HomeMy WebLinkAbout2006-1003 Council Mtg Packet
CITY OF
ASHLAND
ImDortant: Any .. n attending council meetings may speak on any item on the agenda, unless it is the
. subjectohl'publi ring, which has been crosed. The Public Forum is the time to speaJ< on any subject not
on the printed agenda. If you wish to speak, please fill out the Speaker ReqLiest form located near the
e nc Council Chambers. The chair will recognize y.ou and inform you as to the amount of
. The time granted will be dependent to sarne extent on the natore of 'the item under
ber of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 3, 2006
Civic Center Council Chambers
1175 E. Main Street
6:00 p.m. Executive Session to discuss pending litigation pursuant to ORS 192.660 (2){h)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. APPROVAL OF MINUTES [5 minutes}
1. Regular Council meeting minutes of September 19, 2006
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of October 1-7 as "Mental Illness Awareness Week" [5 Minutes)
2. Mayor's Proclamation of October 8-14 as "National Fire Prevention Week" [5 Minutes)
VII. CONSENT AGENDA [5 minutes)
1. Minutes of Boards, Commissions, and Committees
2. Appointment of Zack Williams to the Forest Lands Commission
VIII. PUBLIC HEARINGS {Testimony limited to 5 minutes per speaker, unless it is the subject of a
Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC ~2.04.040})
None.
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending
on the number of individuals wishing to speak.) [15 minutes maximum)
X. UNFINISHED BUSINESS
1. Mt Ashland Area Expansion update [30 Minutes)
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASIILAND.OR.lJS
XI. NEW AND MISCELLANEOUS BUSINESS
1. Philip Lang request for fee refund [20 Minutes]
2. Discussion of Future of Railroad Property [30 Minutes]
3. Discussion of City Charter Ballot Timeline [20 Minutes]
4. Request for a Variance to Allow Operation of a Light Plant for ODOT Night Work
[15 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. First Reading by title only of an ordinance titled, "An Ordinance Amending the Ashland
Municipal Code Relating to Adoption of the 2004 Oregon Fire Code"
2. First Reading by title only of an ordinance titled, "An Ordinance Amending Chapter 2.52 of
the Ashland Municipal Code Relating to Rules of Procedure for Personal Service
Contracts"
3. First Reading by title only of an ordinance titles, "An Ordinance Amending AMC 3.08.020
to Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
XIV. ADJOURNMENT
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).
COUNCIL MEETINGS ARE BROADCAST L.lVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASl-ILAND.OR.US
Ashland City Council Meeting
September 19, 2006
Page 1 of8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 19, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:05 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced there are volunteer positions available on the Forest Lands and Bicycle &
Pedestrian Commissions.
APPROVAL OF MINUTES
The minutes of the Regular Council meeting of September 5, 2006 were approved with the following
amendments: page 3 - She stated they the City ask this of small grantees and does not think there should be
a double standard." "She also questioned whether the deliverables under the Methodology actions listed on
Page 2. .." Page 5 - "She also suggested the policies and procedures be aa0flted reviewed and adopted
before they move forward. . ."
SPECIAL PRESENTATIONS & AWARDS
1. Bicycle & Pedestrian Commission Annual Presentation
Staff Liaison Derek Severson, Commissioners Tracy Harding, David Young and Paul Rostykus
addressed the Council. Mr. Severson explained that the Bicycle & Pedestrian Commission
consists of nine voting members, one who is a City Councilor, and four non-voting members.
They meet the third Thursday of every month at 51 Winburn Way at 5: 15 p.m. The Bicycle &
Pedestrian Commission works to promote bicycling, walking and other non-motorized forms of
transportation and presents bicycle safety education in local schools.
Commissioner Young spoke in memory of Carole Wheeldon and her contributions to bicycle and
pedestrian safety in the City. He also stated that the 2006 Car Free Day would be dedicated in
her honor. Commissioner Harding spoke regarding Car Free Day, scheduled for September 22,
and provided an explanation of the day's activities. Commissioner Rostykus announced that the
City of Ashland was recognized by the League of American Bicyclists as being a bicycle friendly
community at their bronze level. He stated that the Commission has been working with the BT A
(Bicycle Transportation Alliance) of Portland, the Traffic and Safety Commission, and the Parks
Foundation to put on bicycle safety, riding skills, and bike maintenance classes in the middle and
elementary schools.
Mayor's Proclamation of September 19 as "Ashland Car Free Day" was read aloud.
3. Report on Interagency Council on Homelessness (U.S. Department of Housing and Urban
Development)
Paul Carlson from the US Interagency Council on Homelessness, from the Seattle HUD office, gave a
report on the national effort to assist in the effort to end homelessness. The agency's responsibilities are
three fold: I) to coordinate the efforts of all the Federal agencies 2) to work on the State level 3) to work
Ashland City Council Meeting
September 19, 2006
Page 2 of8
with local communities for the development of local plans to end homelessness. He gave some facts about
the cost ofhomelessness: the cost of allowing a person to remain homeless is twice as much as the cost of
housing and providing services. In other words, it costs $44,000/year to allow a person to remain homeless
and only $20,000 to house them with expensive services. 10% of homeless, who are out there the longest,
consume about 50% of the resources devoted to the issue. People who are homeless, or who have mental
illness, typically stay in jail for twice as long as those who are not homeless - even for the same crime.
The effort to end homelessness has found the greatest success from permanent, sustainable housing. This
is where communities assist people both to find permanent housing and to have assistance with the basics.
Mr. Carlson is hopeful that Ashland will work with Jackson County to create a committee to develop a
valley-wide plan.
4. Presentation from DEQ on P.M. 2.5 Emissions
John Becker with the local Department of Environmental Quality returned to finish the discussion from the
March 21, 2006 meeting regarding the proposed new federal air quality standards for fine particulate
matter (PM 2.5). He encouraged a wood stove change out ordinance, as well as a residential open-burning
ban. He gave updates on all the local cities and their progress.
Councilor Jackson confirmed that the reason for this request is that the requirements for air quality is about
to be more restrictive, and so we are striving to have better air quality to stay in compliance for the future.
Councilor Hartzell requested a template for both the woodstove and the open burning ordinances. Mr.
Becker stated he would be happy to provide those. Councilor Chapman asked if it would be possible to
end slash burning. Mr. Becker stated that this is a common request, but is unfortunately outside ofDEQ's
ability to control. Councilor Hartzell asked if it would be of any assistance to receive a letter from the City
of Ashland requesting Federal funding to support DEQ for these projects. Mr. Becker stated that DEQ is
planning on introducing legislation relating to these things, and one does contain a package for grant
funding to local communities to help enforce these ordinances.
Councilors Hartzell/Jackson mls to have staff return with woodstove change out and open burning
ban ordinance information. Voice vote: All AYES. Motion passed.
Councilor Hartzell also requested that staff prepare a letter to the governor's office requesting funding for
the restoration of the air quality program.
Mayor's Proclamation of September 30 as "First Nation's day" was read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees
2. Appointment of Jim Olney to the Bicycle & Pedestrian Commission
3. Approval of Public Contract Greater than $75,000 - Electric Line Truck
4. RVTD Contract Approval
Council Hartzell requested that item number 4 be pulled for discussion.
Councilors Hartzell/Jackson mls to approve items 1-3 of Consent Agenda. Voice Vote: all AYES.
Motion passed.
Councilor Hartzell requested some clarification On the contract. Item 1.1 states that the contract will end
on June 30, 2007, yet item 2.1 states that at the start of the new fiscal year, the program would
automatically begin again. She would like clarity on if the contract will be automatically renewed, or the
program. It was determined that the last sentence of 2.1 should be struck.
Ashland City Council Meeting
September 19,2006
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Councilor Hartzell requested the detailed ridership report, listed in 1.3, is given to each council member.
Councilor Silbiger asked that the City request that RVTD remove the signs for all the unused routes. Mrs.
Bennett stated that this request had already been made. It was suggested that a letter be written to RVTD,
from the Mayor, re-stating this request. Councilor Hartzell also requested that in the letter we ask for the
times of the bus pick up is added to the posted information. Mrs. Seltzer stated that RVTD would be
posting the route maps, including the times, in all bus shelters soon. Mayor Morrison agreed to write the
letter regarding the request that incorrect signs are removed and correct signage be added.
Councilor Chapman wanted clarification on when it was determined that the City would be subsidizing
Valley Lift $15.54 per ride. Mrs. Seltzer reminded the Council that this was discussed and the "Proposed
Costs to the City of Ashland for RVTD Extended Services" handout was in their packet for the June 28,
2006 meeting.
