CC Minutes - 08/05/98 Work Session

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MINUTES Eugene City Council McNutt Room--City Hall August 5, 1998 11:30 a.m. COUNCILORS PRESENT: Pat Farr, Tim Laue, Bobby Lee, Scott Meisner, Nancy Nathanson, Betty Taylor, Ken Tollenaar. COUNCILORS ABSENT: Laurie Swanson Gribskov. I. CALL TO ORDER The adjourned August 3, 1998, Eugene City Council meeting was called to order at 11:30 a.m.; His Honor Mayor James D. Torrey presiding. II. ACTION ITEMS A. Work Session/Action: Authorization of City Manager to Enter into Project Cooperation Agreement with the Army Corps of Engineers (ACOE) for the Lower Amazon Creek Environmental Restoration (Section 1135) Project Les Lyle, Public Works, provided the report, introducing Matt Rea of the US Army Corps of Engineers. He reviewed the agenda material and indicated that the City was at a critical stage and needed to enter into a project cooperative agreement with the ACOE. He noted that normally the agreement would be executed by the City Manager but there were two components that required council action: 1) commitment to condemnation, should it become necessary; and 2) address the lack of a "cost cap" clause for the City. He explained that the ACOE's responsibility is capped at $5 million but there is no such protection for the City's portion and staff has no authority to enter into such an agreement so concurrence from the council is needed. In response a question from Mr. Meisner, Mr. Lyle said contract oversight and supervision will be provided by the ACOE. Mr. Meisner expressed concern that subcontractors, under this sort of arrangement, often seem not to be as concerned about cost overruns and delays and hoped there was some recourse for the City. Mr. Lyle said staff would work closely with the ACOE to ensure that was not the case and the project would be completed in a timely manner. Addressing a question from Mr. Farr, Mr. Lyle said the project in question was 398 acres total and there were four remaining properties yet to acquire. He explained that those remaining owners are well aware of the process and are reviewing appraisals for property values with staff. Mr. Lee asked for an explanation of the last paragraph in Section V(A) of the item summary. City Attorney Glenn Klein explained that the issue was the authority question; one City Council cannot bind a future City Council to a legislative action, but it can bind itself. He said that is why a request for condemnation authority (if needed) is to come back in the fall to ensure that staff is MINUTES--Eugene City Council August 5, 1998 Page 1 11:30 a.m.