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<br />Mr. Haws wants the building permit retracted, but would also accept <br />staff's review of the matter. Manager concurred with Mr. Lieuallen <br />to wait until the outcome of the hearing. Mr. Tim Sercombe, City <br />Attorney's office, said that the City will defend itself by stating <br />that the issuance of the permit was proper and in conformance with the <br />policy of the City. The merits of the suit won't be decided until the <br />trial. Mr. Haws asked about the City's potential loss monetarily, and <br />Mr. Sercombe said that he will not know until it is decided whether <br />a preliminary injunction is issued. Mr. Haws feels that legal staff <br />should issue a memorandum with the information that Council needs to <br />know, and stated that his position is to do nothing if it doesn't cost <br />anything. <br /> <br />Ms. Smith agreed with Mr. Haws' position and asked if the Council <br />has the power to revoke permits; Assistant Manager said that he cannot <br />recall any instances. <br /> <br />Mr. Lieuallen feels that any outcome if the court issues an injunction <br />would be a losing situation for all parties concerned. He said that <br />the neighborhood wants the developer to go through the Historic <br />Designation Ordinance procedure, which may end up putting the City in <br />a financial risk position. <br /> <br />Mr. Delay apologized to the neighborhood for not listening to them <br />at last week's meeting. <br /> <br />. <br /> <br />Ms. Miller feels an obligation to protect the integrity of the historic . <br />zone. <br /> <br />Ms. Miller moved that the building permit be revoked. Motion died <br />for lack of a second. <br /> <br />Ms. Miller is concerned with the date that is set for a policy to <br />apply. She requested that staff report on other dates available; <br />difficulties that would arise; the best legal structure, e.g., <br />an ordinance added to the Code, or a written adopted policy. The <br />Councilors were in agreement and Manager made note of it. Mayor <br />Keller said that the outcome will be discussed at a later date. <br /> <br />Mr. Delay asked staff to also outline the areas of potential conflict, <br />which were accepted by Council. <br /> <br />Mr. Lieuallen asked for public comment. <br /> <br />Mr. Sercombe suggested that Council members not reply to public <br />testimony due to public litigation. <br /> <br />Mayor Keller allowed five minutes for public testimony and no Council <br />reply. <br /> <br />MINUTES--Eugene City Council <br /> <br />June 6, 1979 <br /> <br />Page 2 <br /> <br />31b <br /> <br />. <br />