HomeMy WebLinkAbout2005-0720 Cont Mtg Packet
CITY OF
ASHJLAND
AGENDA FOR THE CONTINUED MEETING
ASHLAND CITY COUNCIL
July 20, 2004 - 12:00 p.m.
Civic Center Council Chambers, 1175 E. Main Street
I. ORDINANCES. RESOLUTIONS AND CONTRACTS:
1. Reading by title only of "A Resolution Authorizing the Amendment of the Fire
Protection Plans Review and Inspection Fee Schedule Adopted by Resolution 04-16.
2. Reading by title only of "A Resolution Updating the Forest Lands Commission
Membership, Quorum, Powers and Duties and Repealing Resolution 96-21."
II. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS:
1. Request by Councilors Cate Hartzell and Jack Hardesty regarding Proposed
Resolution for Follow-up to Mount Ashland Expansion Activities.
2. Council discussion regarding Instant Runoff Voting (IRV) as proposed amendment to
Ashland City Charter.
III. ADJOURNMENT:
JOINT STUDY SESSION
CITY COUNCIL I PARKS & RECREATION COMMISSION
1. Gun Club Lease Extension
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35. 104 ADA Title I). .
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CITY OJF
ASH LAI\I D
Council Communication
Fire Protection Plans Review Fee Schedule Revision
Meeting Date: July 19, 2005 Primary Staff Contact: Keith E. Woodley ~
Department: Fire 552-2217 woodleyk@ashland.or.us
Contributing Departments: Finance, Legal Secondary Staff Contact:
Approval: Gino Grimaldi ~
Statement:
The Ashland Citizens Budget COl1l11.littee recommended during their review of the FY 2005
appropriations budget for the fire department fire & life safety division to increase the fire
protection plan review fee schedule to implement full co~t recovery for fire protection plans
review services. Currently, this program is 50% supported by the General Fund. It is proposed
that fire protection plans review fees be increased to provide for full cost recovery of these
servIces.
Background:
Ashland Fire & Rescue provides fire protection plans review and related inspections in support
of building codes and Uniform Fire Code requirements within the City of Ashland. Activity
within this program area has experienced a steady increase for several years. At budget
time in 2003 we were experiencing a 14 to 20 day turn-around for plans review actions within
the fire department. Effective July 1,2003, the fire department has funded an additional position
of Fire Inspector to address workload issues within this program area. As a result of this
additional position, our current turn-around average on plans review is five working days.
During the FY 2005 budget review, the Budget Committee directed staff to seek fun cost
recovery of these services through an increase in the fee schedule. The attached revised fee
schedule will be proposed to the Council for adoption by resolution.
Related City Policies
Ordinance No. 2906 amending AMC 15.28.150 and 15.28.160.
Resolution No. 04-16 adopting a Fire Protection Plans Review And Inspection Fee Schedule.
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Council Options:
Accept or reject staff recommendation to amend fire protection plans review fee schedule.
Staff Recommendation:
Staff recommends approval of amendment to fire protection plans review fee schedule.
Potential Motions:
Motion to adopt resolution amending the fire protection plan review fee schedule.
Attachments: Draft resolution amending fire protection plan review fee schedule.
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RESOLUTION NO. 05-
A RESOLUTION AUTHORIZING THE AMENDMENT OF THE FIRE
PROTECTION PLANS REVIEW AND INSPECTION FEE SCHEDULE
ADOPTED BY RESOLUTION 04-16.
Recital: Fire protection plans review fees are proposed to increase to provide full cost
recovery for fire protection plans review and inspection services within the fire and life
safety divis!ion of the fire department in accordance with Ashland Citizens Budget
Committee recommendations. The council being fully informed regarding the
advisability of providing for full cost recovery of fire protection plans review services as
recommended by Keith E. Woodley, City of Ashland Fire Chief, in his memorandum to
the council dated July 19, 2005, deems it in the public interest to amend the fire
protection plans review and inspection fee schedule.
THE~CITY ()F ASHLAND RESOLVES AS FOllOWS:
SECTION 'I. Pursuant to Ashland Municipal Code Section 15.28.150 and 15.28.160,
the fire protection plans review and inspection fee schedule adopted by Resolution
Number 04-16 is amended by the attached fee schedule which is hereby adopted.
SECTION 2. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
92.04.090 duly PASSED and ADOPTED this
day of
, 2005.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2005.
~~ .
John W. Morrison, Mayor
PAGE 1-RIESOlUTION
FIRE PROTECTION PLANS REVIEW PERMIT FEES
Fire protection plans review fees will be applied to any building permit that is routed by,
or requires interaction with, the fire department. This includes fire suppression and fire
alarm systems. These fees will also be applied to subdivision / plat check reviews which
are initiated by Public Works Engineering Division. These fees are in addition to and
separate from the Building Permit. These fees will be paid following existin~J city
policies. (Prior to issuance of the Building Permit, when Plat Check is submitted for
review, or when Subdivision Engineering Service Fees memoAs paid.) These fees
address those fire protection issues and features, which are not addressed by the
Oregon Structural Specialty Code. (Ex: fire apparatus access, fire hydrants and
required fire hydrant flows, the specified locations for fire department pumper
connections, fire alarm panels and access key boxes)
The fee structure is:
ITEM
FEE
Any Building Permit
240/0 of the Building Permit Fee and Plan
Check fees.
New Subdivision or Land Partition
240/0 of the Engineering Subdivision Plat Check
Fee
Fire Hydrant Flow Tests required for new installations will be assessed at $ '100 per flow
test.
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Any review required by the Oregon Uniform Fire Code, and which does not involve a
building permit, will be charged at the rate of $50.00 per hour. A minimum charge of
$25.00 will be assessed to these reviews.
When the Building Division assesses additional fees for plan reviews and/or field
inspections, any fire department staff time associated with that activity will be included
in their fees at their specified rate.
PAGE 2-RESOLUTION
ORDINANCE NO. 2.'1 ob
AN ORDINANCE CREATING NEW SECTIONS 15.28.150 AND
1Ei.28.160 OF THE ASHLAND MUNICIPAL CODE TO PROVIDE FEES
FOR THE UNIFORM FIRE CODE PLAN REVIEW AND INSPECTIONS
BE SET BY RESOLUTION
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. A New section 15.28.150 of the Ashland Municipal Code is established to
read:
SECTION 15.28.150. Plan Review I Permits - Fees. For application in this city,
Uniiform Fire Code plan review fees shall be established by resolution of the city
council.
SECTION' 2. A New section 15.28.160 of the Ashland Municipal Code is established to
read:
SECTION 15.28.160. Code Compliance . Inspection - Fees. The fee schedule
for fire code compliance inspections shall be established by resolution of the city
council.
The foregoing ordinance was first read on the /&
and d/ I. PASSED and ADOPTED this ~ day. of
~~ lit ~
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this ~ day of /1-r"',-, I t 2004.
day of 1U.Ilk.~ , 2004,
~ ,2004.
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~ ~.... ~ /< .../~
Alan W. DeBoer, Mayor
ReVi~1 a.s t~ ~:_.f rm:
. :t/I9P~
Paul Nolte, City Attorney
G:\legaI\Mike\Draft Ordinances\Fire Code review & inspection fees.doc
CITY OF
ASHLA~ND
Council Communication
A RESOLUTION UPDATING THE FOREST LANDS COMMISSION
MEMBERSHIP, QUORUM, POWERS AND DUTIES AND REPEALING
RESOLUTION 96-21
Primary Staff Contact: Keith E. Woodley ~
552-2217 woodleyk@ashland.or.us
Secondary Staff Contact:
Meeting Date: July 19, 2005 ~
Department: Fire & Rescue
Contributing Departments: Legal
Approval: Gino Grimaldi
Statement:
The Ashland Forest Lands Commission is recommending amendments to Resolution 96-21,
which covers the Ashland Forest Lands Commission's membership, quorum, powers, and duties.
Background:
On June 2, 1992, the City Council adopted the Ashland Forest Management Plan. vVithin
Chapter 6 of this plan is provided management direction for the creation of the Ashland Forest
Lands Commission, which is charged with the responsibility for the implementation of the forest
management plan. On February 19, 1993, the City Council passed Resolution 93-06, creating the
Ashland Forest Lands Commission (AFLC). Section 1, Established--Membership, of that
resolution required the AFLC to be comprised of at least one owner of forest management lands
identified in the Forest Management Plan. On May 8,. 1996, the City Council passed Resolution
96-21, which updated the membership and quorum requirements and repealed Resolution 93-06.
During the April 21, 2005, goal setting session held by the AFLC, the membership" terms,
powers, duties of commissioners were reviewed and discussed by the commissioners. The
Commission voted at their June 8, 2005, regular meeting to recommend tothe City Council that
changes be made to the current requirements for Commission membership,quormn, powers and
duties. Members of the Ashland Forest Lands Commission will be in attendance to present these
recommendations to Council at their July 19th council meeting.
