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<br /> on petition of a private party; and 2) the question of whether <br /> Eugene is or is not urban in character. He felt the latter issue <br /> could be clarified in the City's 1990 Update Plan. He noted the <br /> Commision has not found anything wrong with the Council's substan- e <br /> tive decision to rezone the Cone-Breeden property. The alleged <br /> error is its failure to document adequately the decision, i.e., <br /> insufficient findings on the need for housing. Regarding the <br /> Commission's jurisdiction to hear, a challenge on rezoning by a city, <br /> he noted the expense involved and felt tile City of Eugene alone <br /> should not use its resources. He felt the matter could be clarified <br /> by the Legislature if it so chooses, and perhaps other cities will <br /> raise that question at some future time. <br /> Mr. Williams wondered if the Cone-Breeden applicants had been <br /> aware of the City's suggested course of action. Mr. Long said <br /> that the applicants were not consulted. However, they had filed a <br /> new application for request for rezoning that portion where the <br /> zoning was found to be invalid. <br /> Mr. Williams indicated his astonishment at the idea of anyone <br /> finding a city of over 100,000 people not to be an urban area. <br /> Mayor Keller noted he would keep the issue in the forefront of the <br /> League of Oregon Cities. He hoped that through the League the issue <br /> would be kept in the forefront at the legislative level. <br /> Mr. Hamel moved, seconded by Mr. Delay, to accept the staff's <br /> report on the Cone-Breeden zone 'change appeal. Motion carried <br /> unanimously with Ms. Smith abstaining. <br /> E. Scobert Report--Manager noted there was to be a report from the . <br /> staff today regarding the details of errors in the survey infor- <br /> mation, and exploring whether or not some third party could pay for <br /> the errors related to this item. Staff is still exploring whether <br /> or not insurance will cover the legal fees. Mr. Haws said he <br /> was not concerned as to who made the error, but if the money could <br /> be paid from a fund other than the General Fund. <br /> The item will be discussed at the December 13 meeting. <br /> II. Routine Items for Council Approval <br /> A. Council Minutes November 22, 1978 <br /> Mr. Hamel moved, seconded by Mr. Delay, to approve Council <br /> minutes November 22, 1978. Motion carried unanimously. <br /> 12/6/78--2 . <br /> .::: <br /> 158 <br />