[PPT] - Salem Lakes Pedestrian Path DCM Dave Hansen July 3,2012 1 SALEM PowerPoint Presentation

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City Council Presentation Salem Lakes Pedestrian Path

DCM Dave Hansen July 3,2012

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SALEM LAKES PROPERTY LINES

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LAKE/EASEMENT BACKGROUND

Aug. 6, 1979 – City Council granted change of zoning to developer, with the

following conditions:

“A public recreation/open space easement should be established at the time of subdivision to cover

the jogging path. The city will assume maintenance responsibility for those areas. HOWEVER, THE CITY WILL NOT ACCEPT MAINTENANCE RESPONSIBILITY FOR THE PROPOSED LAKE.”

“The 7:1 slope of bank should be established around the lake from the edge of the water to the level

area on which the jogging path is proposed. The level area should be at least 15 feet wide with the 6-foot wide jogging path located in the center.”

Sept. – Oct. 1982 – Developer and City executed Subdivision Agreements, all

containing:

“A 15’ wide public pedestrian recreation/open space easement is to be dedicated to the City. A 6’

wide jogging path is to be centered within the 15’ easement.”

1983 – 1984 – 8 plats recorded at various times, each showing the easement area and dedicating the easement to the City by plat note.

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RECENT HISTORY

2005-10 – Severity of bank collapsing increased

– Severity of weather events – Soil conditions – Lack of 7:1 slope

2009 – Parks & Recreation concerned with being able to

maintain easement area for grounds maintenance

2010 - City staff conducts initial assessment

– Briefed City management & district Council member – Posted “Use trail with caution” signs

2011 - Developing recommended plan of action

– Commenced alternatives analysis and cost estimating – Briefed City management & district Council member

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CURRENT SITUATION - 2012

March – Notified district Council members of urgency to

address public safety issues at the path

April - Initiated survey of pedestrian easement
Closed path due to increased public safety risk
Performed alternatives analysis
May - Police initiate Neighborhood Watch with 40+

residents at meeting

June 11 - Conducted public information/safety meeting
July 3 - Brief City Council

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Neighborhood Sidewalk Connectivity

This map shows that there is good pedestrian connectivity in place in Salem Lakes considering sidewalks exist on both sides of Centennial Circle, the main road that surrounds the lakefront lots. The sidewalk network includes other roads connecting in toward the lake off of Centennial Circle. Sidewalk Maintenance - Residents commented that help is needed from the City to cut back lawns that have grown over the sidewalk.

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Bank Failure

2012 2010 2010 2012

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Bank Failure

2010 2012

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Bank Failure

2012 2010

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THE PUBLIC EASEMENT

All of the lots surrounding the lake are platted to the center of the lake. The City has a 15 foot public easement allowing the public the right to walk along a 6 foot path supposed to be located in the center of the easement. The City has responsibility for the maintenance of the public easement area and the

path. The developer was to have created a 7:1 slope from the waters edge to the edge of

the public easement. Concerns that the eroding bank has encroached into the public easement because the 6 foot path was portended to be in the middle of the easement. A survey of the public easement and the top of the bank was conducted to determine the location of the path and the degree of encroachment of the bank failure.

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LEGAL IMPLICATIONS OF EASEMENT VACATION

The public will no longer have the right to travel on the

path.

The City will no longer be responsible for maintenance
f the easement area or the asphalt path.
The City will maintain its right to drainage easements

within the lake; may need to establish maintenance easements to access.

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LEGAL REQUIREMENTS TO VACATE EASEMENT

Easement was dedicated by plat; will be vacated pursuant to Va. Code

§ 15.2-2271, by ordinance of the governing body.

Notice must be given pursuant to Va. Code § 15.2-2204; advertised
nce a week for two consecutive weeks; public hearing to be held

before Council adoption.

Draft proposed Ordinance to be presented to City Council

– Ordinance to authorize City Manager to execute necessary documents to vacate easement

Identify/verify 52 homeowners (to be named in Deeds of Vacation)

– Deeds will be recorded to evidence easement has been vacated in chain

f title

– Eight (8) separate Deeds to coincide with eight (8) subdivision plats recorded during neighborhood development

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Salem Lakes Neighborhood Path Public Information Meeting

77 citizens signed in

 35 were citizens who lived on lakefront property  42 were citizens who lived elsewhere in the Salem Lake neighborhood (not lakefront)

City staff: 2x DCMs, P & R, PW, PD, City Attorney, HNP, Finance/Risk Mgt

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Neighborhood Issues From June 11, 2012 Information Meeting

Nutria – too many, eroding banks, aggressive, need to eliminate (Animal Control)
Residents feeding the wildlife – need them to stop (Animal Control)
Culverts – PW identified three in most need of bank stabilization, need to identify and

assess all other culverts (PW)