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Related City Policies
Resolution 96-21.
Council Options:
Approve or deny recommendations by the Ashland Forest Lands Commission.
Staff Recommendation:
Approve recommendations of Ashland Forest Lands Commission.
Potential Motions:
Motion to approve or deny recommendations by Ashland Forest Lands Commission.
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Attachments:
Proposed Resolution 2005-
Resolution 96-21.
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RESOLUTION NO. 2005-
A RESOLUTION UPDATING THE FOREST LANDS COMMISSION MEMBERSHIP,
QUORUM, POWERS AND DUTIES AND REPEALING RESOLUTION 96-21
RECITALS
A. Resolution No. 96-21, a resolution updating the Forest Lands Commission, was approved
May 8, 1996.
B. It is desirable to remove the requirement that no less than one owner of forest
management lands be a member of the Forest Lands Commission.
C. It is desirable to replace the term "Forest Management Plan" with the correct title of
"Ashland Forest Plan."
D. It is desirable to consider a commissioner no longer active and the position vacant if said
commissioner was absent for four or more meetings in a one-year period without notice.
E. No other changes are desirable at this time and the powers, duties and responsibilities of
the Commission should remain the same.
THE CITY OF ASHLAND RESOL YES AS FOLLOWS:
SECTION 1. Established - Membership. The established Forest Lands Commission shall consist
of seven voting members including a representative of the Ashland Parks Commissio~~ Th.e..
Commission shall also consist of certain non-voting ex-officio members, including a
representative of the USDA Fore~J_Serviee..Ashland~pistrict, a representative of the
Oregon Department of F ores try, ~~ber of the City Coundh a representative from the Tree
Commission, the Director of Public W orks7'DmidorofPranning, Fire Chief, Police Chief, Parks
and Recreation Director or their designees. Voting members shall be appointed by the Mayor
with confinnation by the City Council.
SECTION 2. Tenns - Vacancies. The tenn of voting members shall be for three years, expiring
on April 30 of each year. Members now on the Commission shall serve their remaining tenns.
Any vacancy shall be filled by appointment by the Mayor with confinnation by the City Council
for the unexpired period of the tenn. Any Commissioner who is absent from four or more
meetings without notice in a one-year period shall be considered no longer active and the
position vacant, and a new person shall be appointed to fill the vacancy.
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SECTION 3 Ouorum - Rules and Meetine:s. Four voting members of the Commission shall
constitute a quorum. If a quorum is present, the affirmative vote of a majority of Commissioners
present at the meeting and entitled to vote shall be sufficient to conduct business. The
. Commission may make rules and regulations for its meetings and procedures consistent with
City Ordinances, and shall meet at least once every month. At its first meeting in May, the
Page 1 of 3 - H:\Council Communications\Council Communications\Forest Work\AFLC Draft Reso 0605 Sharlene edits.doc
.' -[t>elet;d: ~~'kS-;th-~~~~~~~~~;'~'f'1
jforest management lands identified in the
Forest Management plan adopted by the
City Council in June, 1992
Commission shall elect a chair and vice-chair. The Director of Public Works, or a designee, shall
serve as secretary.
SECTION 4. Powers and Duties - Generallv. The powers, duties and responsibilities of the
Forest Lands Commission shall be as follows:
A. To implement the Ashland ForestflaI1d~y:~J~pe~ .an4a4<:>pt~4 ~yth~GitY()f Ashland . . - - { Deleted: Management
in June. 1992.
B. To provide integrated, interdisciplinary direction and oversight to planning teams
prepaIing the following plans:
1. A Fire Management Plan for the wildfire lands including lands within the City
limits.
2. A Recreation Plan for the wildfire lands, including some Rogue River
National Forest Lands, that utilizes the recreational potential in ways which
are consistent with fire management and other resource goals.
3. An Ecosystem Management Plan for the Ashland watershed.
C. To develop a strong community volunteer program to assist in the implementation of
the Ashland Forestfl(}.Il. ( Deleted: Management
D. To submit recommendations to the City CQuncil regarding forest management
practi(;es.
E. To ensure that plans integrate the forest management needs and concerns of the City
and of private land owners in the wildfire lands.
F. To promote public knowledge and acceptance of the Ashland Forestfl(}.nprograms. {Deleted: Management
J
SECTION5. ReDorts. The Commission shall submit copies of its minutes to the City Council
and shall prepare and submit such reports as from time to time may be requested of them by the
City Council.
SECTION6. COITlDensation. Voting members of the Commission shall receive no compensation
for services rendered.
SECTION 7. Resolution No. 96-21Repealed. Resolution 96-21 "A Resolution Updating the
Forest Lands Commission Membership, Quorum, Powers and Duties and Repealing Resolution
93-06" is repealed.
SECTION 8. Thiis resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with Ashland Municipal Code ~ 2.04.090
and duly PASSED and ADOPTED this day of ,2005.
Barbara Christensen, City Recorder
..tt.
SIGNED and APPROVED this
day of
, 2005.
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Mi
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John W. Morrison, Mayor
Page 3 of 3 - H:\COWlCil CommWlications\CoWlcil CommWlications\Forest Work\AFLC Draft:Reso 0605 Sharlene edits.doc
1.- ~
RESOLUTION NO. 96-&
A RESOILUTlON UPDATING THE FOREST LANDS COMMISSION MEMBERSHIP.
aUORUIM. POWERS AND DUTIES AND REPEAUNG RESOLUTION 93-06
RECITALS
A. Rescllution No. 93-06. a resolution creating the Forest Lands Commission. was
approved February 19, 1993, end coosists of nine voting members and nine n0n-
voting mlembers.
B. It is desirable to reduce the number of voting members from nine to seven and a
quorum from five to four.
C. No ctther changes are desirable at this time and the powers, duties and
responsibilities of the Commission should remain the same. -
THE Cny OF ASHLAND RESOLVES AS FOLLOWS:
SECTlOI~ Established - Membership. The established Forest Lands Commission
shall consist of seven voting members including a representative of the Ashland Parks
Commission and no less than one owner of forest management lands identified in the
Forest ~Ianagement Plan adopted by the City Council In June, 1992. The Commissioh
shall aJs~:) consist of certain non-voting ex officio members. including 8 representative
of the USDA Forest Service Ashland Ranger District, a representative of the Oregon
Departmlent of Forestry, a member of the City Council, a representative from the Tree
Commission, the Director of Public Works. Director of Planning. Fire Chief, Police
Chief, P~Yks and Recreation Director or their designees. Voting members shall be
appointeld by the Mayor with confirmation by the City Council.
SECTlOI~ Terms - Vacancies. The term of voting members shall be for three years,
expiring 0:1 AprU 30 of each year. ~Aembers now on the Comm!ssion sh9!! serve their
remaining terms. Any vacancy shall be filled by appointment by the Mayor with
confirrmrtion by the City Council for the unexpired portion of the term. Any
~~ . Commissioner who is absent from four or more meetings in a one-year period shall be
considered no longer adive and the position vacant, and a new person shall be
appointE,d to fill the vacancy.
SECTlON..a., Quorum.. Rules and M~etings. Four voting members of the Commission
shaJl constitute a quorum. If a quorum is present, the affirmative vote of a majority of
Commissioners present at the meeting and entitled to vote shaH be sufficient to
conduct business. The Commission may make rules and regulations for its meetings
and pr~~ures consistent with City Ordinances, and shall meet at least once every
month. At its first meeting In May, the Commission shall elect a chair and vlce-chair.
The Diredor of Public Works, or a designee, shall serve as secretary.
PAGE l'ic:fonIt\IaCIIuIa.ec-)
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SECTION 4. Powers and Duties... Generally. The powers, duties and responsibilities of
the Forest Lands Commission shall be as follows:
A. To implement the Forest Management Plan developed and adopted by the
City of Ashland.
B. To provide Integrated, Interdisciplinary direction and oversight to planning
teams preparing the following plans:
1. A Fare Management Plan fOr the wildfire lands Including lands within
the City limits.
2. A Recreation Plan for the wlldfilie lands, Including some Rogue River
National Forest Lands. that utilizes the recreational potential in ways that are
consistent with fire management and other resource goals.
3. An Ecosystem Management PI$n for the Ashland watershed.
C. To develop a strong community volunteer program to assist in the,
implementation of the Forest Management Plan.
D. To submit recommendations to the City Council regarding forest
management practices.
E. To ensure that plans integrate the forest management needs and jconcems
of the City and of private land owners in the wi~e lands. .
F. To promote public knowledge and acceptance of the Forest Management
Plan programs.
SECTION 5. Reports. The Commission shall sUbmit copies of its minutes to the City
Council and shall prepare and submit such reports as from time to time ma~' be
requested of them by the City Council.
SECTION 6. Compensation. Voting members of the Commission shall receive no
compensation for services rendered.
