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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/02/2003 - PUBLIC HEARING ON FOSSIL CREEK TRAIL OPTIONS THROU AGENDA ITEM SUMMARY ITEM NUMBER: 36 FORT COLLINS CITY COUNCIL DATE: September 2, 2003 STAFF: Craig Foreman SUBJECT: Public Hearing on Fossil Creek Trail Options Through Paragon Point Subdivision. RECOMMENDATION: On March 26, 2003, the Parks and Recreation Board voted 6-2 to leave the trail in its present location. FINANCIAL IMPACT: The City previously paid $40,000 to widen the trail during development of Paragon Point. Additional trail construction and improvements would be funded by the Conservation Trust Fund. The estimated cost to leave the trail in its present location is about $70,000 (excluding any legal costs). This would include costs for acquiring the remaining portion of the trail easement, work to adjust the trail away from six homes, completion of the trail to Trilby Road, additional landscaping, fencing and signs. Previous maintenance costs performed on the trail by the Paragon Point HOA may also need to be reimbursed 0,y the City if the City negotiates an agreement with the property owners. The estimated construction cost to place the trail along Lemay Avenue and Trilby Road is about $145,000. This would include costs for widening the sidewalk along Lemay Avenue, the new section of trail along Trilby Road, additional landscaping, fencing and signs. A $20,000 repay from the Paragon Point HOA (which was part of a previously negotiated agreement) would adjust the cost downward to about $125,000. EXECUTIVE SUMMARY: The City does not have a formally dedicated easement through the Paragon Point Subdivision for a previously constructed section of the Fossil Creek Trail. The purpose of this hearing is to provide the Council with background information and public input regarding options for the trail, in order to assist the Council in deciding whether to leave the trail in its present location, or relocate it. Current Trail Location The Paragon Point Overall Development Plan, approved by the City in 1992, shows the City's dl Fossil Creek Trail going through the subdivision. The Fossil Creek Trail was planned to utilize the east sidewalk of Lemay Avenue from Southridge Golf Course to the private park at which point the trail goes on the route through the subdivision to Trilby Road. From 1992 to 1997, the City paid $40,000 to widen the Developer's planned 7-foot wide trail to 10-foot wide (City trail • standard) through Paragon Point (see attached map). September , DATE: � ITEM NUMBER: 36 The trail segment in question starts at Lemay Avenue at the Paragon Point private park and goes south and east into the private open space to Trilby Road. The constructed section of the trail stops about 200 feet north of Trilby Road. The trail does not connect to Trilby Road since there are not yet any sidewalks or bike lanes on Trilby Road for trail users to access. There are safety concerns for bikes and pedestrians on Trilby Road until sidewalks and bike lanes are developed. The remaining 200 feet of trail to Trilby Road would be completed when City Stormwater makes improvements to the drainage structure under Trilby Road. The constructed trail segment has been open and used by the public since its development. The trail segment was known to some but not all residents of Paragon Point as a City trail. Whenever members of the public asked about the trail, City Park Planning Development staff replied that the trail was part of the City's Fossil Creek Trail and would be signed and placed on trail maps when this segment connected to future segments. The City has not provided maintenance on the trail segment in the past, but is willing to reimburse the HOA for reasonable and appropriate costs incurred by the HOA in maintaining the trail in prior years. The 1996 Parks and Recreation Policy Plan shows the conceptual trail alignment in a north-south route through the Paragon Point Open Space, not the actual developed route. Trail routes on the Plan map are intended to show the general route for trails. Negotiations with developers and landowners shape the final trail location. The Plan is Council adopted with changes to the Plan being made typically at 10-year intervals. Alternative Trail Alignment City staff worked with the Paragon Point HOA in 2002 to develop an alternative trail route. This route would use the east sidewalk along Lemay Avenue from the private park south to Trilby Road. The trail would turn east and detach up to 75' on the north side of Trilby Road to the future Fossil Creek underpass. The sidewalk along the east side of Lemay Avenue would be widened to eight feet. It appears existing utilities and landscaping will prevent the sidewalk from being widened to the full ten feet. This route has the approval of the Paragon Point HOA since it removes the trail from the private park area and reduces the impact on the private open space area. The HOA has agreed to repay the City $20,000 if this alternate route is utilized. The HOA also grant needed easements for the trail at no cost. The trail user on this route would be impacted by about another 1,200-feet of length along Lemay Avenue with traffic, noise and two additional street crossings. Residents in Paragon Point along the route have expressed a concern about the additional traffic on the sidewalk/trail near their homes. The Paragon Point HOA has expressed some concern about its liability if a public trail runs through HOA property. The City's Risk Management Department has reviewed claims on the entire trail system over the past five years. During this timeframe five claims related to the trails were filed against the City. None of