Councilor Hartzell requested that with the monthly ridership report we track whether or not we will be
running out of funds before the end of the fiscal year, and if so, how will be handle this financially. She
worried that this is an uncontrolled cost, and we could potentially be required to spend money we have not
budgeted for. Councilor Silbiger stated that the control is when we run out of money, we stop the
program. Councilor Hartzell is concerned that we could end up more heavily subsidizing Valley Lift and
have less available for the regular riders. Councilor Silbiger reminded her that this was specifically the risk
the Council took in June when choosing this plan.
Councilors Hartzell/Silbiger mls to approve the contract with the first word of item 1.1 changed to
"contract" and the last sentence deleted from item 2.1. DISCUSSION: Councilor Hardesty wanted to
know if we were ever going to discuss this again in a study session. All agreed that this would be brought
forward for further discussion at a later study session. Roll Call VOTE: Hardesty, Amarotico, Hartzell,
Jackson, Silbiger, Chapman, YES. Motion passed.
'PUBLIC HEARINGS
1. Settlement of a Property Ownership Dispute in Timberline Subdivision
Paula Brown gave history of the dispute. The ownership of this property has never been established in
records. The legal department recommended that staff deed the property to Joe and Ruth Jarvis in
exchange for retaining bicycle and pedestrian, utility, storm drain, and slope and drainage easements. The
property could not be developed, nor could a road be built there, due to the steepness. Councilor Hartzell
requested clarification on as to whether or not we need to record something stating that no building could
occur which will compromise the easements. Mrs. Brown stated that if we retain the easements we are
requesting, that will be record enough to protect the property.
Mayor Morrison questioned information as to when this particular parcel fell off the tax maps. Mrs.
Brown stated that it, most likely, was never on any tax record. The property was never truly deeded to the
City and so was never part of the tax record. Mayor Morrison wanted to know if the Jarvis' were
requesting the back taxes as well and what are the legalities of this regarding taxes. Mrs. Brown stated that
if we were to do nothing, which would likely lead the Jarvis' to file a lawsuit, then this could become very
messy.
Public Hearing Open: 9: 17 pm
No public testimony given.
Public Hearing Closed: 9:18 pm
Councilors Chapman/Amarotico mls to approve the deed, authorize the Mayor and the City
Ashland City Council Meeting
September 19,2006
Page 4 of8
Recorder to sign it, and direct staff to resolve the back-taxes issue. Voice Vote: Hardesty,
Amarotico, Jackson, Silbiger, Chapman, YES, Hartzell, NO. Motion passed 5-1.
PUBLIC FORUM
Ambuja Rosen / showed a new poster of a permanently chained dog. She stated that an anti-tethering
ordinance would have protected this dog. She stated that an ordinance would also protect those who would
prefer to report abuse anonymously, and complained about the county's requirement for people reporting
animal abuse to give contact information. She requested the council enact an anti-chaining ordinance.
Marilee Jenkinson / gave information regarding Lieutenant Ethren Watada, who is under court-martial in
Fort Lewis Washington. She urged the council to approve a resolution telling Fort Lewis to stop the court-
martial.
Tracy Harding / remind the council of the hikes which have been organized to tour the Mt. Ashland
Expansion Area.
UNFINISHED BUSINESS
1. Request to close Main and Lithia Way as part of First Nations Day
Public Works Director. Paula Brown described the request for closures and the background as where the
request comes from in regards to the closing of streets for First Nations Day celebration. The original
request was to close one lane on Lithia and one lane on N. Main for the celebration. Later it was requested
that both directions be closed or create two-way traffic on Lithia. Mrs. Brown stated that due to the
difficulties with ODOT, the preference was not to have two-way traffic. She stated that they are applying
to ODOT and working with the Police Department to close one lane of traffic in each direction. However,
if she gets instructions she can work with ODOT on closing both lanes.
Robert Brothers/ Urged the Council to close both Main and Lithia Way for the sake of this celebration.
He described the theatrical nature of this prayer celebration. He reminded us that just as we do not like to
hear the sound of cars while in the theater, we do not want to have the sound of cars during this
celebration. He stated that the amount of traffic on an average Saturday, the disturbance would not be too
exceSSIve.
Jim Young / Stated he is grateful for this new addition to the art community. He feels the more we can
make the community connected to the art, the more they will seek to preserve and protect.
Ed Little Crow / Urged the council to close the streets. He stated he is from the Crow-Creek Indian
Reservation and traveled from South Dakota for this celebration. He wanted to thank the council for their
patience and tolerance and for taking the time to consider this request.
Thomas Doty / Urged the council to close the streets. Stated he wants this to be an opportunity for the
Native Americans to tell their story. He feels that this is a sacred ceremony and should be given the same
respect as any sacred church ceremony.
David West / Gave a quick history of the Native American alliance program and the history of the Native
American people in the area. He hope,s that we can have Ashland begin the return to this being a healing
area and an active presence of Native peoples. He urged the Council to grant this request and to come and
celebrate with the participants.
Ashland City Council Meeting
September 19, 2006
Page 5 of8
Agnes Baker Pilgrim / Stated her concerns over the maintenance ofthe sculpture. She is thankful for this
sculpture, and believes it will help bring about healing between peoples.
Marko Bey / Urged the Council to close the streets.
Nick Frost / Urged the Council to close the streets. Stated that greater closure equals greater awareness.
Councilor Chapman supported full closure. Councilor Hartzell wanted to clarify that even on 4th of July
we have two-way on Lithia Way. Mrs. Brown stated that even though this all-lane closure request is new,
with the Council's recommendation she could go to ODOT easier. They can close Lithia from Oak to
Helman and Main from Wimer to Oak for the hour of the celebration. Councilor Jackson supports the
closure as well. She believes the financial expenditure will be greater due to the extra police assistance.
Paula stated that with the amount of people we have for the current closure it probably will not add that
much more staff time or expense.
Councilors Jackson/Chapman mls to close N.Main and Lithia, between Oak and Hersey for the
time-period of the dedication on September 30, 2006.
Discussion: Councilor Hartzell questioned whether the proposal put forward proposed that Mr. Hain~s
share in the costs of this closure. Mrs. Bennett stated that the original estimate was $1100, to be split
50/50 between Mr. Haines and the City. She stated that the Council does need to be prepared to pay for
anything over that amount. Councilor Silbiger suggested that we maintain the 50/50 split, regardless of
this new increase in costs.
Councilors Silbiger/Hartzell proposed an amendment that the costs of the street closure be shared
50/50 between the City and the Applicant. V oice Vote: All AYES. Amendment passed.
Voice Vote on Motion: all AYES. Motion passed.
2. Follow up on September 6, 2006 Study Session on Mt Ashland QA/QC Team and Advisory
Group
Public Works Director Paula Brown stated that at the September 6, 2006 study session staff was requested
to bring this item back, so that Council could vote on their decision on how to proceed with the selection of
the QNQC advisory group and then the QNQC team.
Councilor Chapman questioned if there were many firms who could fall into the RFP requirements. Mrs.
Brown stated that there were many firms who have knowledge of other mountains, but not necessarily
many who are famili'ar with Mt. Ashland. However, most teams typically will hire a consultant who has
the expertise the City requires.
Councilor Jackson likes option #3 because she likes the idea of a group who has already a good working
relationship. Confirmed that Staff wants a decision from Council on the members of the advisory group,
so that the advisory group can then determine the details of the RFP. Mrs. Brown stated that is correct.
Councilor Hartzell prefers that the advisory tern make a recommendation on the QNQC team, but that
Council make the final decision. She suggested that the advisory group have a few modifications; have at
least one representative from the two sides of the current litigation (i.e. one or two from Mt. Ashland and
one or two from the Sierra Club- as long as the numbers are even,) if Forrest Service is involved they
should be a non-voting member. She is supportive of the idea of the advisory committee.
Councilor Hardesty wondered if having two council representatives on the advisory team, particularly as
both Councilor Hartzell and Councilor Jackson are so familiar with the project.
Ashland City Council Meeting
September 19,2006
Page 60f8
Councilor Jackson stated that the advisory group represents the entire community and therefore requests
that the members not be labeled either environmentalists or non-environmentalists. Councilor Hartzell
stated that the reason she wanted one from each group, was that this is a particularly specialized issue, and
so she requested people who are close to this issue be on the advisory group. She would prefer that those
two groups determine whom they would prefer to send to the team.
Councilor Amarotico wanted clarification as to why the Council members on the advisory team should be
voting members. In the term Quality Assurance / Quality Control, he is not sure how they can ring in on
the science that the other members will be bringing into the meeting. It was determined that this is a topic
for another discussion.
