04/27/1981 Meeting - Laserfiche WebLink

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e e e Testifying against the bicycle connector: Jack Ward, 2125 Greenview, passed out another petition of signatures opposing the bicycle path. He explained he lives on the property under contention. He purchased the lot in 1976. It was a nice lot on a quiet street. The master plan for bicycle plan had been fixed and none were planned in this area, although they had been considered by the Planning Commission. The bicycle path was rejected because it would interfere with golf course activity. The realtor gave him a list of covenants approved by the Eugene Building Division. He believed he could rely on enforcement of those covenants, such as no high fences and placement of fences--no offensive activity. These covenants were in force until 1992. Mr. Ward had an architect build the home and moved in September 1980. He said they would not have done that if they had known that a bicycle path would be eight feet from their family room window. Before construction began, not one person contacted him about the bicycle path through his yard. He explained the petition signatures. He had hired an appraiser to determine the cost the City would incur if they built the bicycle path. It would take $35,000 to acquire the land, build the path, etc. He feels his property is damaged because of the loss of privacy. The loss in value would be not less than $50,000. Mr. Ward explained the map showed the people in favor (12) and those opposed (93). Including golfers, 520 were opposed. Nita Whealy; 2115 Greenview, testifed she had a home next to the proposed path. She lived a one. She wanted an area for protection and security, a cul-de-sac. If the bicycle path were allowed, people will be aware that she lives alone. It would be within feet of her garage. There is a stairway to her bedroom within feet of the proposed bicycle path. Part of the driveway would have to be removed. She passed out pictures. She showed a sign of the Rose Garden bicycle path saying high risk rape area, along with newspaper stories. She asked the City Council to think of her position. Lewis Hoffman, 275 Sunset, attorney for Mr. Ward, said the City does not have the money to fund this small connector. In order to get this done, Mr. Kernutt and Dr. Jarrett sent a letter to the City in which they said that they would personally pay $20,000 if the City would give them what they wanted in this instance. These private individuals that do not have the power to condemn their neighbor's yards and should not be allowed to pay the City to do that for them. It would be their position that any such arrangement would be illegal and void as against public policy. Condemnation proceedings would be very expensive. The area is highly restricted. It is not designed for traffic. Overwhelming opinion is against the bicycle path. Judi Huntington, 985 St. Andrews Drive, said this country is based on the right to own private property. This is an action of condemning private property. It undermines one's basic right. Acting Mayor noted the opposition had had the same time to testify. Council agreed to hear items that had not been heard previously. Otis Holland, 619 Spyglass, spoke about the increased number of people and the traffic hazard. MINUTES--Eugene City Council April 27, 1981 Page 7