Access – need to close the access for safety, possibly use chain link fence (P&R)
Unkempt yards – need City assistance to have owners maintain (Code Enforcement)
Permits for bank stabilization – owners reported they have been told they cannot get

permits, need to work with owners who want to do bank stabilization (Planning)

Illegal dumping – several areas were identified where illegal dumping is occurring (Code

Enforcement and Waste Management)

Neighborhood Watch Program (Police)
Civic League or HOA – HOA is not likely, but there is some interest in starting a civic league

(City Atty)

Illegal activities along path behind houses, disorderly behavior, trash, and graffiti (PD)
Causeway – near unanimous support by attendees to remove (PW; PU will also be

involved because of 10” gravity sanitary sewer line)

Pedestrian path removal (PW)

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Housing Code Enforcement Actions

Unkempt yards

Staff walked the entire pathway and conducted thorough inspections
Several notices of violation were issued for unkempt properties
Overgrowth on the banks of the lake are exempt; bushes are exempt from code
No hazardous trees were found

Illegal Dumping

Illegal dumping sites are monitored weekly and issues investigated; notices of

violation are issued when a responsible party can be located

Staff works directly with waste management to have items removed when a

responsible party cannot be located Graffiti

The Sheriff’s Workforce abated one instance of graffiti along the pathway
Staff is working to develop an abatement plan for another site which is not

readily accessible

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Animal Issues

Responding to the concerns expressed, Animal Control began conducting a

Planned Patrol to get a sense of scope and severity of problem

11 visits produced 0 observations of any violations
Animal Control met with Wildlife biologist for Virginia DGIF and a USDA

Wildlife Specialist

– There is a colony of approximately 20 nutria – These nutria are not responsible for the erosion and pose no threat to public safety – There is a limited natural food source that should keep the population in check – Eradication via trapping will cost approximately $10,000 (via USDA) & there is no guarantee trapping will eradicate a sufficient number to overcome breeding rate or new migration – Trapping is not recommended

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Feeding Wildlife

In 11 visits to the park Animal Enforcement saw 0 cases of
feeding. Animal Enforcement will be looking at other locations

along the pedestrian path during future visits.

Waterfowl congregation and the feeding of waterfowl contributes
nly a small portion to the erosion problems.
The presence of waterfowl is considered a benefit by many and

efforts to eradicate them are often controversial.

City ordinance Sec. 5-547 prohibits feeding wildlife on public

property (parks) and staff is prepared to present an ordinance to this Council if necessary which would prohibit feeding waterfowl

n private property in Salem Lakes.

– There are several prerequisites to this ordinance including a requirement the feeding activity is creating a nuisance, signs are posted, and DGIF is notified- a letter from the Manager has been prepared.

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Probable Permitting Requirements For Individual Homeowners To Repair Bank Slopes

Each lot or group of lots must be evaluated to determine the specific permitting

requirements and applicable review processes

IF BANK SLOPE AND/OR TOE CONTAIN JURISDICTIONAL WETLANDS – Army Corp Of Engineers

Approval Required; Follow ACOE Permit Processes.

IF AREA OF DISTURBANCE IS GREATER THAN 2,500 SQUARE FEET – Land Disturbing Permit

Required; Planning/DSC Must Approve Erosion And Sediment Control Plan Prepared By Licensed Professional; Surety and Permit Required

IF FILLING IS NECESSARY WITH THE “FLOODPLAIN SUBJECT TO SPECIAL RESTRICTIONS” - A

Floodplain Variance May Be Necessary; Depending On The Extent Of Fill This May Require City Council Approval; Planning/DSC Must Approve Plans And Calculations Prepared By A Licensed Professional

IF ANY STRUCTURES (i.e., BULKHEADS, WALLS, DOCKS) ARE PROPOSED A BUILDING PERMIT IS

REQUIRED - Structural Plans Must Be Prepared By a P.E.

IF ANY WORK IS PROPOSED IN A PUBLIC EASEMENT – Right Of Way Permit Required;

Planning/DSC Must Approve Site Plan Prepared By Licensed Professional; Surety And Permit Required

Recommend that Bank Stabilization be performed on large areas encompassing

multiple lots by qualified licensed contractors to achieve expected results

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Damage Since Path Closure

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Costs of Vacating Public Path

Costs for permanently

securing access points –

Approx. $10,000
Cost to remove the

asphalt path approx. $130,000

– Duration - Three months including obtaining permits – Obtain right of entry from homeowners as required to perform the work

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Investigation of Various Shoreline Stabilization Alternatives for Parks

Conditions Assessment
Wetland Delineation
Slope Stability, Topographic,

and Alternative Analysis

Prioritized Recommendations

includes Environmental Permitting cost estimates:

