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Mr. Tollenaar asked if the City did not initiate the plan and zone changes and the property owner <br />was unable to pay the cost of the applications, would loss of the use of the building on the <br />property with the erroneous zoning classification constitute a "taking" by the City. Mr. Klein <br />replied that he did not believe that the situation described would be such a taking because there <br />was still an ability to economically use the property. <br /> <br />Mr. Laue said that he believed the City should initiate the plan amendment and zone change <br />since it did not create a conflict with the Whiteaker Plan and was a compassionate thing to do. <br /> <br />Mr. Farr said he believed that since the current situation was the first error that had been <br />discovered in the process which had led to adoption of the Whiteaker Plan, it was indication that <br />staff had done a good job in its implementation. <br /> <br /> Mr. Farr moved, seconded by Mr. Tollenaar that the City of Eugene initiate a <br /> change to the Whiteaker Plan to designate the Clark property at 927 West 1st <br /> Avenue as mixed use and to initiate a change in zoning to MU/SR Whiteaker <br /> Mixed Use with a site review zoning overlay. The motion was adopted <br /> unanimously, 6:0. <br /> <br /> Mr. Farr moved, seconded by Mr. Tollenaar that Planning Department staff <br /> be directed to prepare applications necessary to implement the change to the <br /> Whiteaker Plan and zoning change just initiated and to waive all application <br /> fees in connection with them. The motion was adopted, 5:1, with Ms. Taylor <br /> voting no. <br /> <br />The meeting adjourned at 8:25 p.m. <br /> <br />Respectfully submitted, <br /> <br />James R. Johnson <br />City Manager <br /> <br />(Recorded by Dan Lindstrom) <br /> <br />MINUTES--Eugene City Council November 9, 1998 Page 5 <br />7:30 p.m. <br /> <br /> <br />