Eric Navickas/ stated that the absence ofMt Ashland in ~his discussion shows how little they care for the
interests of the City. He believes that this is the time for the City to take this issue seriously, and have
discussion with legal as to how to proceed.
Andy Bayless/ stated that he appreciated Paula and the City's work on this, but wanted to remind us that
Michael Hogan works for ski areas, he is not necessarily a neutral person. He does not like items 1 or 4 in
the council packet. He feels it is important that the Council retain over-site of the QAlQC team. It seems
to him that Mt. Ashland has decided to stop working with the City.
Paul Copeland/ stated that the letter from Mt. Ashland seems to be pointing us in a new direction. He
thinks that Paula and Martha have done their best to uphold the previous resolution, approved last
November. Suggested that the RFP could be both for firms or individuals
Tom Dimitre / stated that options 1 or 4 are not acceptable, as Michael Hogan is not independent, as he
works for Mt. Ashland Association, so 2 or 3 are acceptable. This it is important that the city re-iterate that
Mt. Ashland.
Councilor Silbiger suggested that the group contained someone experienced in mediation. He thinks that
the previously discussed advisory team is acceptable. He leans towards option 3 as a preference.
Councilor Jackson found her papers from two years ago, which included papers from three years ago,
when there was a discussion in regards to the possibility of the advisory team, and sees today's action as
putting that goal into action.
Councilor Hartzell does not want the Council to assume that a newly formed team cannot work together.
She is supportive of sending out an RFP, but questions the term, "firm" in option 3. She would prefer that
the people responding to the proposal state exactly who is going to be working on this project to assure that
we have people with some local specialty.
Councilor Hardesty cautioned the City not to select a firm, just because they work well together. She does
not. want the City to sacrifice expertise for the sake of finding an existing team.
Councilors Hartzell/Hardesty m/s that the advisory team be made up of the director of Public
Works, and two liaisons from the City Council, two representatives from Mt. Ashland Association,
two representatives from the Sierra Club, and a non-voting member from the Forest Service.
DISCUSSION: Councilor Jackson stated she would like an amendment to the motion to change
"environmental representative" to "community at large representative". Councilor Hartzell stated that the
purpose of this is to establish accountability in these decisions, and so the environmentalist group needs to
be a part of that. Mayor Morrison stated that anyone who wants to enter into this group and pass Council
approval would need to enter into it with a sense of trust and a willingness to work with the other side.
--I
Ashland City Council Meeting
September 19,2006
Page 7 of8
Roll Call Vote: Hardesty, Amarotico, Hartzell, Jackson, Silbiger, YES Chapman, NO. Motion
passed 5-1.
NEW AND MISCELLANEOUS BUSINESS
1. Discussion of City Charter Ballot Timeline
Moved to the October 3,2006 Agenda.
2. Contract to Lease the AFN Head End to Provide CATV Service
Joe Franell gave history on the leasing of the AFN Head End and gave an overview of the RFP process. He
clarified that Dan Nelson did not receive any preferential treatment, even though he is a current City of
Ashland employee.
Councilor Jackson requested clarification on what channels would be included in the cable service. Mr.
Franell stated that the exact channel line up has not yet been contracted, but part of the RFP was a
requirement that relevant, local programming, such as RVTV, local stations, local access, etc..., be
included.
Councilor Jackson was interested to note that Ashland Home Net will be paying both a monthly fee and a
percent of the total income. Mr. Franell clarified that the monthly fee is the rental cost of the equipment
and space and the revenue sharing is the City's attempt to share in any success Ashland Home Net may
have with this product.
Art Bullock / requested that the letter he previously submitted to the council be included in the council
packet. He also stated that the ISPs were given preferential treatment for bidding over those who are not
ISPs. He does not believe that the process was open, legal or fair. Also stated that the legal opinion,
which was stated to be in the council packet, today, was not included and therefore violates the fairness
and openness rules. He asked that we not approve this contract.
Councilor Hartzell stated that we did receive the legal opinion just prior to the council meeting, but it is
exempt from disclosure pursuant to ORS 192.502(9) under attorney/client privilege.
Councilor Silbiger pointed out the good effort the City went towards fairly contacting as many people as
possible for the bid process.
Councilor Silbiger/Chapman m/s to approve contract with Ashland Home Net. Roll Call Vote:
Hardesty, Amarotico, Jackson, Silbiger, Chapman, YES. Hartzell, NO. Motion passed 5-1.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Second Reading of an ordinance titled, "An Ordinance Amending the Transient Occupancy Tax
and the Food and Beverage Tax Provisions to Permit Fees to be Added if Deliquent Payments
are Turned Over to a Collection Agency"
Councilors Jackson/Silbiger m/s to allow Councilor Amarotico to abstain from this vote. Voice
Vote: all AYES. Motion passed.
Councilors Jackson/Silbiger m/s to approve Ordinance #2931. Roll Call Vote:
Hardesty, Silbiger, Chapman, Hartzell and Jackson, YES. Amarotico, ABSTAIN. Motion passed
5-0-1.
Ashland City Council Meeting
September 19,2006
Page 80f8
Councilor Hartzel/Hardesty m/s to extend meeting until 10:30 pm. Voice Vote: aU AYES. Motion
passed.
2. First Reading by title only of an ordinance titled, "An Ordinance Amending the Ashland
Municipal Code Relating to Adoption of the 2004 Oregon Fire Code"
Item moved to October 3,2006 agenda.
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Council action on Jackson County proposed Rural Zoning Actions
Mayor Morrison stated that there is a draft letter in the packet to the County Commissioners. He stated that
this letter was prompted by discussions he had with several council members who expressed concern with
the County's decision to allow low density, non-urban development on non-resource lands in Jackson
County. He felt it was a good idea for the Council to go on record as opposing this decision.
Councilor Jackson encouraged council to approve this letter, and thanked Councilor Silbiger for getting
involved and being concerned about agricultural land use. Councilor Hartzell stated that, as we are not
able to do the resolution regarding this issue, this is an important letter. Councilor Silbiger wanted to point
out that there will be real costs to the City of Ashland, particularly with the additional costs of Fire and
Rescue to all these houses. Councilor Jackson stated that, as most of these locations are to the east of
Ashland, off HWY 66 and Dead Indian Memorial Road, and so all the extra traffic will be funneled
through the southern 1-5 interchange.
Art Bullock! stated he appreciates that this is on the agenda, and reminded us that this is letter is exactly in
the spirit ofRPS. He also stated that even though this is County land, the costs of this action would fall on
the City.
Councilors Chapman/Amarotico m/s to approve the sending of this letter. Voice Vote: all AYES.
Motion passed.
ADJOURNMENT
Meeting was adjourned at W:33pm
Diana Shipley, Executive Secretary
John W. Morrison, Mayor
.,
T
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MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
September 14,2006
Civic Center Council Chambers
1175 E. Main Street
CITY COUNCIL STUDY SESSION
SEPTEMBER 14. 2006
PAGE I of4
CALL TO ORDER
Mayor Morrison called the Study Session to order at 5:15 p.rn. in the Civic Center Council Chambers.
ROLL CALL
Councilors Si1biger, Amarotico, Hardesty, Jackson and Chapman were present. Councilor Hartzell arrived at
5:22 p.m.
1. Discussion of Maintenance of School Grounds
City Administrator Martha Bennett explained the issue regarding the Ashland schools ground maintenance.
She stated a subcommittee of the Parks & Recreation Commission, Ashland School District and the City
Council have met and resolved the short term issue regarding the maintenance of Briscoe and Lincoln
Elementary. She requested Council discuss whether they would be willing to participate financially in the
long term maintenance of these two school grounds, as well as the long term maintenance of all of the school
grounds. Ms. Bennett noted the City has participated with the maintenance of school property in the past, and
noted the financial history information included in the packet materials. Ms. Bennett requested Council
discuss this issue and provide staff with direction.
Juli DiChiro with the Ashland School District addressed the Council. She clarified their legal department has
advised levy funds would not be an appropriate use for any of the landscaped areas and that these funds
could only be used for the fields that are being used for recreation.
Parks & Recreation Director Don Robertson provided an estimate of $150,000 per year for the City's Parks
& Recreation Department to maintain all of the schools grounds. He clarified this includes the maintenance
of Lincoln and Briscoe Elementary, which are no longer occupied by the School District.
Ms. DiChiro clarified the Willow Winds school grounds are open to the public; the playground is used by the
community and the grounds are used for camps and hiking purposes.
Mr. Robertson commented on the Parks & Recreation budget and stated they do not have individual budgets
for each of the City parks. He explained the Parks & Recreation Commission view their tax responsibilities
to be limited to what those City taxes are specifically collected for. He stated the school properties owned by
the school are viewed by the Commission as being outside the scope oftheir financial responsibility.