the claims involved private property adjacent to or beyond the trail easement area. Council Liaison: Bill Bertschy Staff Liaison: Marty Heffernan, 224-6064 President: Paul Van Valkenburg Phone: 226.4700 (work) 689.5205 (cell) Minutes: March 26, 2003 Call Meeting to Order: President Paul Van Valkenburg called the meeting to order at 5:35 p.m. Agenda Review: Item #6 has been moved to the May 28, 2003 meeting. Mr. Smith double booked himself and apologizes to the Board. He will present the Stormwater Master Plan to the Board at their May meeting. Item #6 will be replaced with City • Council Policy Agenda for 2003-2005. Approval of Minutes: On a motion by Mike Gavin, seconded by Mary Carlson, the Board unanimously (8-0)voted to approve the minutes of the February 26, 2003 Regular Meeting. Citizen Participation: No citizen participation Fossil CreekTrail at Paragon Point Paul Van Valkenburg announced that the Board has legal matters to discuss with the City Attorney regarding the Fossil Creek Trail at Paragon Point. On a motion by Lance Freeman, seconded by Jessica MacMillan the Board unanimously (8-0) voted to adjourn to executive session in accordance with City Code Section 2-71(b) and Section 2-31(2). The Board adjourned to Executive Session at 5:55 p.m. At 6:50 p.m. the Board, on a motion by Mike Gavin, seconded by Ann Hunt, the Board voted unanimously (8-0) to convene to the Regular Board meeting. Joel Lamer, Paragon Point Homeowners Association, spoke to the Board. He poled the association asking if they knew the trail was going to be constructed through the development and out of 230 homeowners, 18 responded stating they did not know that the trail was going to be a public trail and two responded they knew about the public trail. Parks and Recreation Board Minutes March 26,2003 Page 2 Some of the original homeowners knew when they talked to Byron Collins, the developer. Therefore, Joel feels that only a few people knew that the trail would be a public trail. Joel then referred to the memo from Deputy City Manager Diane Jones to City Council dated November 26, 2002, stating that the original trail would cost the City $133,000 to continue in its existing location. It would cost $146,000 to realign the trail to parallel Lemay and Trilby. He estimates maintenance of the trail to date has cost the HOA $33,000. He thinks that the new trail standards are examples that Craig gave at last month's meeting and shouldn't apply to the Fossil Creek Trail through the Paragon neighborhood as the trail already exists. Craig said our standards are maximum of 50 feet and a minimum of 20 feet easement. Joel is concerned about the impact on the neighborhood. His estimate of liabilities to private properties is excessive. Jessica MacMillan said that is speculative. His goal is to come to resolution with this. Joel's impression when they met with the City Manager's team was that they looked at it in depth. Craig Foreman illustrated the following information in his presentation. Final Background Information: • The City's legal right to the current trail location is an area of disagreement. • Separation needs to be made of the underpass and trail right-of-way on Lemay Avenue north of the private park from the disagreed trail. This would allow the City to complete the Lemay trail work with the road work. • The remaining undeveloped lots in Paragon Point will have an informational note, through Building Permit Department, on these lots at the time building permits are pulled informing the purchaser about the public trail. • Lemay Avenue alternate routes: the trail routes along Lemay Avenue lengthen the impacts of the roadway on the trail users experience and require additional street crossings. Route along the west side of Lemay could offer more of a setback and would require trail users to cross a collector and arterial streets. This would require additional right-of-way and impacts on a new group of landowners. • The developer, Byron Collins, has verified that his intent was and remains to have granted an easement for the trail as shown on the Overall Development Plan. • The trail near the pond and backyards are no closer than Spring Creek Trail at Hill Pond. Note: Craig showed example of Spring Creek trail and its proximity to homeowners. He also showed slides of Water Valley development in Windsor and the close proximity of the trail to the houses. He visited with the Windsor Parks and Recreation staff and they told him that the public should stay on trail and there is no signage. This is an example of how it works. Parks and Recreation Board Minutes March 26,2003 Page 3 • Jessica said that the alternative trail (along Lemay) would be similar to the slide taken in Windsor where the trail is on the sidewalk on a collector street. • Fence heights along the trail • Paragon Point has a 30" maximum fence height. The concern of dogs going from trail to backyard and dogs going from backyard to public or private trail. • City ownership could allow us to install higher fences. • We could obtain three-foot horizontal distance from the edge of the trail to any fence line. This three-foot distance is presently missing in a 100-Foot section of trail along three backyards. • The bridge realignment section is not for safety reasons, but allows more buffer for the homeowners and the trail users. Note: Craig then showed slides and explained where we could move the trail three feet behind three houses. He then showed where we could move the bridge and it would then work well for both homeowners and trail users. Staffs position • Planned trail location is required by the Paragon Point ODP as approved by the City • Trail has been open to the public since its construction • The community