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SECTION 7. Resolution No. 93-06 Repealed. Resolution No. 93..Q6 -A Resolution
Creating The Forest Lands Commission-is repealed.
The forgoing resolution was READ and ADOPTED at a regular meeting of the City
Council QI'I the 7 de:'/ of /1),'1- . 1996.
I_~ .
Barbara Christensen, City Recorder
SIGNED and APPROVED this L day of ~ ' 1996.
~~
(~rine Golden, Mayor ~
Reviewed as to form:
~tU.J pJh ~
aul Nolte, City Attorney
PAGE 2-(c:~.o.)
REQUEST
BY COUNCILORS
CATEHARTZELL AND JACK HARDESTY
REGARDING PROPOSE,D RESOLUTION
FOR FOLLOW-UP TO MOUNT ASHLAND
EXPANSION ACTIVITIES
and attachments
A RESOLUTION REGARDING CITY INTERESrr IN
THE PROPOSED MT. ASHLAND SKI AREA~
EXP ANSION
The City of Ashland resolves as follows:
Section 1. Rehabilitation/Restoration
A. The City's criteria for rehabilitation/restoration of the Mt. Ashland Ski Area includes but is
not limited to the following:
Stabilize and reduce the size of parking lots, including planting grass/shrubs,
building an asphalt berm, stabilizing slopes, rip and remove asphalt except for roadway.
Restore roads by providing adequate draining, minimize erosion and make site more visually
acceptable. Some roads to be regraded; some to be ripped.
Buildings. If removed - Dismantle and burn, remove foundation to at least one foot below grade.
Cover with 3 feet of soil. Haul all non burnables off site.
Utilities: All above ground utilities must be removed. Sewage system would also be removed.
Lifts. Total removal- towers to be removed by'helicopter. Sonnet, Comer and
possibly others also need concrete foundations totally removed.
Bare areas. Must be ripped, mulched, fertilized and planted with grasses and
shrubs. Reestablish drainage in vicinity of Arie!.
Runs. Objective is to improve drainage, minimize erosion and restore scenery of the area. Plant
trees in certain areas; stabilize erosion gullies.
B. The City Council to establish an independent team of experts to estimate costs for the
rehabilitation/restoration work as required by the City, as above. This value to include
rehabilitation/restoration of the Ski Area, including the expanded area. The City Council shall
establish a cost for rehabilitation/restoration based on this estimate.
C. The Permit and Lease to be modified to reflect the rehabilitation/restoration criteria, and new
rehabilitation/restoration cost.
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Section 2. Business Plan
A. The Mt. Ashland Association will provide the City with a detailed Business Plan showing
capital expenditure and operating projections for the expansion, including:
a) Projected Gonstruction expenditures for each year of the expansion build out.
b) Projected sources of funds for financing the expansion for each year of the build out.
c) Projected operating revenues and expenses for at least a 10 year time frame during and after the
expansion build out based on historic variability of
visitation.
d) Sources of funding for the restoration/rehabilitation reserves.
B. City to contract with an independent CPA to verify thoroughness of Business Plan and the
reliability of the projections.
C. City Council to approve Business Plan.
Section 3. Quality Assurance/Quality Control Team
A) Establish a Quality Assurance/Quality Control team to oversee construction, construction
methods and protection of the City's watershed once expansion begins as follows:
I) The QA/QC team shall be an independent third party team of2-4 persons
highly speciaJlized in the soils and hydrology. The QA/QC team shall be
selected by a community team of 6-9 persons, appointed by the Council. The
Team shall1x~ paid for by MAA and shall report directly to the City and Forest
Service and give direction to MAA and its contractor. The Team shall be hired
prior to construction design completion so that th'e erosion control, mitigation,
restoration/remediation activities can be defmed through a specific erosion and
sediment contIol strategy prior to construction bidding. Once a contractor is
selected, that contractor must understand the authority of the QA/QC Team and
be responsive to its recommendations.
2) The QA/QC Team shall monitor:
a) Effects of expansion on soils. The Team shall analyze each specific
area of construction impact to define the mitigation/restoration activities
associated with each soils type.
b) Effects of c:~rosion: The Team shall provide specific BMP (best
management practices) to significantly reduce or control the negative
2
impacts due to erosion. This set of BMPs must be specific to the
alternative selected and be fully defined for the soils types.
c) Over-snow timber removal: It is recommended that this be the primary
removal method and that if work cannot be completed over snow, then
that proposal be submitted to the QAJQC team for advice and approval.
d) Construction methods to control erosion and sedimentation: Just as
standard erosion control strategies are in place, specific BMPs to control
sedimentation loading should be included in the erosion and sediment
control strategy developed by the QAJQC Team.
e) During construction and after construction completion, the QAJQC
Team shall defme a monitoring strategy to ensure post-construction
BMPs are in place to minimize disruption to restoration activities'due to
storms and snow melt.
f) To meet state and federal requirements, a Stormwater NPDES permit
shall be provided prior to the begin of operations. The permit will
necessitate an Erosion Control Plan and a Stormwater Management Plan
prior to construction. The QAJQC Team shall develop these plans
and have them approved by the City Council prior to approval of
construction.
g) The QA/QC team shall evaluate and require methods to reduce or
eliminate petroleum contamination.
h) The QAJQC Team shall, prior to the beginning of construction,
evaluate whether any work should be allowed in the mapped wetlands
area. If there is any impact (direct or otherwise), mitigation measures
shall be defined and directed to fully restore the wetlands.
i) Along with the wetlands area impact, the QAJQC Team shall make
a recommendation whether work within the riparian reserve area is to
be completed as an over snow operation, or during the dry season, to
minimize impacts.
j) The Team shall define and recommend implementation to restore
vegetation within riparian areas, if necessary.
k) Any significant use of blasting is to be discouraged and shall. be
referred to the QA/QC Team for its analysis and recommendation.
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1) Lift clearing width shall be approved by the QA/QC Team.
m) Erosion eontrol methods shall include silt fencing and fabric. These
are only two of the BMPs available. The QA/QC Team shall provide a
detailed mitigation plan to the Team for approval, prior to the onset of construction.
n) The QA/QC Team shall evaluate and make recommendations regarding areas which require
seeding, mulching and re-vegetation.
3) The Forest Service and MAA shall monitor creek impacts (erosion and
sediment loading primarily) at the 2060 Road at the crossing of the middle fork
of the east fork of Ashland Creek. Methods of monitoring shall be submitted
to the QA/QC Team for approval. Results of monitoring shall also be
submitted to the QA/QC Team.
4) The MAA shall be bound by the recommendations of the QA/QC Team.
Section 4. Completion
* The City requests that Mt. Ashland Association not proceed with an expansion plan activities
until such time as all of the above Sections are completed to the satisfaction of the City Council.
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4
July 19, 2005
City of Ashland
City Council
20 E. Main St.
Ashland, OR 97520
Re: Proposed Mt. Ashland Ski Area Expansion
Honorable City Councilors:
Over the past two years, there has been much discussion and many recommendations regarding
how best to protect the City from financial liability and how best to ensure that the Ashland
Creek watershed is protected from deterioration due to the proposed Mt. Ashland Ski Area (Ski
Area) expansion. On many occasions, the Council and staff have made reasonable
recommendations to and asked the Forest Service for information. An extensive review of past
City Council meetings reveals that there are many recommendations that have not been
implemented. The intent of this letter is to follow up on those recommendations so as to protect
the interests of the City of Ashland relative to the proposed Mt. Ashland Ski Area expansion.
We have prepared draft language of a resolution that will ensure that the lessee operator will not
increase the exposure of the City for site restoration liability. It would also help to reduce the
potentially tremendous impacts to the City's watershed.
We believe that it is prudent for the Council to (a) specify and quantify the restoration
requirements and set a new estimated cost for rehabilitation/restoration; (b) require a Business
Plan from Mt. Ashland Association;and ( c) require a Quality Assurance/Quality Control team to
rigorously oversee Ski Area construction and protection of the watershed.
* Rehabilitation/Restoration Bond
Section X (A) of the Special Use Permit (SUP) between the City of Ashland and the US Forest
Service requires that the ski facilities be removed in the event that the Permit is terminated.
(Attachment A) It also provides for restoration of the site. The special use permit, Section XI (E)
requires a bond in the amount of $200,000 to pay for the restoration of the Ski Area.
(Attachment B.) The 2004 Mt. Ashland Ski Area Expansion Record of Decision (ROD) requires
that the amount of the assets be "..adjusted to account for the increase in developed area and the
1
subsequently increased need for funding for reclamation in the event of Ski Area closure." ROD,
page 45-46. (Attachment C) This is a minimal estimate of the costs to rehabilitate/restore the Ski
Area and will certainly not cover the actual costs. It is the City's responsibility to ensure that the
MAA has adequate resources set aside to rehabilitate/restore the area to a standard acceptable to
the Forest Service and the City. This will ensure protection for both the watershed and City
taxpayers.