– Alt 1 – Rip Rap = $95,259 – Alt 2 – 3:1 slope/wetland bench = $68,885 – Alt 3 – 3:1 Vegetated Geoweb = $82,274

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Investigation of Outfalls

Three critical areas
outfalls 4 & 7
culvert pipe 6
One high priority at outfall 2
All other outfalls were

classified as low priority

1 2 3 4 11 6 5 9 10 8 7 Outfall 3 is submerged

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Outfall 11 Outfall 10 Outfall 9 Outfall 4 Outfall 2 Outfall 7 Outfall 5 Outfall 6 Outfall 8 Outfall 1

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Critical Areas Affecting Public Infrastructure

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Outfall #4

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Outfall #7

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Outfall #2

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Bank Failure Adjacent to Pedestrian Easement

No bank erosion has encroached into the public easement.
Outfall #4: Top of Bank (TOB) is near edge of easement above storm outfall.

Approx 90 linear feet (LF) with TOB within 10 feet of pedestrian easement.

Outfall #7: Approximately 130 LF with TOB within 6-10 feet of pedestrian

easement.

Outfall #2: Approximately 60 LF with TOB within 7-10 feet of pedestrian
easement. Additional 45 LF will be stabilized at outfall.
Pedestrian crossing/culvert: Approximately 145LF with TOB in easement,

however, citizens overwhelmingly want it removed.

Other areas where TOB is within 10 LF of the pedestrian easement:

– Behind 3861, & 3869 Buckhorn Place (Lot 38 & 40) - approx. 95 LF @ 6-10 ft. – Behind 3805 Buckhorn Place (Lot 24)– approx. 20 LF @ 8-10 ft. – Behind 3820 Jousting Arch (Lot 13)– approx. 60 LF @ 7-10 ft. – Behind 3829 & 3825 Buckhorn Place (Lot 30 & 29) - approx. 70 LF @ 6-10 ft

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Shoreline Stabilization Cost Estimates

Stabilize outfalls 4 & 7: $150,000
Stabilize outfalls 4 & 7 and culvert bank of lake

crossover walkway: $250,000

Stabilize outfalls 4 & 7 and remove culvert and lake

crossover walkway: $300,000

Stabilize outfall 2 : $50,000
Stabilize all other outfalls: $150,000
Reconstruct other shoreline areas with bank eroded to

within 10 feet of the public easement area: $150,000

Reconstruct entire lake shoreline except for Park area:

$2,500,000

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Considerations

City has over 400 wet BMPs (Lakes and Ponds).
Salem Lakes is the only private BMP that has such a public

easement and a pedestrian path around the lake.

Stormwater enterprise does not perform bank stabilization on wet

BMPs except to protect stormwater infrastructure.

Planning figure for bank stabilization is @$600 per linear foot
Bank erosion on Salem Lake has not encroached into the public

easement (closest is outfall #4).

Stormwater outfalls on Salem Lake require stabilization effort.
To perform bank stabilization away from Stormwater

infrastructure requires considerable private owner and permit approvals.

Removal of the crossover walkway will not interfere with existing

10 inch sanitary sewer (gravity) crossing (15 feet deep).

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Manhole ~15 feet deep Sanitary Sewer Crossing ~15 feet deep

Salem Lakes Walkway 10 – inch Sanitary Sewer Line Crossing (gravity)

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Staff Recommendation

Initiate procedures to vacate the public easement.
Remove the asphalt pedestrian path, grade and seed

damaged areas and permanently secure access

points. ($140,000)
Design, permit and construct stabilization for the

western City Park. ($95,250)

Negotiate lake access for eastern park
Design, permit and construct stabilization for the City

stormwater outfalls only. ($350,000)

Remove the crossover walkway and culvert and

restore the shoreline. ($150,000)

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$735,250 + contingency

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NEXT STEPS

Run first advertisement on Sunday, July 29
Run second advertisement on Sunday, Aug. 5
Public Hearing to be held on Tuesday, Aug. 14
Present Ordinance to Vacate Easement on Tuesday,
Aug. 14, following Public Hearing.
If adopted, prepare Deeds of Vacation, execute and
record. Effective upon completing the work.
Complete design, submit permit applications and order

materials for path removal and bank stabilization at City parks and at our stormwater outfalls.

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City Council Discussion & Direction

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Public Meeting Agenda

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Welcome and Staff Introductions
Path History Details and Public Safety/Risk
Bank Failure and Stormwater Outfall, Causeway/Bridge
Neighborhood Sidewalk Connectivity, Salem Lakes Park

Shoreline Stabilization Project, and Closing of Path/Recent Damage

Complete Design of Park Shoreline Work
Complete Design of Public Works Infrastructure Work
Identify Funding for Projects
Neighborhood Watch Program
Removal of Path and Vacate Easement
Next steps