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dealing with the same council. If the council did not approve the condemnation ordinance and if <br />it was necessary, the ACC)E, theoretically, would have a claim against the City for breach of <br />contract. Addressing a follow-up question, Mr. Klein said the agreement binds the City to pay <br />whatever the additional costs are; but in the event that the cost estimates are inaccurate, staff <br />from the ACC)E and the City have discussed restructuring the project to get back to the budgeted <br />amounts. But in the end, he said, if the ACC)E did not agree with a reduced scope, the City <br />would be obliged to pay whatever the amount was. Mr. Lyle added that historically there have <br />been no problems with these types of agreements and the ACC)E has outlined the good faith <br />"practices" that would be used should there be areas of disagreement. Mr. Lee expressed <br />support for the plan, saying it met established goals and was best for the larger community. <br /> <br />Ms. Nathanson said the council has considered acquisitions such as this previously and their <br />worth, reiterating that condemnation is a last resort. She said she has heard no objections to the <br />proposal so she was confident that all the property owners understand that the project must go <br />forward. She agreed that the timing was critical and said she supported the project. <br /> <br />Mr. Tollenaar noted that this is a local project and there has been excellent cooperation from the <br />federal government and the City should accept the good faith efforts made by those agencies. <br /> <br />Mayor Torrey pointed out that in the discussion of parks and open space numerous people <br />wished for available land to be used as buffer space around the City's periphery and this project <br />will provide such a buffer. <br /> <br />Mr. Meisner recalled his experience with condemnation when his home was acquired to attach to <br />a City park some 15 years ago and agreed with Ms. Nathanson that it should be used only as a <br />last resort. He reminded the council that takings of this nature cannot be done without "just <br />compensation." <br /> <br />Mr. Fart ascertained that with this project the foundation for the Amazon bike path will be tied to <br />Roosevelt Boulevard and Terry Street, ultimately tying into Greenhill Road and Royal Avenue as <br />well. Mr. Lyle added that local funding will be needed to carry the path all the way to Royal <br />Avenue and the path will be a separate project. <br /> <br /> Mr. Fart moved, seconded by Mr. Tollenaar, to authorize the City Manager to <br /> approve the Project Cooperation Agreement, and to direct the City Manager <br /> to return to the council before the end of this year with a condemnation <br /> resolution in the event that voluntary negotiations to acquire the necessary <br /> properties are not successful. The motion passed unanimously, 7:0. <br /> <br />Mayor Torrey asked Mr. Rea to relay the City's appreciation for the federal support for the project. <br /> <br /> B. Work Session and Action: Recreation Add Back (FY99 Budget Discussion) <br /> (Postponed from July 29, 1998) <br /> <br />Linda Phelps, Library, Recreation and Cultural Services Department, provided the report, <br />recalling that the council had asked staff to explore budget add-backs to senior and youth <br />programs. She reviewed Option A, Volunteer Resource Link and Option B, Partial Restoration of <br />Funds for Recreation Services, and noted that Option A would generate up to $200,000 in <br />matching resources. <br /> <br />MINUTES--Eugene City Council August 5, 1998 Page 2 <br /> 11:30 a.m. <br /> <br /> <br />