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federal money was acquired and spent before the public was advised of the selected route and if so, would those moneys need to be returned if the route was not built. He questioned whether there was a potential development on West 11 `" Avenue that would benefit from the system to a greater degree than other businesses who would be impacted by the route. He asked if Eugene property owners potentially affected by the system understood all of the system's ramifications. He believed there were more questions about the system than answers. He believed that in difficult economic times, such expenditures must be more clearly explained than in the past. Charles Moss, 4255 Berrywood Drive, recalled his involvement in the search for land for a new community park in Santa Clara and said when he asked about the possible use of eminent domain for such a purpose he was told by City staff that the City did not use eminent domain. He reported he had recently asked Councilor Farr if Lane Transit District (LTD) planned to use eminent domain to acquire the land it needed for the proposed route in West Eugene. Councilor Farr had responded that no one had mentioned eminent domain and no councilors had raised the issue. Mr. Moss hoped the question was asked soon. He suggested that the lack of such questions implied the answer was already known. He said if the Eugene council voted for the project and LTD used eminent domain, the council would, in effect, be approving the use of eminent domain against its citizens and business owners. Mr. Moss concluded by asking how a government could compensate a person for a business that no longer existed once it had taken that person's property. Kim Sawyer, 2170 Greenview Street, owner of a business on West 11` Avenue, recalled that LTD had used taxpayer money to print an advertisement with the names of 156 people in support of EmX. Mr. Sawyer reported that he had placed a petition opposing the proposed EmX route in his business and more than 200 people signed it without being asked at no cost to him or the City. He said the council needed to listen to its constituents, and business owners were also constituents and they voted. He asked the council to say no to the EmX project at this time. He also asked the council to consider a process similar to the "Envision Utah," which included a public vote. He suggested that LTD employ smaller, more fuel - efficient buses on West 11` Avenue that traveled more frequently when needed and less often when they were not. He also advocated for timed lights and bus turnouts on West 11` Avenue. Bob Macherione, 1994 Brewer Street, believed that Mayor Piercy was closed to input about LTD's plans for EmX in West Eugene. He responded to what he termed "misinformation" provided to the council by LTD. He said that LTD had stated that fuel was only five percent of the anticipated budget, but provided the route opponents with information that indicated operating costs per mile were projected at $1.69, and 53 cents of that was fuel and calculated at a time of lower fuel prices. He said at the last board meeting, LTD Finance Director Diane Helleckson had reported to the board that LTD had to recalculate fuel prices but LTD continued to deny that fuel prices were a factor. Speaking to claims that LTD would reduce congestion on West 11` Avenue, Mr. Macherione said the mitigation proposed by LTD included running 60 -foot EmX vehicles in mixed traffic from Garfield to Seneca streets. He pointed out that was half of the most congested part of the route that LTD was supposed to be solving the congestion problem for. He questioned how the congestion problem was going to be solved by an expensive system with buses that traveled in the exact same manner as current buses. He suggested to Councilor Zelenka that his comments about the need to secure additional right -of- way for future light rail indicated he lacked respect for people's properties rights and he predicted property owners would fight "foot by foot and yard by yard" against that prospect. J. C. Unger, 2130 West 19 Place, offered the council an analogy that likened LTD to a cheating boy playing hide and seek at a party who broke an expensive object but whose parents did not have the money to pay for it. He said businesses were not "picking a fight" with LTD but rather were defending their rights. He asked why the council would use its power to benefit only three percent of residents while MINUTES— Eugene City Council February 28, 2011 Page 2 Regular Meeting