Ms. Bennett clarified the Council made a commitment at the end of May to discuss whether the City wanted
to be involved financially and the discussion came under the context of the Lincoln and Briscoe issue. She
stated it was not clear at that time whether the Council's commitment was just to these two schools or all of
the school properties. She stated if Lincoln and Briscoe are providing a neighborhood park function, it would
logically follow that the other schools are doing the same even though they are occupied by the School
District.
Ms. DiChiro clarified all of the school parks are utilized by the general public and that each has their own
draw.
CITY COUNCIL STUDY SESSION
SEPTEMBER I4. 2006
PAGE 2 of4
Council discussed whether the City should financially contribute to the school grounds maintenance and
where the additional funds would come from. Comment was made that if the grounds at Lincoln and Briscoe
Elementary are being used primarily as neighborhood parks the City should be paying for the upkeep.
Comment was made that $150,000 taken from the City's general fund is too much and suggestion was made
that this should be balanced within the Parks Department budget. Statement was made suggesting a smaller
portion of the $150,000 figure be appropriated for Lincoln, Briscoe, Hellman and Bellview and for the City
to focus on these as strategic neighborhood parks rather than spend $150,000 to maintain all of the school
grounds. Suggestion was made for the Parks & Recreation Department and Ashland School Board to share
the costs of the maintenance 50/50. Support was voiced for the Parks & Recreation Commission and Ashland
School Board to review their budgets and see how this can be funded.
Ms. DiChiro explained the subcommittee has met several times and the Parks & Recreation Commission has
already completed an evaluation of their budget. The Parks & Recreation Commission have determined they
do not have the additional money in their budget to support the maintenance costs. Ms. DiChiro explained
the Ashland School District currently pays $90,000 for the maintenance of all of the school grounds with the
exception of Briscoe and Lincoln and they are willing to put forward this same amount to addresses this
Issue.
Comment was made that the City accrues value from the schools and they should find a way to assist in some
way from the City's budget.
Ms. DiChiro clarified the subcommittee did discuss the possibility of the Parks Department purchasing the
playground properties outright; however they could not come to an agreement on the value of the property
and there was reluctance by some of the School Board members to let go ofthis property.
Ms. Bennett commented on the issues with Ballot Measure 50 and stated because the Parks & Recreation
Department receives 100% of their income from property taxes, they will be limited by assessed value
growth and will have financial difficulty in the future. Ms. Bennett questioned whether the Council would be
open to the possibility of allocating funds to the Parks Department for the maintenance of some or all of
these grounds.
Heidi Parker/344 Bridge Street/Ashland School Board Member/Stated this discussion has been going on
for over a year and noted the joint Resolution that was adopted last November. The Resolution proclaimed
"the School Board, Parks Commission and City Council shall preserve the playgrounds and playingjields at
all the current Ashland School Districtfacilities, including Briscoe and Lincoln as open spaces... "and "...all
three elected boards will work together to coordinate funding". Ms. Parker stated these areas are City parks
and the grounds are used extensively. She stated any kind of assistance the City could offer would be a
tremendous help.
Ms. Bennett clarified staff would ask the Parks & Recreation Department as part of the budget process to
cost this out with a concept in mind that the School District will be able to contribute approximately $90,000.
She stated they would treat this as a budget package that can be submitted to Council and will ask that the
trade-offs be identified as part of this request. She added staff would bring forward as part of that proposal
any appropriate suggestions.
2. Proposed Council Operatine: Procedures
City Administrator Martha Bennett submitted to the Council "Possible Topics for inclusion in Council
Rules" and Ashland Municipal Code 2.04, Rules of the City Council. She recommended the Council
implement a similar process used for the Council discussion of City Boards, Commissions and Committees
for this issue and suggested they form a subcommittee to handle the in-depth discussion.
CITYCOUNCUSTUDYSES~ON
SEPTEMBER 14. 2006
PAGE 3 of4
Ms. Bennett reviewed the topics listed on the "Possible Topics for inclusion in Council Rules". She stated
these are the Council's rules and what goes into the rules needs to come from Council. Even thought staff has
provided a draft and given them ideas, she stated the Council needs to be comfortable with the rules.
Ms. Bennett suggested the Council Rules elaborate on the following subjects and requested direction as to
how staff should proceed.
. Setting the Agenda
. Executive Sessions
· Council Packets
· Clear and Simple Proceedings
· City Attorney as Parliamentarian
· Explain Rational for Each Vote
. Order & Decorum
· Keep Discussion Moving
. Explain Public Forum
. Recesses & Adjournments
. Council Expenses
· No Extensive Editing of Ordinances During the
Meeting
· Rules for Quasi Judicial Land Use Public
Hearings
· Study Sessions
· Requests of Staff
· Conduct with Staff
· Representing City Positions/Personal Positions
· State & Federal Lobbying
· Committees, Commissions & Boards (CCBs)
. Conduct with CCBs
· Operating Policies for CCBs
Council commented on the items suggested for inclusion in the Council Rules. Comment was made that what has
been prepared by staff was a good starting point for discussion and support was voiced for forming a subcommittee.
Councilor Hardesty voiced her concerns and stated many of the suggestions are subjective. She questioned the two-
hour rule for staff time, the necessity of the order and decorum item, and the keep discussion moving item.
In regards to the two-hour rule, Ms. Bennett clarified there needs to bea level of agreement amongst the councilors
as to how they will work with each other and with staff. She stated she has received a number of concerns and
complaints about how requests from council members are handled and stated it is important they establish some
guidelines.
Councilor Hartzell voiced her concerns with the way this Issue was approached and expressed interest 10
participating in the subcommittee.
Support was voiced by several councilors for moving forward with the subcommittee. Councilor Silbiger suggested
since half the councilors are currently involved with the CCB subcommittee, the remaining three (Councilors
Hardesty, Amarotico and Silbiger) could participate on the Council Rules subcommittee. Councilor Hartzell stated
she would prefer to work on the Council Rules subcommittee instead. Mayor Morrison voiced his support for the
subcommittee. He stated the councilors who are not on that committee could still share their concerns and ideas
with that group and monitor the progress. He commented on having trust in their colleagues and noted the Council
Rules would come back to the entire Council.
Councilor Chapman left the meeting at 6:46 p.m.
Council consensus was to form a subcommittee with Councilors Hardesty, Amarotico and Silbiger. Councilor
Hartzell voiced her opposition to this arrangement.
ADJOURNMENT
Meeting adjourned at 6:50 p.m.
Respectfully submitted,
Barbara Christensen, City Recorder
Bicycle & Pedestrian Commission
August 17th, 2006
Regular Minutes
Roll Call:
Tracy Harding, Arnold Bleicher, David Young, Chair Dylan Robbins (absent), Selene
Aitken (absent), Paul Rostykus (absent)
David Chapman
Derek Severson, Associate Planner, Steve McLennan, Police Officer
Paige West, RVTD/TDM Planner
Vacant SOU liaison: Nathan Meyerson
Council Liaison:
Staff:
RVTD liaison:
High school liaison:
Call to Order
Severson called the meeting to order at 5:25 p.rn.
Approval of Minutes - Julv 20th, 2006
The minutes of July 20th, 2006 were approved as presented. Voice vote: All A YES. Motion passed.
Public Forum
Severson noted that Ross Finney wished to reserve time to speak at public forum, but he is a bicycle commuter
coming from Medford and thought that he would be here between 6:00 and 6:30. Asked that we leave him time to
speak later in the meeting.
Don Willott, a visiting Non-Motorized Transportation Advisory Commissioner from Bainbridge Island, Washington
introduced himself and discussed the guide his Commission had prepared to present the bicycle and pedestrian
amenities of Bainbridge Island as a significant tourist amenity. He also discussed their share the road campaign,
educational efforts, and their current work to develop context sensitive solutions.
Ross Finney, a bicycle commuter, discussed his concern with the condition of the railroad crossing at Laurel and
Hersey. Severson explained that efforts were underway to upgrade this crossing, but that the railroad was unwilling
to issue the necessary permits as they hope to decommission the crossing entirely. Finney was advised to address
his concerns to the Traffic Safety Commission as well, and members asked staff to request warning signs be posted
warning cyclists of the condition of the crossing and urging caution.
Subcommittee & Liaison Reports
Severson presented an update on the budget and the installation status of the skateboard racks. He discussed
upcoming events, urging members to attend the annual presentation before the City Council on September 19th.
Harding and Young indicated that they would attend..
Meyerson discussed bicycle distribution programs through the Community Bike Program, noting that ten bikes had
been given to UNITE and Migrant HeadStart.