Since at least 2003, there has been a great deal of discussion regarding the City's liability and the
necessity to restore the Ski Area in the event of Ski Area closure. For example, on at least one
occasion, the City asked the Forest Service to specify exactly what the restoration/reclamation
requirements are and to quantify the costs. To our knowledge, the Forest Service has never done
so. In 20031 it was recommended that the City give'written assurance that the MAA has
sufficient assets to cover reclamation costs. Further, in 2003, staff recommended that the Lease
reflect this new, minimum value and that the Minimum Liquidation Value formula be reexamined
to determine whether it will provide adequate fmancial resources. Lastly, it was recommended,
again by staff, that the permit be revised to include specific restoration/rehabilitation
requirements.
The City as the SUP holder has a significant interest in ensuring that adequate financial resources
are set aside to restore/rehabilitate the Ski Area. In considering the adequacy of
rehabilitation/restoration money set aside by the MAA, we suggest that the Council look to the
guidelines in the October 3, 1991 letter from Rogue River National Forest Supervisor Jim Gladen
to (then owner of the Ski Area) Stevens Pass. The estimate for restoration/rehabilitation at that
time was nearly $1 million. (Attachment D) The requirements include:
Stabilize and reduce the size of parking lots, including planting grass/shrubs,
building an asphalt berm, stabilizing slopes, rip and remove asphalt
except for roadway.
Restore roads by providing adequate drainage, minimize erosion and
make site more visually acceptable. Some roads to be regraded; some
to be ripped.
Buildings. If removed - Dismantle and bum, remove foundation to at least
one foot below grade. Cover with 3 feet of soil. Haul all non burnables off
site.
Utilities: All above ground utilities must be removed. Sewage system would
also be removed.
Lifts. Total removal- towers to be removed by helicopter. Sonnet and Comer
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(possibly others) also need concrete foundations totally removed.
Bare areas. Must be ripped, mulched, fertilized and planted with grasses and
shrubs. Reestablish drainage in vicinity of Ariel.
Runs. Objective is to improve drainage, minimize erosion and restore scenery
of the area. Plants trees in certain areas, stabilize erosion gullies.
The question also arises regarding the value of Ski Area assets. The City owns all assets that
were in existence prior to the assignment of the Lease to the Mt. Ashland Association. It is
difficult, if not impossible to assess the sale value of this equipment - much of which is outdated.
Also, in an era of flat Ski Area visitation growth, the question arises as to who would buy Mt.
Ashland's old, outdated equipment. The City must estimate the cost of rehabilitation/restoration
on the high end, as there is no mechanism to collect additional monies from the MAA if the
estimate is too low, or if the valuation of equipment is too high. It appears that any liability over
and above the amount set aside by the MAA will be the City's; therefore a high end estimate of
the cost for rehabilitation/restoration would be prudent and better protect the taxpayers.
Recommendations:
I) Establish the City's criteria for rehabilitation/restoration of the Mt. Ashland Ski Area as stated
in the October 3, 1991 letter from Rogue River National Forest Supervisor Jim Gladen to Stevens
Pass. Attachment D.
2) The City Council to establish an independent team of experts to establish an estimated value
for the rehabilitation/restoration work as required by the City, as above. This value to include
rehabilitation/restoration of the Ski Area, including the expanded area. The City Council shall
establish a rehabilitation/restoration cost based on this estimate.
3) The Permit and Lease be modified to reflect the rehabilitation/restoration criteria and the new
rehabilitation/restoration cost.
* Business Plan
F or the City to ensure that adequate resources exist to fund a rehabilitation/restoration plan, the
MAA must provide the City with a Business Plan. In 2003, Lee Tuneberg stated that a business
plan could be constructed; the City left the responsibility for a plan to the MAA. To date, no
business plan has been submitted.
The City of Ashland, as lessor of the Ski Area, must take a keen interest in the Mt. Ashland
Association's ability to finance the rehabilitation/restoration costs, the proposed Ski Area
expansion and future operations. In 2003, Jeff Hanson of the MAA, stated that the alternative 2
3
expansion would cost $6 million (written estimate received from Jeff Hanson - (Attachment E);
the 2004 FEIS states $5.2 million (FEIS, Appendix I, page 5); the Mt. Ashland Association has
more recently predicted that it will cost up to $10 million (quoted at January 17,2005 MAA
Board meeting).
Recommendations:
I) The Mt. Ashland Association should provide the City with a detailed Business Plan showing
capital expenditure and operating projections for the expansion, including:
a) Projected construction expenditures for each year of the expansion build out.
b) Projected sources of funds for financing the expansion for each year of the build out.
c) Projected operating revenues and expenses for at least a 10 year time frame during and after the
expansion build out based on historic variability of
visitation.
d) Sources of funding for the restoration/rehabilitation reserves.
2) City to contract with independent CPA to verify thoroughness of the Business Plan and the
accuracy of the projections.
3) Business Plan to be reviewed for adequacy and accepted by the City Council.
*Quality Assurance/Quality Control Team
Over the past two years, the Council has had numerous discussions regarding the establishment
of a Quality Assurance/Quality Control Team (QAJQC Team) to oversee and direct construction
so that the City's municipal watershed is protected to the maximum extent possible. In October
2003, the City asked the Forest Service to include a QAJQC team in,:the,.Final Environmental
Impact Statement (FEIS). The City made the request very specific. Unfortunately, the Forest
Service did not respond affirmatively to this request.
Once the recommendations regarding the Restoration Bond and Business Plan have been
accomplished and approved by the City Council, the City must establish a Quality
Assurance/Quality Control Team (QA/QC Team) to ensure that construction methods are such
that the watershed is protected to the maximum extent possible. Following are the comments that
the City D;1ade to the Forest Service in the DEIS.
Recommendations:
I) Establish a Quality Assurance/Quality Control team to oversee construction, construction
methods and protection of the City's watershed once expansion begins as follows:
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a) The QAJQC team shall be an independent third party team of2-4 persons
highly specialized in the soils and hydrology. The QA/QC team shall be
selected by a community team of 6-9 persons, appointed by the Council. The
Team shall be paid for by MAA and shall report directly to the City and Forest
Service and give direction to MAA and its contractor. The Team shall be hired
prior to construction design completion so that the erosion control, mitigation,
restoration/remediation activities can be defined through a specific erosion and
sediment control strategy prior to construction bidding. Once a contractor is
selected, that contractor must understand the authority of the QAlQC Team and
be responsive to its recommendations.
b) The QAlQC Team shall monitor:
I) Effects of expansion activities on soils. The Team shall analyze each specific
area of construction impact to define the mitigation/restoration activities
associated with each soils type.
2) Effects of erosion: The Team shall provide specific BMP (best
management practices) to significantly reduce or control the negative
impacts due to erosion. This set of BMPs must be specific to the
alternative selected and be fully defined for the soils types.
3) Over-snow timber removal: It is recommended that this be the primary
removal method and that if work cannot be completed over snow, then
that proposal be submitted to the QA/QC team for advice and approval.
4) Construction methods to control erosion and sedimentation: Just as
standard erosion control strategies are in place, specific BMPs to control
sedimentation loading should be included in the erosion and sediment
control strategy developed by the QA/QC Team.
5) During construction and after construction completion, the QAlQC
Team shall defme a monitoring strategy to ensure post-construction
BMPs are in place to minimize disruption to restoration activities due to
storms and snow melt.
6) To meet state and federal requirements, a Stormwater NPDES permit
shall be provided prior to the begin of operations. The permit will
necessitate an Erosion Control Plan and a Stormwater Management Plan
prior to construction. The QA/QC Team shall develop these plans
and have them approved by the City Council prior to approval of
construction.
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7) The QNQC team shall evaluate and require methods to reduce or
eliminate petroleum contamination.
8) The QNQC Team shall, prior to the beginning of construction,
evaluate whether any work should be all 0 we,d in the mapped wetlands
area. If there is any impact (direct or otherwise), mitigation measures
shall be defmed and directed to fully restore the wetlands.
9) Along with the wetlands area impact, the QNQC Team shall make
a recommendation whether work within the riparian reserve area is to
be completed as an over snow operation, or during the dry season, to
minimize impacts.
10) The Team shall defme and recommend implementation to restore
vegetation within riparian areas, if necessary.
11) Any significant use of blasting is to be discouraged and shall be
referred to the QNQC Team for its analysis and recommendation.
12) Lift clearing width shall be approved by the QNQC Team.
13) Erosion control methods shall include silt fencing and fabric. These
are only two of the BMPs available. The QNQC Team shall provide a
detailed mitigation plan to the Team for approval, prior to the onset of construction.
