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<br /> <br /> <br />Mr. Clark asked how long the project had been on the boards and if the State had imposed a deadline for <br />using the funds. <br /> <br />Mr. Schoening said the project had been carried forward on TransPlan for many years. Funding had been <br />received several years ago, after which negotiations were initiated with Delta Sand and Gravel about two <br />years ago. This resulted in modifying the project somewhat. Negotiations would continue with Delta Sand <br />and Gravel through August. He added there was no deadline for use of federal STP-U funds, but there was <br />a deadline associated with the transportation enhancement grant funds. <br /> <br />Mr. Clark opined he would likely vote for the resolution because the path was an important link into the <br />bicycle system and the neighbors had been waiting for the path for a long time. He thought Delta Sand and <br />Gravel had been treated horribly by the City over a number of issues. <br /> <br />Mr. Pryor asked if eminent domain was being used as a tool to enable Delta Sand and Gravel to take <br />advantage of a tax advantage to the company, or if it was a straightforward condemnation. <br /> <br />Mr. Schoening said it was a straightforward condemnation. Delta Sand and Gravel was willing to sell the <br />property, but a mutually agreeable price had not been established. <br /> <br />Mr. Pryor asked why this project would not have a Dolan case significance. <br /> <br />City Attorney Glenn Klein said in the Dolan case, the Supreme Court had decided that the action was not <br />condemnation but rather exaction, and the City was not going to pay anything for the property. <br /> <br />Mr. Pryor said condemnation should not be used unless there was a compelling reason. If this proposed <br />action was an exaction, he would not be able to support it. If the compensation for Delta Sand and Gravel <br />was within a reasonable realm, he would support the action, with the caveat that condemnation of any kind <br />was not the preferred option. He was shakey on the compelling reason and would like to see a satisfactorily <br />negotiated deal. He would reluctantly support the resolution with the hope that staff would continue to a <br />reasonable outcome. <br /> <br />Mr. Zelenka said the bicycle extension was an important link from Santa Clara to downtown and the entire <br />community would benefit from the project. He noted the project had been modified extensively by putting <br />an expensive tunnel under the main entrance to Delta Sand and Gravel. He asked how much land was <br />involved and where it was located. <br /> <br />Mr. Schoening directed councilors to Attachment B of the Agenda Item Summary, which was an aerial <br />photograph of the area being considered. He added condemnation proceedings needed to commence in the <br />courts by September 1, 2010. <br /> <br />Mr. Zelenka concluded he could support the resolution. <br /> <br />In response to a question from Mr. Brown, Mr. Klein said condemnation proceedings would be filed in <br />Lane County Circuit Court and the outcome would be decided by a jury. <br /> <br /> <br />MINUTES—Eugene City Council July 26, 2010 Page 8 <br /> <br /> <br />