response to alternate routes along Lemay reinforces the need to use • the planned route for trail user enjoyment and safety. • The City will reimburse the HOA for previous maintenance costs on the trail area. • Placing the trail on sidewalks is a detrimental solution in this case and may lead to more attempts at this solution on other trail segments. • Adjust the trail in one location to provide a three-foot separation from backyard fences. Install higher fences along the trail where possible. • Historical records for the trail indicate liability is not a problem for adjacent property owners. • For the previous reasons, Park Planning and Development staffs position is that the Fossil Creek Trail remain as shown on the Paragon Point Overall Development Plan. Paul asked if there are any further comments from the Paragon Point neighborhood? Joel asked how would horses travel through the neighborhood? Craig said that we could say no horses in this section and that is something staff could work out. Gary Berger said that the trails skirt the properties and if citizens are using the Paragon open space how can we mitigate this? Craig said that it has been open to the public since 1995 and there haven't been any incidents. He said that we have trail rangers and history of the trails is that we don't have problems with people going off trail and citizens use it sensibly. Gary said that the homeowners feel that the 75-acre open space will probably be used by citizens on the trail and therefore the City should purchase that property. Craig asked if they would be willing to sell it, and Gary said yes. Jessica said then there would be even more traffic through this neighborhood. Joel said that is something we Parks and Recreation Board Minutes March 26,2003 Page 4 would have to discuss with the homeowners. Jessica referred to the two sections of trail that have to be mitigated and asked how much would it cost? Craig said total $30,000, including the new bridge. Extending the trail to Trilby is $10,000. For the City to fix the trail and extend it to Trilby is a total cost of $40,000. Linda Berger, President of the Paragon Point HOA, feels that this is a section of the regional trail and how would we stop the horses from going through the Paragon Point. Craig said that this could be mitigated. Paul Van Valkenburg said we have heard from the neighbors and from staff and now we need to discuss as a Board. Lance Freeman said that the whole economic view has nothing to do with this trail. The basic question is what is best for the Parks and Recreation trail system. Is this the best location for the trail or should we move it. The cost factor is insignificant. Mike Gavin said he agrees with Lance. Mike said he looks at the intent and the health and safety of the users. He further stated that the City has an attorney who looks at the legal standpoint. Jessica MacMillan agrees with both comments from Lance and Mike. She thinks that going down Lemay is any less attractive or usable on Lemay and the horse trail through Paragon is not feasible and City Code prohibits having a horse on the sidewalk on Lemay. She doesn't think the ill will is worth the argument. Mary Carlson agrees with Jessica. Lance asked the distance from Lemay to Trilby is 1,200 feet. Ann agrees with Mike and Lance and said that their original recommendation stands and the legal issue is not our concern. You have to think about the original intent of the trail and taking it off street. Greg Miller said as the newest Board Member he agrees with Lance's statement and he thinks the best route is behind the homes south of the golf course. Lance's concluding statement is that we are intended to make recommendations for the best alignment of the trail. Issues should be mitigated by City Council. The best site for the trail is through Paragon Point and if City Council wants to mitigate with the neighbors then that is their job. Mike Gavin said his representation on this Board is for to make recommendations based on the entire community. Mike Gavin made a motion to advise Council to accept staff s recommendation to continue the trail in its existing location through Paragon Point Neighborhood, and we should do our best to mitigate with the neighbors by moving the bridge, bemung, and landscaping, seconded by Lance Freeman. Mike further said he trusts staffs judgment and recommendation. Paul Van Valkenburg said that we should address the dollar figure and is it worth the extra money to have the trail in the best location. Mike Gavin said that the trial location off street is worth the extra$60,000 and that is a decision that he hopes that the City Manager would realize as the safest route for trail users. Craig said once we create a trail, it will always stay there. Lance said the financial aspect should be staffs decision. Ann Hunt said that if it costs a few more dollars this year, it won't matter in future years and the most important aspect is the safety of the users. Greg Miller still feels that the route south of the golf course is the best route. The Board voted 6-2 to recommend that the trail continue through the Paragon neighborhood in its present location. Paul Van Valkenburg, Greg Miller, Ann Hunt, Lance Freeman, Mike Gavin, and Dean Hoag voted yes and Jessica MacMillan and Mary Carlson voted no. • Fossil Creek Trail at Paragon Point Alternative Routes LEGEND H.O.A. Open Space (Private) Existing Trail Alignment Hossil Connection to Power Trail — — ossil Creek Trail north to Optional Trail Alignment Creek Community Park Connection to Power Trail -- — I I • P � Private Park 1 Power Trail Existing Trail Alignment Po Po I C6 q H.O.A. Open Space R Optional Trail Alignment I ® ® Trail Underpass of Trilby Road