14) The QNQC Team shall evaluate and make recommendations regarding areas which require
seeding, mulching and re-vegetation.
c) The Forest Service and MAA shall monitor creek impacts (erosion and
sediment loading primarily) at the 2060 Road at the crossing of the middle fork
of the east fork of Ashland Creek. Methods of monitoring shall be submitted
to the QNQC Team for approval. Results of monitoring shall also be
submitted to theQNQC Team.
d) The MAA shall be bound by the recommendations of the QNQC Team.
It is prudent for the City Council to seriously consider these important issues. Taxpayer dollars
are at risk because the City is the permit holder and ultimately responsible for funding restoration
and rehabilitation. The issues around the Ashland Fiber Network (AFN) have acquainted the
City with the potential long term consequences of anything but the most rigorous financial
review. The City has a legitimate interest in protecting the watershed and ensuring the viability of
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the expansion plan and should therefore adopt the proposed resolution.
Thank you.
Andy Bayliss
Paul Copeland
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5414827282
~AUWAI~K~
E. ~ondi~. The ,uthorized officer may requira th. hold.~ co furnish
a boud or other security to a.curt all or Any of the obligations i~osed by
the tQrmS of the authorization or any aF~liaable lAw, re~ul~tion, or order.
~nds, Pcrforwa~ce. Whert'bonding is called for the followin~ shall be
u~.d: A~ a furth.r fUAranttt of the faithful plrfora~nco of tn. p~ovi.io~'
of terms and conditions OF TM! RESTORATION E~IRONXEN!AL ANALYSIS
IDENTIFIED l~ THE OPERAT10N PLAN of this p.rmit, the holder a&rces to
dtlt~er and maint&in a surety bond or ocher acceptable ..curity in the
~mount of ~o HUNDRED TROUS^NP DOltAiS ($200,000). Should ~ha sureties or
the bonds deliver~d under this permit btco~e unsatisfactory to th- Forest
Service, the boldeT sh~ll, witht~ thirty (30) day~'of d.mand, furni.h a ne~
bood with surety, tolvent ~nd satisfactory to the'Toreit Service. In litu
of ~uret1 bo~d, the holder may deposit into a Federal depository, AS
directtd by the Forest Service, and maintain therein, cash in the ~ounts
provided for above, or negociable stcuriti., of the United StateS havin~ 4
~ar~et value At time of deposit of not less than the dollar amounts
provid~d above.
The holder'~ surety bond ShAll be released, or depositJ in 11.u of
bond. 5hall be returned thirty (30) days ~fter certification by the Forest
Scrvlc~ that priority installatio~A under the development plAn a~e
~omplct.. and u?on furnishing by tn. holder of proof satisfactorY to the
Fo~.st Service thAt all claim~ for labor and ~aterial on 'Aid installations
ha~' be~n paid o~ r_l~ased an~ satisfied. The holder a~ree$ that All
monc1~ d.?o~ited under this permit ~ay, upon f~ilur. on nis or her p~rt to
fulfill all and sin!U1ar the requiren.~t' het.in let forth or ~4de a part
hereof, ba retained by tha United Stitt. to b. A~pli.d to B&tisfy
obli~.tio~s a,sumed hQreundar, without pt.Judic* ~h~tevar to a~y rights and
renadies of tht Unit~d St~t~,.
Pr.ior to undertakint additional construction or alcor~tion wo~k not
provided for in th. above tQrms and conditions or when tbe i~ro~em.ntl are
to be removed and the area restored, the holder .hall deliver and maint~ln
A surety bond in an amount ,.t by the Forest ServicI, which a~o~~t sh&11
not be i~ e~C.SS of the .stimated loss which the Govern~cnt ~ould suffer
u?on default in perfo~mance of this work.
F. ~ater Ri~ts.
w.~.r by the holder.
Thi. ~uthori%~tion oonfers no rithts to tbe ~e of
Such r1&hts must be Acquired under State Law.
G. Current Addresses. The holdar and the For..t Service sb&ll keep
.ach inforned of current mailin~ .ddr.~.8S including tbose necessary for
billin& and pAYDent of fees.
H. Identification of Hol~.r. Idtntifit~tion of the holder ,ball
ramain .uf!1oiene eh4t the Forest $*rvic. ,hall know tbe true idontity of
th. enti~y.
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IX. RENE~AJ..,
^. Rcnc~.l. Th* authorized u.* may ba rene~ed. RanewLl ~aquires the
following condition~: (1) th. land u,. allocAtion i. compatible with the
Forest Land and R&!ou~C. Ma~d~&~ent Plan: (2) the ~it. is bein, used for
the purpol~s previouJly authori%td And; (3) the .~terp~i.a is bein~
co~tinuAlly optr.ted and naintained in Accordance with All the provisions
of tn~ p*rmit. In ~~kin~ _ renev~l, the .uthori%td office~ ~y modify the
term!. condition~, And speciAl stipulations.
X, RIGHTS AND RESPONSI!ILITI~S UPON T~RMINATION OR NONRKNEWAL.
A. R2~ov^1 of I~provemQnt'. Except!S proYid~d in Clausa VIII,A, upon
tcrmi~ation or revocAtion of thi, ~pacial usa pe~it by the Forest Service,
the hold~r shall rc~ovt within a reAso~able time as establish.d by the
autnotized officer, the structure, a~d iDprovementl and shall rastore the
site to,a condition ~aci.fActory to the autho~i%ed officer. unless
othe~ise VAived in writin& or in the authori~Atio~. If the holder fail.
to remove the structures or i~provem.nt' within ~ reaso~.ble period, as
determined by the authorized offioar. they shall b.oome the property of the
United Statel without compensation to the holdex, but tbat shall not
relieve the hold~r'a liability for the removal and ~ite restoration cost,.
XI. MISCELLANEOUS PROVISIONS.
A. Members of Gongrt.J. No Member of or Delegate to Oongress or
Re~ident Co~issio~er shall b. admitted to any shA~e or part of this
~&reement or to any Den6fit thAt m~y Arile herefrom unless it is made with
A corporation for its general benefit.
~. Ins~ectio~. forest Se~ioQ. Tnt ForQst Service shall monitor tha
hold.x's o~.rations ~~d reserves the ri~t to inspect the permitted
faciliti.s and improv~~e~tJ at any ti~' for compliance with tht tarms of
this Formit. Inspections by the Fore~t Sarvice ~o not relieve the holder
of responsibi11tia5 undor o~h~r terms of thi~ pcrnit.
c. Re~ulating Services and R~tes. Tb~ For..t Service shall have the
Authoricy to check and regul.te the adequ.cy and typ. of ~crvice! provided
the public a~d to req~ir. that s~~h .ervices co~fo~ to I&ti.factory
st~ndArds. The holder may be required to furnish a schedule of priQ.~ for
~&les and .ervice. authori~.~ by the permit. Such prices and servic.. may
be r.JUlated by the Forest Service: P~ovid&d. that the bolder sball not be
required to ch&r~e prices li(n1ficantly different than thos. charged by
comparable or c~etln~ Qnterp~ise!.
O. Adverti.ing. The holder, in adve~ti.ement't .isn't circul.r.t,
brochures, lett.rh..~s, and iik. natarials a' will as orAlly, shall not
mi.r.pr...nt i~ any WAY. either tn. ~~co~odatio~* ~~o~id.d, the ttatu. of
the permit, or the Ar~a covered by it or the vioinity. Th. fact that the
permitted area is locAted on the National Fote.t shall b. ~.de readily
appAre~t in all of tha hold~rts brochurls and print advertising regarding
use .~d managament of the Art~ ~~d facilities undar permit.
CD
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The Clean Water Act, 1982: My decision will meet and conform to the Clean Water Act as amended in 1982. This act
~s\abllshes a non. degradation policy for all federally propose(j projects, My decision meets anti-degradation standards
agreed to by the State of Oregon and the Forest Service. Region 6, in a Memorandum of Understanding (F orest Service
Manual 1561 5) This will be accomplished through planning, application. and monitoring of Mitigation Measures
!""c!udlng Best Management Practices (BMPs),
:1e (' E is Identified and completed an analysis of effects to section 303(d) listed water quality limited water bodies
.?d,iace'"")i or down stream of the Special Use Permit area, My decision is designed to avoid impacts where possible. and
wr'e'"'? ImoaClS cannot be avoided. mitigation IS designed to minimize the potential for accelerating sedimentalion 10
~:''?arlts (see ROD Attachment B)
Slate Forest Worker Safety Codes: The Oregon Occupational Safety and Health Code for Forest Activities (OAR 437.
='v~Slon 5) regulations will be met when my decision is implemented, Appropriate provisions will be included In all
~:;",i.' acts for addressing Slate Forest Worker Safety Codes.