West noted that federal funds would soon be available to communities with Safe Routes to School plans in place,
and suggested working with the Traffic Safety Commission and the Council to develop a plan and get buy-
in/adoption in order to have access to those funds in the near future.
Chapman exited the meeting. Without a quorum present to continue the meeting, members were forced to continue
the remaining items until next month's meeting. Those present adjourned to a subcommittee meeting to discuss
preparations for the upcoming Car Free Day event.
AQenda Items for Next Month
Carry-over items from the current agenda.
2006-0817 Bike & Ped minutes
Page 1 of2
Adiournment
The meeting was adjourned at 5:50 p.rn.
Upcomina Meetinas:
5:15 P.M. Thursday, September 21st, 2006 - Regular Meeting in the Siskiyou Room
Subcommittee 8/17 Discussion of Car Free Dav
West noted that the subcommittee had met earlier today, with West, Harding, Meyerson, and members of the
Community Bike Program in attendance. Task lists were developed.
It was noted that the subcommittee had determined it would be better to limit the scope of the event to Oak Street as
had been done last year. It was explained that there would be tours in the morning this year, to avoid conflicts with
other events, and that their would be a group leaving from the Dog Park at 10:00 a.m. Saturday morning to go to the
Greenway event at Blue Heron Park in Phoenix. Dubois and Bleicher indicated willingness to help with this ride.
Event details were discussed, including the possibility of a raffle, use of bike blenders, a car-shaped pinata, music,
and presenting an "Info Shop" to provide mini-trainings on various issues.
2006-0817 Bike & Ped minutes
Page 2 of2
CITY OF
ASHLAND
Council Communication
Appointment to Forest Lands Commission
Meeting Date: fP October 3, 20~06
Department: City Recorder
Approval: Martha Benne
Primary Staff Contact: Barbara Christensen
488-5307 christeb@ashland.or.us
Estimated time: Consent Agenda
Statement:
Confirmation by Council of the Mayor's appointment of Zack Williams to the Forest Lands
Commission for a term to expire April 30, 2009.
Background:
This is a confirmation by the City Council on the Mayor's appointment for the Forest Lands
Commission on applications received.
This vacancy was not filled during the annual appointment process..
Council Options:
Approve or disapprove Mayor's appointment.
Staff Recommendation:
None
Potential Motions:
Motion to approve appointment of Zack Williams to the Forest Lands Commission for a term to
expire April 30, 2009.
Attachments:
Application received
r~'
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb@ashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additiOn...,. ~~IVE.D
necessary. R t: lJ t: .
Name Zack Williams
Requesting to serve on: Forest Lands (Commission/Committee)
Address
Occupation
257 W. Nevada Street
Land-Use Consultant Garden Designer
'.
Phone: Home 54 1.482.09a2"_~..l!.,,;:,.::lti-~,,'i~:t~;
Work 541.261.5759
Email zack@riseup.net
Fax N/A
1. Education Back2round
What schools have you attended? Ashland High School, Southern Oregon University
What degrees do you hold? None. At the moment I'm taking a break from
school.
What additional training or education have you had that would apply to this position?
Completed one year of study at the Regenerative Design Institute, a nonprofit
educational institute in Solinas, CA which focuses on ecology, permaculture, and
sustainable human systems design.
I hold a certificate of Permaculture Design.
I have studied and continue to independently study fire ecology, dendrology, forest
ecology, local environmental issues, and indigenous land-use practices.
2. Related EXDerience
What prior work experience have you had that would help you if you were appointed to
this position?
I have worked as a landscaper, but have no specific experience in the field of forestry. I
work seasonally as a wilderness guide, and have led extended trips and taught classes
on environmental issues at the Wilderness Charter School in Ashland.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Yes, I feel further training would be helpful. At the moment my experience in the
specifics of the industry and legal issues is limited, though I'm a motivated and quick
study.
~.,
3. Interests
Why are you applying for this position?
I am deeply passionate about improving the health and ecological integrity of forest
lands within the Ashland and Bear Creek Watersheds. I hope to help facilitate the
development of an economically, ecologically, and socially viable local forest industry,
while doing my best to uphold the law and the vision of the community in all decision
making.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes. Evening meetings are preferable.
5. Additional Information
How long have you lived in this community?
I 9 years
Please use the space below to summarize any additional qualifications you have for this
position
Date
Signature
rA'
Zack Williams
zack@riseup.net
541.261.5759
Objective
A position that will serve my interests in creating sustainable, regenerative human systems and allow
me to contribute in a meaningful way to my bioregion and the human and ecological systems which
belong to it.
Attributes
Amicable, motivated, and hard-working. Well organized, timely in executing tasks, and progressive. I
follow instructions well. I'm friendly, and able to work independently or in groups of various sizes.
Work Experience
o February - July 2006
Landscaper Erik Ohlsen Design Occidental, CA 707.332.8100
Permaculture garden and landscape installation. Orchard installation and maintenance, rock
work, edible and ornamental plants, irrigation systems, general landscape maintenance.
o January - July 2006
Landscaper Lazuli Art & Garden Inverness, CA 415.663.8851
Installed gardens, irrigation systems, planted trees, shrubs, pruning and general maintenance.
o July 2003 - August 2005
Line Cook/Cashier/ Cozmic Pizza Ashland, OR 541.482.0844
Delivery Driver
Made gourmet, organic pizza. Took orders. Opened and closed restaurant regularly, counted
the till.
o August 2005
Wilderness Guide Camp Latgawa Rogue River National Forest 541.826.9699
o August 2004 - Present
Wilderness Guide! Wilderness Charter School Ashland, OR 541.482.8771 x. 150
Guest Instructor
Guided high school groups into Trinity Alps, Kalmiopsis Wilderness, and Crater Lake National
Park. Mentored students on career development. Presented on peak oil and permaculture
design methodologies.
o October 2004
Diabetic Care Provider Ashland School District Ashland, OR 541.482.2811
Served as an emergency care provider for a student attending the Bioneers Conference in San
Rafael, CA.
o March - April 2004
Team Member Tararu Valley Eco-Sanctuary Coromandel State Forest
Thames, New Zealand www.tararuvalley.org
Planted and stabilized slip faces; built, repaired, and removed fences; implemented exotic
predator controls.
o Summers 2000, 2001, 2002, and November 2005
Production Worker Maranatha Natural Foods Ashland, OR 541.488.2747
Filled, packaged, and prepared orders for shipping.
Relevant Experience
o Graduate of the Regenerative Design Institute's "Regenerative Design and Nature Awareness"
12-month intensive training program. Bolinas, CA.
o Permaculture Design Certificate
o Garden/landscape installation, plant propagation and care, soil testinglbuilding/development,
drip and overhead irrigation systems, pruning/shaping, nursery management.
o Stone and tile work, masonry, walkways, patios, floors.
o Remodeling, basic construction, furniture building, fencing, arbors.
o Interior design, painting, finishing, earthen plasters and clay-based paints, specialty finishes.
o Mapping, computer and hand drafting, graphics design, and land history research.
o Currently designing multiple permaculture-based landscapes, in Ashland, OR and Bolinas, CA.
o Group facilitation, community organizing, public speaking, and mentoring youth.
o Excellent writing ability - from research papers, to articles, to prose, and poetry.
Community Involvement
o Member Jackson County Sustainability Network
o Member Siskiyou Permaculture Resources Group
o V olunteer Work Days Wilderness Charter School
o "Meals On Wheels" Southern Oregon University
Delivered food to seniors and disabled adults on afternoons after school.
o Youth Mentor "The Grove" After-School Program
Ashland, OR
Ashland. OR
Ashland, OR
Ashland, OR
Ashland, OR
Formal Education
o Attended one term in the Environmental Studies program at Southern Oregon University.
o Graduated Ashland High School Ashland, OR June 2003
Alpha Chapter National Honor Society. 3.85 GPA
CITY OF
ASHLAND
Council Communication
Fee Refund Request from Phillip Lang and Ruth Miller
Meeting Date: October 3, 2006
Department: Administration ~
Contributing Departments: Fin~nc
Approval: Martha Benne
Estimated Time: 20 minutes
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Martha Bennett
bennettm@ashland.or.us
Lee Tuneberg
tuneberl@ashland.or.us
Statement:
Mr. Phillip Lang and Ms. Ruth Miller have requested a refund of all of the fees that they paid to the
City of Ashland from Planning Action 2006-069. The total amount requested is $1,101. Mr. Lang and
Ms. Miller's correspondence is attached.
Staff Recommendation:
Staff recommends that the Council deny the refund request.
