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City puts brakes on plan for bicycle path
(by Joseph Koziol Jr. - December 16, 2009)
City puts brakes on plan for bicycle path
By JOSEPH KOZIOL JR.
Chardon City Council held up approval of plans last week for pedestrian-bicycle paths through the city over concerns that private lands would be taken for them.
Council voted to table plans for the "Chardon Bikeway and Pedestrian Trail Paths" to allow for parts of the plan that show paths through residential properties to be eliminated.
"It's a simple concern. It's the back lots," Councilman Philip King said.
Council took the action despite an attempt to insert language that would state that no residents' land would be taken without their support, as well as a consensus from neighboring properties.
Councilwoman Leslie Bednar said the two main objectives of the plan will be to connect the north and south ends of the Geauga Park District's Maple Highlands Trail and close the gaps in the city's sidewalk network.
She said there would be additional language included stating that, after the Maple Highlands connection is completed, the plan would be further evaluated, and private properties would be pursued only with the landowners' support and the consensus of neighbors, if at all. She said the plan already included similar language, but there was some concern that it had been "buried" on page 6.
Mr. King said he had received calls from concerned residents whose properties were shown in the plan to be included in areas with paths. He said they believed that, if it's in the plan, they could lose their property to the public path. He said council sought a "strong commitment" not to seek those private properties.
He said, even if the city wanted to take those properties, it would not be an easy task. He said the city has to prove in court that it would be needed for the safety and welfare of the community.
Law Director James Gillette said park and recreation purposes are deemed "legitimate reasons" for the use of eminent domain.
He said, even if this council includes the statement about not using residential private properties, future councils could change that approach and seek the private properties.
Councilman Robert Cromwell said residents now appear to oppose any use of their property for the paths, but in 20 years that view may change. He said studies on bike paths that he has researched show that they increase property values or, at least, do not cause a decline.
Councilman Jefferey Campbell Jr. said. once a pathway is identified in the plan. it makes it "more of a reality." He said, "It does set a tone."
He said residents whose properties were included as part of the plan should have received invitations to the hearings, rather than just holding general forums on the topic.
Mr. King said, if there comes a time when those properties are being considered, those residents would be invited to give opinions.
Mrs. Bednar agreed, saying none of the paths have been engineered.
Resident Kenneth Ovark, of Irma Drive, said he believes the whole plan is a "waste of money," which could be put to better use for the city's needs.
South Street resident Dennis Pavella said he's concerned that residents could be forced to ante up and pay for sidewalk improvements just so the city could complete its path network.
Tim Kempffer, of Court Street, agreed with Mr. Ovark that the pathway plan is a waste of money. He said the city should concentrate on bringing restaurants and businesses to Chardon Square.
Councilwoman Mary Bramstedt said a committee should be formed to look specifically at those areas where paths are planned for private property.
Mr. King said affected residents' fears are valid and questioned how the removal of paths along private property would affect the city's ability to obtain outside funding for the project.
Assistant City Manager Randall Sharpe said, as long as the trail plan includes priority routes and options, funding likely would be available.
Mr. Sharpe said the city is at the end of a two-year process of developing the plan. Northeast Ohio Areawide Coordinating Agency had provided the city with a $54,000 grant for the plan's development and that plan has to be submitted to the organization by Dec. 31.
Mr. Cromwell said the plan went "way too far" in describing specific areas to be used. He said the city should seek an extension on the grant, or throw out the entire plan and rewrite it, being less specific.
Mr. King agreed, saying the plan is faulty and that council should not just pass it to meet a deadline.
Rewriting the plan will not be a simple task, Mr. Sharpe said. He said it is likely that D.B. Hartt, a Cleveland consulting firm, that put together the original plan would have to be brought back to rewrite it.
Mr. Gillette said any extensive changes also would require a second go-round with the city's planning commission, which reviewed it once already.
Mr. Sharpe said Monday that NOACA agreed to extend the filing deadline until April.
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