permit, the suit would be moot; and if the developer is required to go back through the process and inadvertently lose financing and time then there could be a liability in the area of increased interest rates and delays in construction. Mr. Hamel is in favor of Mr. Lieuallen's suggestion to wait until the June 11 court decision. Ms. Miller feels comfortable suspending the permit now. June 6, 1979 Page 1 MINUTES--Eugene City Council 35