IMPLEMENTATION
:-D'e~entatlon of my decision to authorize expansion at the Ml. Ashland Ski Area may take place 5Q days following lhe
JU0!lcatlon of a legal notice announcing this decision in the Newspaper of Record for the Rogue River.Siskiyou National
: C'"'2st Medford's Mail Tribune. This decision is anticipated to be implemented beginning in the summer of 2005
Permits, Authorizations, and Bonding
- -e SJec!al Use Permit Includes all management direction and Mitigation Measures idenlirled in the 1991 Master Plan,
~~,ve:: as permit clauses that govern the Forest Service/permittee relationship (i,e., the extent of commercial operations
?IIJwec food and beverage services, facility maintenance, etc.). The Action Alternatives analyzed in the FEIS and my
,je:'s:ori are designed to represent a reasonable scenario for authorization of ski area expansion, The environmental
3-3'YS~S process requires that the FE IS describe the environmental consequences of each alternative relative to ground,
:s;J:)lng actlVllies, not to be prescriptive of what takes place in an operational sense. The Forest Service believes that
'.'':'':: an.j their consultants are in the best position to determine where, for example, services are located. Exact
~)':allons and function of each building(s) will be determined at implementation. Final and exact facility, lift, ski run
:.c a;lons and other design features may be refined to a reasonable and logical extent during implementation (see
\":;2i'On Measures, Attachment B), not to exceed environmental consequences predicted in the FEIS.
:...._. JPer atlng plan IS required and is updated annually prior to operations, and the operaling plan includes authorization
YIC scheduling of development activities, The annual operating plan includes the Summer Work Plan, and describes
"':oW MAA will carry out construction and operations in accordance with the terms of the SUP and my decision This
Joe'" all;;g plan will also be In accordance with the Mitigation Measures required by my deciSion,
A: !ual construction will not occur until the Forest Supervisor or delegated Responsible Official approves the oper atlng
:,i:: - Compliance with the operating plan will be monitored by the Ashland Ranger District staff and Forest Service
'~syy:e special IsIS.
S;2:.e and local agencies have regulatory responsibilities for many activities and actions being authorized; these will be
:-3i;zed during the design. construction. and operation phases of actual expansion. Licensed professionals are reqUired
.::: :;reoare the construction drawings for facilities. utilities, 5.tructures, parking areas, etc. These proposals will then be
'eviewed by the appropriate state or local agency departments of environmental quality, planning, building, or health
AQoroval by these agencies is a condition of the SUP issued by the Forest Service.
:cfienlly. the SUP requires a $200,000 bond for ski area restoration in the unlikely event that operations (currently
,"j)anaged by MAA) declare bankruptcy and a subsequent decision is made to abandon the ski area, This amount was
uased on an Aprill992 Restoralion Environmental Assessment and Decision Notice for the current facility, The City of
Ashland. under their current lease agreement with MAAr requires MAA to have this amount available in "readily available
"Quid assets", thereby meeting this requ.iremenl.
Record of Decision ROD. 45
MI. Ashland Ski Area ExpanSi~
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11991 Mt. Ashland Ski Area Master Plan ROD/FEIS I
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The 1991 ROD/F E IS authorized the programmatic Master Plan that currently controls development at MASA, This
Master Plan programmatically authorizes MASA to expand (as described in the 1991 ROD, page 13) in accordance with
Alternative 7, This Selected Alternative "would 'expand MASA's capacity to 4,795 PAOT, served by a total of eight lihs,
Skiable terrain would be increased to 197 acres. One mile of cross-country trail would be groomed on Road 20, No
permanent (acilities would alter the character of the south side of Mount Ashland. A transport lift would connect the
eXlsllng lodge to a new facility at the Knoll. MASA's permit area would be expanded to enclose a total of 1,180 acres
(see discussion in FEIS Chapter IIfor corrections to this acreage figure), primarily including areas north of the Bowl and
the Knoll, Parking capacity would be increased to accommodate just over 1,900 vehicles, Summer uses would be
developed," Also see Section 0 of F EIS Chapter I for more information on the decisions made in the 1991 ROD,
I nnd my decision to be consistent with this programmatic Master Plan and that my site-specific decision to authorize
expansion is in compliance (and does not exceed) the programmatic aspects of the 1991 Record of Decision. My
decision does not foreclose future proposals by MAA to implement further aspects of the Master Plan pending site.
specinc environmental analysis.
Other Legal Requirements and Policies
In revIewing the F EIS and actions involved in my decision (Modified Alternative 2), I have concluded that my decision is
consistent with the (ollowing laws, requirements a'nd current or proposed policies:
The Preservation of American Antiquities Act, June 1906: All surveyed and inventoried cultural resource sites
associated with Ml. Ashland Ski area expansion will be protected from entry and excluded from any resource
management activities. New sites discovered during operations will be protected by required Mitigation Measures (See
~EIS IV./V.197 and Rod Attachment B).
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The National Historic Preservation Act: The Oregon State Historic Preservation Officer (SHPO) has been consulted
concerning activities associated with Mt. Ashland Ski area expansion. The Advisory Council on Historic Preservation
(ACHP) will be consulted about measures to protect significant archaeological sites from adverse affects, should any be
Identined (SHPO letter is included in FEIS Appendix N).
The National Environmental Policy Act (NEPA), 1969: NEPA establishes the format and content requirements of
environmental analysis and documentation, such as Ml. Ashland Ski area expansion. The entire process of preparing an
environmental impact statemeRt was undertaken to comply with NEPA.
The Endangered Species Act of 1973, as amended: Biological Evaluations and Assessments have been prepared to
document possible effects of activities on endangered and threatened species associated with Mt. Ashland Ski area
expansion. Appropriate coordination, conferencing, and consultation with USFWS and NOAA Fisheries have been
completed, Consultation letters from NOAA Fisheries and the USFWS are found in FEIS Appendix M (Biological
Assessments are available in the project records). A most recent Biological Opinion 8330.05373 (FWS log # '.15.04.F.
0537, Reinitiation for 1.7 .98-F -414) is available upon request.
An effects analysis was prepared to assess potential effects to Sensitive Species as identified by the Regional Forester,
This evaluation determined that while there may be impacts to individual sensitive species, those effects are not likely to
contribute to a trend towards (ederallisting or loss of viability of the population or species. All field surveys for activities
listed In this ROD have been competed,
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Clean Air Act Amendments, 1977: My decision is designed to meet the National Ambient Air Quality standards through
avoidance of practices that degrade air quality below health and visibility stand,ards. The Oregon State ,Implementation
Plan and the Oregon State Smoke Management Plan will be followed to maintain air quality (See FE IS IV -107 .IV .110)
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ROD. 44
Mt. Ashland Ski ArAA 1=vnR"~'''"
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United States
Depar.tment of
p,~ r :;.cul ture
Forest
Se tV lce
Ro~ue River
~)a t i onal
FCI'e0t
333 w. 8th Street
P.o. Box 520
Medford. OR G7S01
Mr. Merle Brooks
Stevens Pass
P.O. Box 98
Levenworth, WA 98826
O.JT(~ '91 '
Reply TO:~
bthbnd RanfU ,pjsl, : ~
_ 0, R.' ~ Date: October 3 J
8MA
SlLV --.I
TBR
RES
S:)ILS
T" OFf.' -
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_ lor. _
_ CO~\P. _
1991
x = !-CTIOH
Dear Me rle:
The following is in response to your letter of January 1~, 1991, identifyiDg
activities to "restore the site" if the Mt Ashland ski area closes.
We are very hopefUl the area will continue to prov ide downhiLL ski ing fer the
local con'HUnities. We would be happy to rr~et with any prospective bidders Lo
discuss aspects of the ski area permit. However, in the event the area does
close, we rrust identify the measures necessary to re~tore the site. Many of the
items you outlined are acceptable and have been incorporated into our response.
hO\-Je ve r', the re are a number of addi tional items tha t nus t be done in or-de r to
restore the site.
In AU8ust, 1991, a team of Forest Service specialists, which included
hydrologists, soil scientist, landscaye architect and engineering ~eolo~i~t,
reviewed the ski area on-the-ground. A ~eting was held en September 4, 1991,
to review their recorrmendations for restoring the site. The restoration
objec ti ve and preferred method for meeting that objecti ve wer'e identi fied. The
Ashland District Ran~er ~ould be willing to discuss with you alternative rneLhcds
for meetin& some of these objectives. A map, (Figure I) is enclosed showin~ the
location of f1Xjst of the requirerr.ents. The requirements ate 05 f0110',oJ5:
Parking Lots
The prirrary obj~tive is to stabilize soil movement on fill and cut SlOpeS,
Secondary objectives are to niake the areas rrore visuall.Y acceptable and to
e~ iminate unnecessary parkin~ area.
Ha in Lot
In the vicinity of the main drainaGe channel, approximately 200 feet of the fiil
slope requires planting of grass and shrubs. An asphal t ber'm should be placed
on each side of the main drcHriage' -on the parking lot 'to en5ure water flow is,
d:i. r'ected in to this channel. The cut slope frem the I'ental shop to the
bottleneck also needs to be stabi~lzed. The existing S!ope is too steep for
Caring Ic)( the Land and Serving P.opl.