Background:
Mr. Lang and Ms. Miller applied for a variance from the City's setback requirements to allow
construction of a second story over an existing garage. The variance application was denied by the
Hearing's Board on February 14,2006 and by the City Council on May 2,2006 (with findings adopted
on May 16, 2006). Mr. Lang and Ms. Miller constructed a potion of the second story, but this enclosed
room was 20 feet from the property line and was permitted by the City.
Subsequently, Mr. Lang applied to build a 15 foot by 6 foot sunroom in the setback area (for which the
variance had been denied) on an "over the counter" Thursday on July 6, 2006. After review of the
application and the possible code interpretations of various sections of the City code, City staff issued
a permit for enclosing the sunroom, with an awning roof on August 8, 2006.
Mr. Lang and Ms. Miller are requesting a refund of all fees related to the initial variance application.
They state that their variance application and the subsequent process was unnecessary because staff
should have found this interpretation.
Staff requests that Council deny the refund. Mr. Lang and Ms. Miller applied for the variance,
received review, and went through the hearings process. Staff does not recommend that the City
refund fees once an application has gone through the process.
If Council decides that it is appropriate to refund fees to Mr. Lang and Ms. Miller, staff recommends
that Council make specific findings that this is an exceptional case and does not constitute a precedent.
For example, the Council could find that it is unusual for applicants to want to have enclosed rooms
that do not have a roof and a ceiling, and thus the code did not anticipate that this project could be
allowed without a variance. Thus, the code should be amended to be more consistent in the future to
prevent confusion about other similar applications.
rj.1
Related City Policies:
Council Options:
Council can deny the request from Mr. Lang and Ms. Miller.
Council can approve the refund, finding that this is a unique and unusual circumstance.
Attachments:
Correspondence from Mr. Lang and Ms. Miller
,.,
RUTII M. MILLER
PIIILIP C. MNG. LC&W
.5~~~J~'
758 B Street. · Ashland. Orc8on 975'20
Residence 541 · 48'2-8659
Office/Fax 541 · 48'2-5387
September. IS, 2006
To: Mayor
City Council
City Administrator
Re.: Attached Request
The attached request is not informational - it is an ACTION item.
.. ..
Action is requested at the_next C~ncil me~t~~- 10/3/06 .
Please let me know how this matter is to be handled so that I can
prepare properly, if necessary.
RUTII M. MILLER
PIIILIP C. LANG, LC~W
h:;t~-S,"",J<:- .
758 B ~treeL · Ashland, Ore8on 975'20
Residence 541 · 48'2-8659
Office!fax 541 · 48'2-5387
September l8t 2006
To: Mayor
City Council
City Administrator
Re.: PA-2006-00069
Subject: Refund Request
We are requesting a refund of our fees (variance-$832t :appeal-$269t
total: $llOl)t for the above captioned planning action.
The City Financial Officer has refused our request based on our haying
"received the service (Exhibit "A").
The "service" was not requiredt as the record shows. A chronology of
events is attached (Exhibit "B"). Whether through incompetencet
malevolencet or inadvertence (the ethical issues are still in dispute)t
staff repeatedly insisted that a variance process was required to build
a "structure" intruding 6' into the 20' setback required, under the
ordinance section defining "structure" (see the ordinance provisions
on "structure" and "story" attached as Exhibit "C").
The variance request as well as subsequent appeal to Council were denied.
However a plan submiss40n on "over-the-counter-thursday" was approved
instantly. Upon inquiry the staff justified this reversal by stating
that section 18.08.740 "story" was the applicable ordinance provision,
since our proposed structure had no roof or ceiling - it was an open
stich70rk coverture. Thus under the definition of "story" it did not
constitute a story, and for the purposes of setback, essentially did
not exist (see ordinance citations - Exhibit "CIl).
We could not only build the coverture, but also a 3-wall enclosure! An
amended plan for this was approved 8/8/06. (See Exhibit "D").
Note that the "structure" and "story" provisions occur immediately adjacent
to each other!
Refund Request to Council - 9/18/06 - p~ 2
Both the acting planning director and senior plqnner1 Rt~~h W~t.h ~~nr
years experience, failed to apply what they later ad~itteq/det~H~in~q tQ
be the appropriate ordinance sction. This caused us unnecessary cost$,
as well as an enormous expense of time, energy, project delay, ~nd
no small distress. All of this was unnecessary and not required by law,
.... ... -~..
The refund of the variance and appeal fees is justified,
Procedural Question
This can be handled as a consent agenda item like other minQr contracts
and disbursements. But if it is to be handled as a full agenda ite~, ~
will be making a detailed presentation. I will also insist upon a
right of rebuttal .s planning staff are called to "testify".
1. HILLER
t y: 1I18J r "","
CITY OF
ASHLAND
July 28, 2006
Philip Lang
758 B Street.
Ashland, Oregon 97520
Dear Mr. Lang:
Per your faxed letter dated July 1, 2006, I have spoken with the City Administrator regarding
P A 2006-00069 and the fees for the two processes (variance and appeal) totaling $1,101. .
This letter is notice of denial of your request for a refund of that amount. The fees covered the
processes that were administered and your basis of "detrimental reliance" is not accepted as a
reason for a refund.
As I told you over the telephone, if you are interested in taking up this decision with Council
please contact City Administrator Martha Bennett to schedule time on the agenda for them to
reconsider this denial.
If you have any questions you may contact me at 552-2003 or by email at
tuneberl<.Cv.ash land. or. us.
Sincerely,
d~~
Lee Tuneberg
Administrative Services & Finance Director
Cc: Martha Bennett
Michael Franell
Bill Molnar
Finance Department
DL Tuneberg, Director
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5300
Fax: 541-488-5311
TTY: 800-735-2900
r.l'
-,
RUTII M. MILLER
PlIILIP C. .LL\NG. LC8W
758 B Stred · Ashland. Ore8on 975'20
Residence 541 · 48'2-8659
Office!fax 541 · 48'2-5387
July 15, 2006
CHRONOLOGY OF PA-2006-00069/DOCUMENTAT10N
The following is a chronology of events regarding PA-2006-0069.
Where documentation is available - either in the file or the public
record, it is so indicated. Documents in our file will be provided
if requested.
Documentation?
yes
Date
7/19/05
yes
12/14/05
yes
1/12/06
yes
2/8/06
yes
2/9/06
yes
2/14/06
yes
2/14/06
Event
Meeting with Maria Harris. A preliminary meeting
at applicants' request to explore the options
and requirements. From this time forward there
were several phone conversations (undocumented)
regarding whether asking for a trellis/coverture
would make a variance unnecessary. The answer
was invariably "no". (See Hearings Bd. - 2/14/06).
Pre.-app. meeting with Maria Harris. Staff report
stated that "This is a Type I variance subject
to administrative approval".
Application filed. Materials reqd. were complete.
Historic Commission recommends denial of variance
for enclosed solarium.
Letter to Maria Harris re.: "Unintended Con-
sequences~. Part of an attempt to make the project
approvab1e w/out a variance, including the suggestion
that there be a coverture rather than an enclosed area.
Ms. Harris sent a FAX copy of the Definitions
section of the LUA relating to "Structure".
Both a coverture and an enclosed area would be
structures - thus either would require a variance.
Staff report converting Type I variance to Type II.
Reason given: "...the general level of interest in
the community in variance requests as well as the
amount of discretion required in making a decision...."
Hearings Board denies variance under Type II.
Regarding the issue of whether a coverture would
be permissab1e without a variance vs. the requested
enclosed area, John Fields, chair, stated that
Chronology/Documentation - PA-2006-0069 - p. 2
yes
(notes)
yes
yes
yes
yes
yes
yes
yes
yes
yes
no
"couldn't the applicants just move the existing
coverture?" Maria Harris replied with the same
argument that "a structure is a structure is a
structure, viz., that either would be a structure
intruding into the setback requirement and so either
would require a variance.
2/21/06 Meeting with Bill Molnar, during which he stated,
"Ygu ate not violating ordinances (in wanting to
build out 6' into setback), you are conforming to
the non-conformity of the Railroad District!"
2/26/06 Letter to Bill Molnar post-meeting re: Type I and
Type II variances, including the Zucker report
pages discussing this.
2/26/06 At "over-the-counter-thursday", a revised plan
showing an open coverture is submitted and approved
within 20 minutes and a permit issued. Next to
!'planning" appear the initials "ADA". His toric
Counnission note: "approved as submitted".
3/15/06 Picked up copy of HB Findings of 3/14/06.
3/15/06 Appeal to City Council filed.
4/19/06 Appeal Hearing at City Council - I
5//2/06 Appeal Hearfng at City Council II.
(Note: No public hearing had been noticed -
the hearing had been closed on 4/19. The City
Atty and Planning staff entered voluminous
testimony:, into the record - the public was
not allowed to speak).
