CC Minutes - 04/26/99 WS - Laserfiche WebLink

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Mr. Meisner closed the public hearing. Mr. Kelly indicated he was willing to take action and expected to support the easement after some technical questions were satisfied. He commended staff and River Island Estates for reaching an agreement that avoided a court decision. Mr. Kelly asked how the existing easement would be closed to bicycle riders given that it was already partially improved. City Engineer Les Lyle said that as part of the agreement with River Island Estates, a gate, landscaping, and/or signage would be installed by the City on the west end of the existing, to-be-vacated path; River Island Estates would take care of the east end. Mr. Klein added that the Planning Commission had included as a condition of approval of the Greenway Permit the installation of barriers to preclude the path's use. Mr. Kelly asked if the existing public access easement north of River Island Estates were paved. Mr. Lyle said yes, the paving came to a stop near the East Bank Bicycle Trail route. The City would create a permanent connection to that path as part of trail construction. Mr. Kelly asked if the easement to the south connected to Alexander Loop. Mr. Lyle said yes. He added that when development between River Island Estates and Alexander Loop occurred, the City would also consider that development proposal to determine if additional connections were warranted. Mr. Rayor asked about the width of the easement to the north through The Boulders. Mr. Lyle estimated the easement's width at between 10 and 15 feet. Mr. Rayor said he was willing to consider action at this time, but was concerned about the cost of the easement. He asked if the value of the easement was similar to the value of the right-of-way. Mr. Lyle said no. He said that because the City was retaining emergency access rights, staff responsible for property appraisals determined there was no net value in the transaction, so the City was not recommending an assessment for the vacation. He confirmed, in response to a follow-up question from Mr. Rayor, that emergency access would be retained and was included in the ordinance. Mr. Rayor asked if any mechanism existed to reimburse the residual value for the easement to avoid setting the precedent of vacating easements without cost. Mr. Lyle said appraisal staff had recommended that no value be assigned to the transaction because of the retention of emergency access. If the City was not retaining emergency access, there would be a residual value, and staff would work with the council to address that issue. Mr. Pap~ indicated a willingness to take action at this point. He asked if the City had completed easements from the proposed bicycle path to Alexander and Goodpasture Island roads. Mr. Lyle said yes. Mr. Meisner said he was also willing to act at this time. He commended staff for its work with River Island Estates on the agreement and said that his concerns about the issue were assuaged by the provision of access to Goodpasture Island Road. He agreed with Mr. Rayor he did not want to set a precedent regarding residual value, but believed his concerns were addressed by the staff analysis. Responding to a question from Mr. Pap~ about whether he should declare a conflict of interest because a company he had an interest in property adjacent to the bicycle path, Mr. Klein said Mr. Pap~ did not have an actual direct conflict and could participate in the decision. MINUTES--Eugene City Council April 26, 1999 Page 4 8:30 p.m.