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ve~etation to become well established.' The SlOpe angie should be decreased by
bui~ding a ~f'm of lar8,e boulders along the tc>e of the cut bank (~ee Fi~ul'e
II) . The aspha~ t from the be rfLJ to the toe of tt,e cut would be ripped to irnprove
water infiltt'ation. The area behind the berm will be filled with concrete fran
the build:i.n~s, material at the swil.chback or fill material hauled from the Ro~ue
Vailey. Trees, shrubs and grasses should be planted behind the berm.
Back Lot
Rip and remove asphalt except for roadway. The asphalt may be used as fi.11
mater- ia1 behind berrns on front lot. Haul 2 to 3 feet of clean, plantable
material and fill behind berm (see Figure III). Place geotextile~ in area of
berm to catch fine sediments. Plant ve&etation (shrub and grasses) and
fertilize.
On fill slope, extend rock and ~eotextile on weE-t end about 35 feet from ed~e of
ex is ting rock bj,anket. Plant shrubs/ Bra5ses on bare a r'ea of fill slope.
/ .
~
Pr~rrary obJect~ve of road restoration is to provide adequate drainabe, mln~mize
erosion, and make the site visualiy rore acce~table. See Fi~ure IY ioent~fy~n~
road locations.
Upper Road
Improve drainage with use of hand wate)'bar~. Waterbars wi;.1. be spaced acccrdin&
to the distances stated in the Finai Environmental Impact Statement, for the Mt
Ashland Ski Area, paf;e 11-21. Native materlal such' as rock and lof.,s may be used
with silt fencin~.
Wher'e &uliies are forrninB on the f111 areas, arroc,rin& with rock is necessar}'.
Bare areas of fiil slopes w1i1 be mJlched, fertiJ. iz.ed and planted to grass~s and
shrubs to abate erosion.
Ariel Road
Road is ltOstly stabiJ.i2ed. However, ,one Euily is forming and flowing down the
road and into the Bowl. Re-direct flow with waterbars to flow into rock talus.
Comer Road
Area is very visible from main parking lot. Gullies have formed in existinl;
road bed. Reshape road to natural contour on upper section near terminal. Use
native rock for waterbars and alternate dispersal of water on each side of
t'oad I Piant shrubs and grasses after appi y ing rtAJlch and fe rt 11 ize r.
The "Y" trench where the old T -Bar waf;> loca tea requires a. cc%b1na tion of
8,eotexti~es, rocks" ind shrUb ~l~ntirig tbrea~c~erbsibn ahd ~tebiJ.i2e the site.
Caring lor the Land and S~rY'09 People
FS.6200.26 (7.821
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Lo,.(er Haintenance Road (access road to Hind~or and Ariel terrr,inai)
The objective is to establish drainage and minimize erosion.
U~~er sebIT1er,t - This segment extends from parking lot to first sWltchback. Rip
surface. Add additional waterbars with nat~ve rock, logs, then mulch, fertllize
and Brass seed surface.
Lower se~ment - (from switchback to bottom of Ariel). Need to establish
dra ina~e. ReE,tade road to remove ins ide di tch and outslope road. Add wa te l'ba r s
end place rock armor below waterbars. Pull culverts and e~tablish natur'al
dra inage courses.
Piant shrubs and Brasses on bare cut and fill slopes. Seed, fertiiize and ~~ch
disturbed ground and roadway.
Sonne t Road
S~milar to COOler Road. Estabiish dralna{Se and control erosion with w2terbars
and vef,etation.
Lodge Access Road
Rip road. Bring in 2 to 3 feet of top soil and place on road ~urfoce. HUlch,
fertilize and piant shrubs and grasses.
Buildings
The pr im3 ry objec t ~ ve is to res tore the s J. te to v isuall y acce ptabi e cond i ti ons.
A~ you are aware, if the ski area 1S not sOld, our prefer~nce is to find other
Cicceptable uses or per'(1Jittee~ for the loObe and rental ~hcp that 2re compatibie
with the recreation objective5 of the area. We would like to discu~s wIth you
the, possib11 i tyof developing a pro5pectuS. The prospectus can be used to
identify alternate uses and permittees for the facilities (primari~y the lodge
and rental shop) tha tare compa tibl e for the area. Please iet rue kr,o,.J if you
are interested in pursuing this approach.
If the buiidings are to be removed, however, we think your proposal of
disn~ntling and burninB over snow is appropriate. The walls should be caved 1n
on the foundation. The foundation should be removed at least one foot be~o~
brade 1. evel for the rental shop, ioQ~e I and roisce~laneous building founda t lons
at the top'of Arlei. The remaining concrete foundation slabs (for the above
thl'ee buildings/~ocations) would be r-err.oved one foot be~ow ~rade levei and then
broken into 3 x 3 foot chunk~ to avoid creation of an artificiai hardpan and
pro\' ide for eventual tree r'oot penetra lion. The broken concrete fr'crn the Wal l s
cOuld be hauled to the front lot and used as fill materiai behind the berm u5ed
for stabilizing t~e cut slop~. Hau~in6Qff-~1t~,~n the5e ~en5it~ve areas wouid
avoid the possible visua~ impact of concrete pieces above the ground surface.
The area of the foundation would be covered with 3 foot of natural materiai or
Caring lor the Land and Serving People
FS.6200.a (;".82)
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F,el'le Brook~ 4
5ultabie 50ii brou~ht up from off-site and biaded to siopin~ conditions. ThE
~lte wou~d be fertiiized, ruuiched and p~ant~ to shr~b6, 5ras~es, etc.
The niO l.n tena nce shop nea r Wind sor shoul d be removed before the ac ce ~ s road is
rehabilitated. As you sug~e~ted, the building couid be burned over the sn~.
Hon-burnabie material ".nil. be hauied off site. The concrete foundat10n wouJ.d be
troken into 3x3 foot sections, covered with 3 feet of soii and planted to shrubs
dnd gra~ses.
P.il other bui.l.dinbs/structures can be burned with the concrete broken into 3 x 3
foot pieces, covered w~th 50il or buried, and pianted with ve~etation. If the
water system is used in the future, it can be left as is. If no use is
anticipated, the above ground structure should be removed. The \-later storage
tank should be welded shut.
other FacUities
The objective is to meet visual concerns and ccmply with 10cai and State
requlations. This includes, but not limited to, the electric, sewage, water,
r,ie,ht lightinf;;, and telephone iines/structures.
Your pro!Jcsal to l.eave under(Sr'ound utiiities in place ~s acceptabie. ./U".l. above
bround man-made features such as pct,./er ~upply ilnes and boxes, cement pad~,
telephone wlre, night lights, fence posts, boundary sibns, and alisceJ.lanevu~
wire w:i.~i be removed. You will. need to coordinate with PP&L on which
e~ectrical facilities shouid be left for the operation of KOBI-TV, ~.'eatr,er
ELrecu, etc. Any cement pads used to ~upport electricai boxes, .etc. :i.n the
vicinity of lodbe and ski rental shop will be physicfu.iy ren;cved fi'om the SJ le
(couid be used a5 f11J. materiai behind the beI'lT~ in the pork:i.n~ iots). IL.J.
ctr,er cer.,ent pads wi~~ be bt'oken arId, covered at their location or r.au::'eo eff
s~te. All disturbed areas will be n~lched, ferti~ized, planted w1th vebetaLion.
Restor'ation of the sewage system wiil conform to local and State re~ulations,
It Wl.l.J. require an abandonment permit and ins~ction by the County. It O.,OY also
requlre p~mpinb and sanitlzin~ of septic tanks, breaking the bottom of the LanY.s
ond fil~~ng with pea gravel.
Lift~
The ob~ective of restoration is to restore visual conditlons and control
erosion.
As you suggested I r-eltOval of the haul ropes and accessing the tower rr,achinei-Y,
Halo' ~ and ladder over snow wij,l prevent damabe to ground cover. Removal. of tr:e
towel's by hel icopter wi:"1 also prevent additional ground disturbance.
Host of the t.owers can be removed at ~round surface and the tower foundations
c0vel.ed w~th soil. Exceptions to this are the bottcrn terminol of Sonnet ano
the tcp termina~s of Comer and Ariel. The~e areas are vi~uaJ.J.Y sensit:..ve and
requi re addi tionai work. For Sonnet and Cooler the concrete founda tion of the
ter-rTILnai shculd be }:.hysical~y relIoved and the slope reshaJjed to the natL:f'al
Cartng lor the Land and Servln~ People
FS.62I)(I.28 (7-&2\
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contour, At the top of Ariel, the ,-are;e cement counter weight shou~d be hau:ed
off site. A:.. so , at the top of Arie::', all concrete foundations will be br'ol<en
one foot below grade level. The broken rr.atenal will be hauled off site,
Native soil can be brought in to cover the foundations,
Ect e areas on the bottom terminals of Ariel and Windsor will be rl~ped I mulched,
fertilized and planted with grasses and shrubs. Some 10101'1< will be requireri to
re~stablLsh the drainage in the v icinity of Ariel. ThiS will require gradin~
and rock armoring. Rock/ ;;oil will' al SO be pl aced over the ex posed s pr 111g ln the
area west of the Ariel terminal. This will be necessary if the existing water
5u~yiy is identified as needed for future use.