Appeal denied.
5/15/06 Appeal findings promulgated.
6/9/06 Ethics violation filed against city attorney, former
assistant attorney, Molnar and Harris with Tina Gray-
HR Director.
7/6/06 jOn "over-the-counter-thursday~' an application
was filed to close in the 6' coverture. (BD-2006-
-01261).
7/11/06 Phone conversation in the P.M. following an inquiry
in the A.M. as to the status of the application.
Billy (clerk) said she couldn't find it - but would
follow-up. Caller was Amy Anderson who stated that
Chronology/Documentation - PA-2006-069 - p. 3
yes
7/14/06
our application could not be approved because
a variance was required. When asked about the
approved plan with the open coverture she admitted
that she had signed off on it because it was
approvable - whereas - enclosing the area was not.
Formal letter denying application recvd. from
Bill Molnar.
Note: At this point, the 6' solar collectbr/sunroom extenion was under
construction as an open space llith coverture, per approved plan
of 7/6/06.
yes
7/27/06
Insofar as our 6' extension was approved for
an open coverture structure under 18.08.740-
"story", an amended addition to the plan was
filed to erect 3 enclosing walls, since this
would not violate the !:!story" section of the
ordinance under which the 6' extension was
approved. This was requested on over-the-counter
thu~sda~. The application and amended plan was
accepted - but not approved - it was held for
review.
(post 7727/06) Phone conversations with }mrta Bennett, City
Administrator, who stated that the City Attorney's
opinion would be required for approval. Applicant
pointed out that: (1) the ordinance provision was
clear, (2) that in terms of staff's approval
of the, coverture, using the provision, the 3 walls
were lYso facto approvable as well, and,
(3) since the City Attorney was under charge of
ethics violation on this same application, he:
ahould not be issuing opinions on this request.
The City Administrator promised a reply by 8/4/06.
no
yes
8/8/06
yes
8/8/06
FAX to City Administrator on failure to meet
deadline commitment, and re-statement of why
the application should be approved.
P.C. from planning to pick up plan. Siened off
and approved dated 8/8/06.
Ashland OR Municipal Code
~Brr"C:
SECTION 18.08.680 Street, arterial.
A street used primarily for through traffic.
-
/"l
SECTION 18.08.690 Street, collector.
A street used to some extent for through traffic and to some extent for access to abutting properties.
SECTION 18.08.700 Street, cui de sac.
A short dead-end street terminated by a vehicle turnaround.
SECTION 18.08.710 Street, half.
A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the
street could be provided in another subdivision.
SECTION 18.08.720 Street, marginal access.
A minor street parallel and adjacent to a major arterial street providing access to abutting properties but
protected from through traffic.
SECTION 18.08.730 Street, minor.
A street intended primarily for access to abutting properties.
SECTION 18.08.740 Story.
That portion of a building included between the upper surface of any floor and the upper surface of the floor
next above, except that the top story shall be that portion of a building included between the upper surface of
the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than
six (6) feet above grade, the basement or cellar shall be considered a story.
SECTION 18.08.750 Structure or building.
That which is built or constructed; an edifice or building of any kind or any piece of work artificially built up
or composed of parts joined together in some definite manner and which requires location on, in, or above the
ground or which is attached to something having a location on, in or above the ground. Structures eighteen
(I 8) inches in height or less are exempt from the side and rear yard requirements and from half(I/2) the yard
requirements for the front yard and side yard abutting a public street. (Ord. 2380, 1986)
SECTION 18.08.760 Structural alteration.
A change to the supporting members of a structure including foundations, bearing walls or partitions, columns,
beams or girders, or the roof.
SECTION 18.08.770 Subdivide land.
To divide an area or tract ofland into four (4) or more lots within twelve (12) months.
SECTION 18.08.780 Subdivision.
An act of subdividing land or a tract of land subdivided as defined in this Section.
SECTION 18.08.790 Tract, or area of land.
A unit, or contiguous units, of land under single ownership. (Ord. 2052, 1979)
SECTION 18.08.795 Traveler's Accommodations.
Any establishment having rooms or dwellings rented or kept for rent to travelers or transients for a charge or
fee paid or to be paid for rental or use of such facilities for a period of less than thirty (30) days. (Ord. 2097
53, 1980: Ord. 2484 S I, 1988)
Page 10 of 12
~:'~'flIT'I~\m,.1f'~~;i:i;;;;';' ;'~~::"" "-'---.i- __
_.~~~-~ ~ ------ - -~ ~ - ----~----- -
f1.Rf1F&J T 'D"
~
QVTII M. MILLER
PlillIP C. LANG. LC&W
758 B ~lreel · Ashland. Oregon 975'20
Residence 541 · 48'2-8659
Office!fax 541 · 48'2-5387
July 27, 2006
RECElVEO
JUl 2 7 2006
City ot A~hlanC: .
~d 0 Office 0 County
To: Plann~ng Dept.
Re.: PA2006-00069 (or~ginal app. #)
AMENDED ADDITION TO PLAN
The subject of this amended plan is the 6 X 15 foot solar collector
addition to a previously approved and ~built library on the upper
deck of our garage located at 75S-B street - rear.
The plan for this structure as a portion of the remaining deck
covered by an open coverture/trelliswork wa~ approved on 2/26/06.
A subsequent addition was filed on 7/6/06 to close in the covered
6 X 15' area with three walls and a ceiling/roof. This was denied.
su~sequently planning opined (via ~~rtha Bennett, City Administrator)
as follows:
1. The original plan with covert~re/trelliswork was approvable
(sans variance) under Section IS. OS. 740:'
18.08.740 Story
That portion of a buiJdiDi included between the uwer surface of any floor and the qwer
surface of the floor next above. ex~t that the tOj) story shall be that portion of a buildin,
included between the ~ sUrface of the tQP floor and the ceilin, above. If the finished
floor level directly above a basement or cellar is more than six (6) feet above grade, the
basement or cellar shall be considered a story.
Since the coverture was open - there was no roof or ceiling, it did
not constitute a "story", thus not requiring a variance and making
it approvable.
This amended plan differs from thst submitted on 7/6/06 in that
while we propose to erect the same 3 walls and thus create an
enclosure - we have deleted the ceiling/roof - thus not constituting
a "story" andIil1stk~ the proposal approvable, as interpreted by staff
and supported by 18.08.740.
cc: Martha Bennett, City Administrator
/1{]
/
RUTH M. MILLER/PHILIP C. LANG
CITY OF
ASHLAND
Council Communication
Request for a Variance to Allow
Operation of a Light Plant for ODOT Night Work
Meeting Date: October 3, 2006 Primary Staff Contact: Paula Brown 552-2411 ~
Department: Public Works / Engineering E-mail: brownp@ashland.or.us/...
Contributing Departme~t . al Secondary Staff Contact: Karl Johnson 552-2414
Approval: Martha Benne E-mail: johnsonk@ashland.or.us
Estimated Time: 15 minutes
Statement:
The Oregon Department of Transportation (ODOT) has a pavement preservation project planned on
Highway 99/Siskiyou Boulevard between Walker Avenue to the 1-5 interchange. Construction is
planned for a 90 day period between April and September 2007. During this construction time frame,
for a period of eight days, ODOT will need the contractor to work at night for concrete replacement
work. The night work requires the use of generator powered light plants, which may exceed the
allowable decibel levels specified under AMC Section 9.08.170. As such, a variance to the noise
ordinance is being requested.
Staff Recommendation:
Staff recommends approval of the ODOT request for a variance to allow night operations, including
noise from a generator powered light plant, for a limited time on Siskiyou Boulevard between Walker
Avenue and the 1-5 interchange during the construction period from April to September 2007.
Background:
The attached letter from ODOT provided details on the request that the City Council grant a noise
variance for a short period of required night work during the construction project on Siskiyou
Boulevard (Highway 99) between Walker Avenue south to the 1-5 interchange at exit 11. ODOT's
night work consists of two periods of 4 nights to replace concrete sections of the highway. Flaggers
are necessary for the night operations, and as such, lighting is required for the flagger's safety. Other
than the lights and the noise from the generator to power the lighting, there is limited noise from the
concrete operations as this is required to primarily pour concrete and keep traffic from those sections.
There are currently four concrete sections identified on the drawings, one immediately south of
Mistletoe Road on the southbound lane and three other sections between Mistletoe Road and exit 11
in the north bound lanes. A map is attached to ODOT's letter.
Related City Policies:
AMC Section 9.08.170A establishes acceptable noise levels within the City limits. It states that:
9.08.170A No person shall make, assist in making continue or cause to be made any loud
disturbing or unnecessary noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, safety or peace of others.
