11/08/1976 Meeting - Laserfiche WebLink

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. - the existence of that resolution does not make a legal difference, but the existence of Council's position on the armory could be sufficient to conclude that Council could act on the matter. Councilman Williams wondered if, under Fasano stipulations, Council could initiate a zone change and then sit in a quasi-judicial role. Assistant City Attorney said that would be legal. He said that the Attorney General has earlier issued an opinion discussing a doctrine called the "role of necessity." It states that, if all on a govern- ing body have a disability so that nothing can be done, that disability is declared and made a part of record and the role can be assumed in order to make the government function. Mrs. Shirey wondered how an injunction could be obtained. Assistant City Attorney responded that it would be necessary to find some error in the demolition contract award and, too, there would be some liability if an injunction was wrongfully obtained. The Ci ty would be liab Ie for damages. Council President Keller then recognized those wishing to comment, and Mike Gannon, 3006 Willamette, said that the Armory is a focal po in t for many in the community. "It is the last remaining structure from an era before all of us, and it is important to the mental -- health of many seniors", he said. Jan Muller, Historic Review Board, said that they are simply asking Council to direct the City Attorney's office to investigate the legal basis for stopping demolition. He added, too, that the State has advised them that the Armory might be eligible for the National Historic Register. Depending upon how long it would take the attorney's office to work on the matter, Mrs. Shirey wondered if there would be enough left of the Armory to save. Assistant City Attorney said their office would complete the task as soon as possible, and he raised the point that they may not even be able to find a cause for stopping the demolition. Mr. Keller stated, that, even if Council chooses not to take any action, he wanted those concerned to realize that Council does not take the matter lightly but, rather, that time is the enemy in this case. Mr. Haws moved seconded by Mr. Williams to adjourn the meeting. Mot ion carried, all Council members present Approve voting aye except Mr. Bradley voting no. Mr. Haws moved, seconded by Mrs. Beal, to approve, affirm, and fi Ie .- as noted Items A through R of October 27, 1976 committee and Items A through 0 under November 3, 1976 commi tte'e. Rollcall vote. Motion carried unanimously. Minutes 11/8/76 -19 555