~
The objective of restoration of the runs lS to improve drainabe I minimlLe
eras ion and sedimenta t ion, and r eEtol'e the scenery of the a r'ea.
On-the-ground visits by sil view turists identified areas where natural seeriing
of tr ees is occu1'ring. Usinb this as a basis, and projecting tree growth into
the future, additional areas fer tree planting were identified by the' Lar,dsca;e
Architect (see Figures V, VI, and VII). An estimated 5 acres wilL require
,,1 antlng of hemloc\<! shasta r'ed fir' tree seedl in<;s on severa:. runs/:' i ft 1 ir,es,
A number of erosion glliiies ( those approx,-[.atelY 12 inches deep or gt'eater)
\.E::'i r'e<{uir'e brade stabilization to reduce velocl):.Y of the runoff. Examples are
found in the meadow near the lodge and the Ariel iift line, In SOfTie areas,
erosion control roats and rocl< arnx:-ring wi:'l also be r'equired · Native roc\<!wood
ffi2Y also be used for checl< dams and would also be appropriate in soore place s,
The existing runs are void of wood debr'is. ,Woody debris serves as a basis for
developing sOli suitabie for plEnt establishment and browth, To estab. i~h w()(Jdy
n,aterial on the' runs;:..dt iines, IOOve the existing woody mater.:al cut ar,o
stacked aJ.onb the runs onto both the ~ ift 1 ine s and ski run~.
The Rogue R~ver NEtional Forest emphasizes the use of native species for erosion
control work when the objectives can be,met. However, non-native specles may be
nece~sary in sc<ne places of sId area restoration to assure success. In sane
areas I such as steep slopes, gr'a~ses should be pianted as, plugs. Shrubs shcuid
be transplants or individual plants grown in nurserys; We will provide you ·
list of desirable species for plantin& as well 2S acceptable mulc~es and
fertilization rates.
Our ~oal is to see the area restored to the objective levels we have
established. We are wii1ing to di~cuSS with you ar.y of the above measures in
meeting those objectives. I expect the restoration pr'ocess wiil be a ITlI.11tl-year'
effor.t lasting 5 to 7 yeal"s, Due to the high elevation envll'onment, a one year'
res toration effort ,"ould not be adequate, for lIIany of the above items, A
moni tor ing pr'OE,ram is needed to. e.n.su['e" the efforts pre~cribed above are
successful. I wouid be. hapPY to wo/'k .with you or your conE.ul tants on t~is
matte 1', He would also be will ing to consider a partnership. effort wl;e re
Carln9 lor the Land and Serving People
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F'S.6200.28 (7,82\
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depos~t~ would be made in a co-op fund and the Forest Service,wou~d agree to
compl e te end rr.oni tor agr'eed u~n work. '
We estJ..mate the above erosion control mea5ure~ may c06t ~12.5,000, to $175,000
dOliars, This fi~ure doeB not include disma~~ing buiiding~1 towers, etc. I
undersland that has been estimated at, approximatelY $750,000. If you have a
ctOre pl"eci~e e5tlrr.ate of tbe c6~t of di&nantling, lncludinb the re~t6ration work
we have identified, we can review that in considerin~ Ski Ashland's financiai
capability.
Before any aS5et~ are considered for removal, we will need'evidence of Ski
Ashland's financial abillty t.o u..eet its obiigat.1ona under' t.heexiating permit.
This, ev idence D/ay be in t,he form of cash, bonding,. securities or 'other
acceptable u:eans of establ ishing financial abil.i ty.
Please fee~ fr~e to contact District R!n~erHary S~~lcer, 482-3333, if you have
any, questions concerning this restoration plan. Again? it 1s'our hope that a
sui t.able new owner can be located' anq that the reatof'8tion effort 'nl.l.J. not ccxne
to, 'pass., '''Ie look forward to a profi~abl,e ski- seaaon thi~ 'wint.er.
S:i.ncerel y,
JAMES J, GlADEN
JAMES, T. GLADEN
Forest Supervisor
Enclo~ures
cc: Ski A~hiand, Inc.
L92
ro Z720, F.ile
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Alternative 2
_u.~0as~d~~__u_~.h-~~e _~_j_____,l:ha~-e
$2,772,500
$0
$320,000
$66,650
$0
$0
$800,000
$0
$0
$17,200
$0
$0
$635,500
$567,000
$357,500
$188,010
$1 2,000
$354,800
Cost
$4,208,000
$567,000
$677,500
$271,860
$12,000
$354,800
J
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Project Component
BUILDINGS
PARKING
LIFT S
NFRASTRUCTURE
Roads
Power
Water and Wastewater
SNOWPLAY
SKI RUNS
Potable
2
3
-4
5
6
7
8
9
10
$3,092,500
$ 66,650
$0
$3.159.150
$800,000
$17,200
$0
$817,200
$993,000
$755,010
$354,800
$2,102,810
$4,885,500
$838,860
$354,800
$6,079,160
Buildings, Lifts
Infrastructure, Parking
Site Work, Ski Runs
Total Investment
~
11
12
13
14
15
16
17
18
19
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Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE AVAILABLE TO THE PUJH.I~
Meeting Date: fJ' 7;1.;2 0/05
~100Jr~ VO~ /;r R V
SUBJECT:
AGENDA NUMBER (if on tonight's agenda):
LAND USE HEARING (Please check one): FOR:
AGAINST:
,{ tve W /'l i flv/5
IF YOU WISH TO ADDRESS THE CITY COUNCIL:
1. Please complete this form and return it to the City Recorder.
2. Address the City Council from the table podium microphone.
3. State your name and street address for the official record.
4. Please limit your comments to 5 minutes, unless otherwise instructed by Mayor.
5. If written documentation is presented, please furnish one copy to the City Recorder for the
official record. .
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL:
1. Please complete this form and return to the City Recorder.
2. Written comments will be part of the official record.
Citizen Speaker Request Form
Please complete this form and return to the City Recorder.
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE A V AILABLE TO THE PUJH.ltA
MeetingDate:Gi>rvr~ '7 -('1- 0)'
)1:) '7 ~ 2-0. 0 ~- .
IR-v.
SUBJECT:
AGENDA NUMBER (if on tonight's agenda)~ X I~ (~
.- rrrr-fL~ t~ f' i YV ~
Frt...o M. CO U tV' 01 ~ ..
LAND USE HEARING (Please check one): FOR:
AGAINST:
WRITTEN COMMENTS: ., 1>0 NOr t.J 1511 'I7J )fcl~ (l; utj
w-ouy:> U((ctE ~~~-~~l 01'1
~~ NoV. e~T~
IF YOU WISH TO ADDRESS THE CITY COUNCIL:
1. Please complete this form and return it to the City Recorder.
2. Address the City Council from the table podium microphone.
3. State your name and street address for the official record.
4. Please limit your comments to 5 minutes, unless otherwise instructed by Mayor.
5. If written documentation is presented, please furnish one copy to the City Recorder for the
official record. .
IF YOU WISH TO SUBMIT WRITTEN COMMENTS TO THE CITY COUNCIL:
1. Please complete this form and return to the City Recorder.
2. Written comments will be part of the official record.
Art Bullock, 791 Glendower.
I'm here to speak about the process of Council putting an initiative on the
ballot.
Today, you're not being asked to make a decision on the merits, or to recommend
or support the ballot initiative, or even to hold public hearings on it. You're
being asked to put an already-filed initiative on the ballot, using your
discretion. This is uncharted waters.
It' 5 hot clear: 110w tllis discU55ioh ahd decisioh affccts othc.L LCllluL
initiatives already filed or awaiting council discussion. John Gaffey has
already asked Council for time to present his AFN ballot initiative. Charter
Committee has made several recommendations for amendments. i Our 9rouP has 5 more
amendments.
I
This discussion today is very valuable because it undersco~es the importance of
Council clarifying your guidelines for what .items you put on the ballot versus
those that must go through the signature process.
We all need clarity from Council on 3 questions:
1. When does Council put a filed initiative on the ballot without public
hearings on the merits?
2. When does Council put an initiative on the ballot with discussion, but
without a recommendation?
3. For what reasons would Council decline to put something on the ballot, with
or without hearings and discussion on the merits?
We all need clarity about Council guidelines for your ballot initiative
decisions.
Thank you.