Background

The City of Sugar Land parks system includes hundreds of acres of undeveloped land. Many of the areas, including along the Brazos River and Oyster Creek, are difficult to access for the enjoyment of residents and visitors. Additionally, the 2018 Parks, Recreation, and Open Space Master Plan identifies nature/natural surface trails as a high priority based on the desires of citizens as expressed in the survey data compiled as part of the community input process.

In recent years, off-road bicyclists discovered some of these areas and have started developing and riding trails in a number of locations - sometimes resulting in Parks staff receiving inquiries and concerns from residents who lived near areas where some of the trail work was being done. That, combined with resident concerns, as well as those of the Parks Department, spurred dialogue between Parks staff and the bicyclists regarding the activities that were occurring on City park land.

It is important to note that bike riding is not prohibited in City parks and cycling is a great exercise, therefore, the Parks Department is not opposed to the riding and work of the cyclists. However, the City needs to be aware of what is happening to ensure conditions are safe in its parks and that neighboring homeowners are not negatively impacted. Accordingly, it was determined that the cyclists should form a recognized and organized group that could work with the Parks Department for development and maintenance of a recognized trails system.

As such, the bicyclists recently formed the Fort Bend Mountain Bike Association (FBMBA), a 501c3 non-profit under the umbrella of the International Mountain Bicycling Association (IMBA). FBMBA has elected a Chair and Vice Chair, who will be the spokespersons and liaisons to the City.

The City's Legal Department has drafted a License Agreement (Agreement) between FBMBA and the City, and the Risk Manager provided insurance requirements for the organization. Overall, the proposed License Agreement is non-exclusive and establishes extensive expectations regarding FBMBA’s activities and the City’s approval process for trail improvements, as well as the termination process should termination be necessary.

PARCS Board Review and Recommendation

The PARCS Board received three workshop presentations on this topic to provide input and ask questions prior to voting to approve the Agreement at the November 12, 2019 PARCS Board meeting. The four meetings covered:

• Meeting 1: Introduction of Agreement & General Information on FBMBA

• Meeting 2: Follow-Up on Questions from First Meeting (Insurance, Termination, Review Process for Future Trails) & Trail Route Maps

• Meeting 3: Review of Edits to Agreement Based on PARCS Board and Community Input, Trail Rules & Recap of Previous Workshops

• Meeting 4: Recap of the Agreement & Vote on Recommendation to City Council

Additionally, throughout each of the four meetings, the PARCS Board heard extensive public comments – including concerns from residents at the first two meetings and endorsement of the draft agreement by residents, trail enthusiasts and FBMBA representatives and the second, third and fourth meetings.

City Council Workshop

City Council received a workshop presentation on the Agreement at the November 19, 2019 City Council meeting. Public comment was received from numerous speakers representing a large portion of the audience that attended to show support for the Agreement. There were no comments received against moving forward with the approval of the Agreement as drafted and as recommended by the PARCS Board. Staff addressed Council questions, however, there were two that required follow up related to ensuring FBMBA clearly understands the City is responsible for enforcement of the Agreement and the impact on workers’ compensation premiums as a result of the requirement that those who do work on the Licensed Premises must register with the Serve Sugar Land volunteer program.

With that, the Legal Department has added the following language to the Agreement to further clarify the FBMBA’s role:

• Section 7.b. Licensee will report rogue trail activity to the City’s Parks and Recreation Department the next business day after discovering such activity. Licensee will take active steps to prevent rogue trails through its social media and physical trail remediation. This includes, but is not limited to, blocking undesired and/or unapproved trail routes with branches or barricades to prevent continued access.

• Section 7.b. Licensee may not take any action, other than that provided in this Section 7, to prevent rogue trails or discourage rogue trail building. If Licensee observes persons constructing rogue trails, it may not take any action to stop or interfere in such construction, but will instead notify the City’s Parks and Recreation department in accordance with 7(b) above.

• Section 19.m. No Enforcement Authority - Nothing contained herein delegates any of the City’s regulatory authority or oversight over the Licensed Premises to Licensee. Licensee has no authority over other users of the Licensed Premises, and no authority to enforce provisions of this Agreement as to third parties, even if such persons are cutting rogue trails or otherwise committing destruction of the Licensed Premises.

Additionally, regarding the question regarding workers’ compensation impact, the City’s Risk Management division estimates that the total incremental impact of the Agreement – which only requires those doing the actual work to register with Serve Sugar Land – will be less than $100. 

Overall, the City Council concurred with the PARCS Board recommendation and provided direction to move forward with placing the item on the City Council agenda for consideration and action at a future meeting.

Recommendation

Accordingly, the Parks Department recommends approval of a License Agreement for the use, enhancement, and development of the City's single track mountain bike trails between the Fort Bend Mountain Bike Association and the City of Sugar Land.