Please cut and paste the following message email our City Council the following message: mscott@ci.manzanita.or.us, lkozlowski@ci.manzanita.or.us, htonjes@ci.manzanita.or.us, snuttall@ci.manzanita.or.us, jspegman@ci.manzanita.or.us
“To: Mike Scott, Linda Kozlowski, Hans Tonjes, Steve Nuttall, Jerry Speigman
As a household member of a homeowner in the Manzanita Classic Ridge Community, I would like Right of Way open by the city as is clearly stated in the Manzanita Comprehensive Plan (page 29): "Street right-of-way which cannot be improved due to steep topography, or other valid reason, should be used for other purposes, such as parks or open space, walking trails or greenbelts.”
Now on to the Cherry Trail update...
As many TAC members are aware, the "Dune Gully" represents the only access to the beach from Classic Ridge (Which has been recently closed due to construction). In an effort to provide a more thoughtful approach to the beach TAC supports the formalization of the Cherry Trail: a walking path that intersects directly through an established city right of way.
To that end, the City is interested in incorporating this development into a larger city “Master Trail Plan” (MTP). The MTP is a city wide development plan designed to address the need for trail development within the city limits of Manzanita. The particulars of the MTP were discussed in detail on January 26th and 27th at the Public Works office. Chris Bernhardt has been hired by the City Council to develop the overall MTP and led the meeting. Cynthia Amillio, the previous City Manager, hired him roughly two years ago to develop the MTP. There were approximately ten members of the community at the meeting including Pat and Laurie Murphy (TAC representatives). Also in attendance were City Council members Jerry Spegman and Linda Kozlowski, and Public Works Director Dan Weitzel. Consultants Brandon Tigner (Trailkeepers of Oregon) and Chirs Bernhardt (C2 Recreation Consulting) were also in attendance. The purpose of the meeting was: 1) to give a general overview of what the MTP wants to accomplish, 2) give definitions of what trails are and their limitations, and 3) to deliver a timeline for the city to approve the MTP.
The overall goal of the MTP is to direct those walking/hiking through Manzanita to the city core to access city businesses and resources thus benefiting the economy of the city. Much of the meeting revealed that the City Council’s speculation regarding trail design is incorrect. For example, Chris Bernhardt mentioned that trails do not need to meet ADA guidelines. ADA guidelines require smooth hard surfaces with specific grades to allow for wheelchair access. More importantly, trails, if built with reasonable care, are not open to liability for falls or accidents. This is good news for expediting trail development overall. The MTP is to be submitted to the City Council for approval by early March. That is when city budgets are established and general development plans are submitted to the City for approval.
It is important to note that cities don’t own the public right of way; they simply can be used by a city for city purposes. However, private property owners can have significant influence as to the use of the public right of way, especially if those private property owners threaten civil action in the event that the use of the right of way may negatively impact them. Easements can be given by private property owners at their pleasure. For example, the new Oregon Coast Trail has been granted an easement by the Rhinehart Family and the Nehalem Land Trust.
Questions were asked as to the influence this committee would have in the implementation of the MTP. Answers from Councilman Spegman and Councilwoman Kozlowski were unclear. The general consensus was that feedback from the committee and direct contact from the community to each council member were essential for the final decisions. Conversations after the meeting led TAC to believe that the threat of civil action by the adjacent property owner to the Ocean Avenue Trail west to Ocean Road significantly motivated the city. They seem to desire, at all costs, to avoid a legal battle. TAC is still unclear what the specific civil action entails - neither property owner nor the city has shared the specifics. In either case there are three options to what most of us think of as the “Cherry Street Trail.” NOTE: Maps are not to scale.
Option 1 is a “West Cherry Trail” which leads directly down from Cherry Street through the right of way, adjacent to the property owner to the south, through the driveway at the base of the trail (which was built across the public right of way). It is still unclear if this driveway was legally developed or if the neighbor in question decided to formalize the development of the driveway without the City’s permission. This trail is currently marked with a sign saying, “No Beach Access.” TAC can find no legal precedent that makes this declaration enforceable. Moreover, it appears that the City is very specific about allowing access to residency using the right of way. TAC is awaiting a reply from the City as to how they are legally obliged to inhibit foot traffic through the right of way.
Option 2 is an “East Cherry Trail” with access down to Ocean Ave. The right of way is 40 feet wide and allows for a trail that would drop gradually and allow access to Ocean Avenue below. This option would drop the foot path roughly 315 feet from the beach. Both Chris Bernhardt and Brandon Tigner heartily endorsed this option even though neither one had actually walked or flagged it, nor had they contacted the neighbors on the adjacent properties to determine if they would contest it. It is worth noting, one of those neighbors is the same neighbor contesting the first proposed trail option. According to Tigner this trail would be faster and less expensive to build (assuming it is uncontested of course).
Option 3 is tentatively being called “The Dune Cherry Trail” and would be a partial private easement through the new owner of the dune property. The owners have implied access would be considered. The actual route offering is unclear and it is also unclear what stipulations would have to be met in order to develop this trail effectively. We certainly appreciate the thoughtfulness of our new neighbors and this is an interesting option that deserves more attention. This trail access has been traveled for over 30 years it would be ideal if we could keep it accessible to our community.
On the second day of the meeting the following trails were visited in relation to the MTP:
Cherry Street
Division and North
Nehalem Road and Hwy 101
Classic St and Dorcas Lane
The attendees of the meeting didn’t walk the Dune Cherry Trail due to the construction of the driveway access for the new owner. Nor did they walk the proposed East Cherry Trail due to the vegetation and the fact that the actual route hadn’t been flagged and determined. TAC representatives asked Brandon Tigner when he would get a chance to actually walk and flag the proposed trail. He responded that he would do so “when directed by the city to do so.” While at the site, Chris Bernhardt commented on erosion (due to the traffic) down the proposed West Cherry Trail. It appears Bernhardt was looking for options other than West Cherry Trail.
In closing, TAC does not recognize the signage discouraging traffic down the established right of way. However, we do appreciate the spirit of the request to pause traffic while the City deliberates over trail development. In addition, TAC rejects the premise that we must pick one trail option of the three. All designated options are either through established city right of ways or are established walking trails that have been utilized by the community for years. Regardless, we are hopeful the City will solidify a plan soon that benefits the entire community.
To that end, we need your help. While TAC has submitted a petition (over 300 signatures) requesting that a trail be made official, we ask that you contact the City Council - by letter, email or phone call. This is your opportunity to have impact. Please email your city council today!
We will close out with a message from a member of our community...
Thank you so much for your support! While our progress has been slower than expected we are making progress.
All the best!
Miriam R
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