9.08.170B The standard for judging loud, disturbing and unnecessary noises shall be that of
an average, reasonable person with ordinary sensibilities after taking into consideration
the character of the neighborhoods in which the noise is made and the noise is heard.
9.08.170C Any source of noise which exceeds the following standards is considered a public
nuisance:
G:\pub-wrks\admin\PB Council\Street_ODOT misc\CC ODOT Variance 030ct06.doc
Page I of2
r.,
1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50 - 50DBA L50 - 45 DBA
L10 - 55DBA L10 - 50 DBA
L1 - 60 DMA L 1 - 55DBA
Where:
L50 = noise level exceeded 50% of the time
L 10 = noise level exceeded 10% of the time
L 1 = noise level exceeded 1 % of the time
Under Section 9.08.170C(5) the Council is authorized to grant a variance to the Decibel Noise
Standards when it finds that strict compliance with the ordinance would cause an unusual and
unreasonable hardship to a commercial or industrial use.
Council Options:
Council may grant approval of ODOT's request for a variance to allow night operations,.including
noise from generator powered lighting, for a limited time on Siskiyou Boulevard between Walker
Avenue and the 1-5 interchange during the construction period from April to September 2007.
Council may decline to grant a variance for ODOT's night operations for this project. As such, ODOT
may delete this section of work leaving the weakened and damaged sections of Siskiyou Boulevard
unrepaired.
Potential Motions:
1. Council may move approval of ODOT's request for a variance to allow night operations, including
noise from generator powered lighting, for a limited time on Siskiyou Boulevard between Walker
Avenue and the 1-5 interchange during the construction period from April to September 2007.as
recommended by staff;
or
2. Council may move to deny ODOT's request for variance;
or
3. Council may move to grant ODOT's request for variance to the noise ordinance with other
qualifying statements.
Attachments:
ODOT's letter of September 18, 2006
G:\pub-wrks\admin\PB Council\Street_OooT misc\CC OooT Variance 030ct06.doc
Page 2 of2
~~,
Dregon
Theodore R. Kulongoski, Governor
RECEIVED
Department of Transportation
Rogue Valley Office
100 Antelope Road
White City, OR 97503-1674
(541) 774-8184
Fax: (541) 774-6349
SEP I '~' ^006
City of Ashland
FILE CODE:
September 18, 2006
Paula Brown
City of Ashland
20 E. Main Street
Ashland, OR. 97520
Dear Paula:
The Oregon Department of Transportation has a pavement preservation project on
the Rogue Valley Highway (OR99) from Walker Ave to the interchange with 1-5 at
Exit 11. The project consists of grading, drainage, paving, signing, and signal work.
The project boundary limits begin at mile point 20.91 and end at mile point 23.99.
Due to the potential concerns of the local residents with noise at night, we are
proposing to do almost all of the construction of the project during the day time
hours, with construction activity and lane closures allowed from 8AM to 7PM.
However, there is a section of reinforced concrete pavement that will need to be
repaired between the Highway intersections with Mistletoe Road and Crowson
Road. While the actual construction work will occur during the day time hours, each
lane will need to remain closed with f1aggers for up to 4 consecutive nights for each
direction of travel. Construction crews will need to dig out the existing failed
concrete slabs, repair the sub grade, prep the remaining concrete along the joints,
pour the new concrete, and allow for cure time prior to reopening the lane to traffic.
While we will not be allowing construction activities during the night time hours per
the project specifications, light plants for the safety of the f1aggers will be needed
while the night-time lane closures are in effect. I am attaching a sketch showing the
location of the concrete repair.
1 am requesting a variance to the City's noise ordinance to allow the use of light
plants for night flagging for the concrete repair portion of this project. The time frame
for the night time lane closures with no active construction will be 2 sets of 4
consecutive nights from 7PM to 8AM. The project is scheduled to go out for bids on
November 9, 2006. Before we advertise the project we would like to obtain approval
for the noise variance.
Form 734-2451 (lWrtQ829 OR 99: Walker - 15 Resurfacing (Ashland)
Page 1 of 2
~----- ----T-
I can offer the following details on the project:
1) The construction time frame in which we will need the variance is from April 1,
2007 to September 15, 2007 - within this timeframe, once the contractor starts,
they have 90 consecutive calendar days to complete all project work.
2) This construction operation will be a 5 day a week requirement, starting Monday
morning at 8 AM and ending by 7 PM on Friday.
3) This variance will be for 8 nights within the timeframe listed in #1. (4 consecutive
nights for each lane)
4) Prior to the City Council meeting, OOOT project staff will visit the effected
residences in person to share information about the project, proposed variance,
and listen to concerns.
To proceed with the project advertising and award, we will need to have this requested
approval of the noise variance by October 15th, 2006. To facilitate this time line we
would like to request that we be included on the October 3rd agenda for the city council.
We are willing to provide any additional support/representation at the city council
meeting you feel necessary to explain this necessary variance to the council. In the
unlikely event that we are unable to receive the variance from the council, we may have
to delete the necessary repair work associated with this concrete section. We
appreciate the fact that you agree that this is not the best solution for the community,
the city or the state as it leaves us with a deteriorated roadway base beneath our new
asphalt surface.
Please let me know if I can provide any more information and feel free to call me at
(541) 774-6380. Thank you for your consideration and assistance on this matter.
Sincerely,
E~artin
OOOT Project Leader
Rogue Valley Office
100 Antelope Road
White City, OR 97503
(541) 774-6380
Attachment: Sketch of repair locations
cc: Joe Thomas, OOOT Project Manager
Jason Sheadel, OOOT Roadway Designer
Nelly Salazar-Lazaro, OOOT Roadway Designer
Gary Learning, OOOT Public Relations
Bill Boyett, OOOT Public Relations
KN 10829 OR 99: Walker-15 Resurfacing (Ashland)
Page 2 of 2
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ROADWAY CONSTRUCTION
NOTICE
The Oregon Department of Transportation (ODOT) has a preservation
project on the Rogue Valley Highway (OR99) from Walker Ave. to the
interchange with 1-5 at Exit 11. Roadway repair is scheduled for next year,
2007. The period of performance for the contract is April 1 st through
September 15th.
When the contractor starts work he will have 90 consecutive days to
complete all work.
During this 90 day period there will be 8 days of daytime construction work
on the reinforced concrete section of the highway between Mistletoe and
Crowson Road: 4 days on the southbound lane and 4 days on the northbound
lane.
Construction crews will dig out the existing failed concrete, repair the sub-
grade, pour new concrete and allow cure time, prior to reopening the lane to
traffic.
Night work, during this 8 day period, will start at 7PM and end at 8AM.
Night work will assure that traffic is safely directed through the single lane
construction restriction between Mistletoe and Crowson Road. Traffic
control devices will be in place and flaggers will direct traffic in the single
open lane configuration.
ODOT has requested a noise variance from the City to allow this important
safety segment of the work to take place at night.
We will provide specific work schedule information after the contract is
awarded and ODOT receives the required project schedule from the
contractor.
If you have any questions please call:
Bill Boyett
ODOT Public Service Representative
774-6332
Joseph R. Thomas
Project Manager
774-6357
CITY OF
ASHLAND
Council Communication
Discussion of City Charter Ballot Timeline
Meeting Date: October 3,2006
Department: Administration ~
Contributing Departments: L;tfleal .
Approval: Martha Benne
Estimated Time: 20 minutes
Primary Staff Contact: Ann Seltzer "11
ann@ashland.or.us
Secondary Staff Contact: Mike Franell
franellm@ashland.or.us
Statement:
At the city council study session on July 13,2006, the council reviewed the most recent draft of the
city charter and indicated that it did not feel there was time to include the charter on the November
ballot but that it did want to keep the project moving forward.
The purpose of this communication is to consider the proposed timelines (attached) to place the revised
charter on the May ballot.
Background:
The council discussed some additional changes to the charter and City Attorney Mike Franell
requested that council submit all questions, concerns and suggestions to him. Franell will make
adjustments to the document and to bring an updated draft back to the Council.
The proposed timeline includes a meeting in October to review the draft charter based on input from
council, a separate meeting in November to discuss the water language in the charter, a meeting in
December for a public hearing or public forum, a meeting in January to review the draft ballot
language and a meeting in February to approve the final ballot language.
The county requires final ballots to be submitted ninety days in advance of the election. The proposed
time line allows for the final ballot language to be submitted to the county by March 15 for the May 15
general election.
Council Options:
. Approve the proposed timeline.
. Approve the proposed timeline with changes.
. Provide new direction to staff.
Staff Recommendation:
Approve the proposed timeline.
Attachments:
· Proposed timeline.
1
Proposed Timeline for May 2007 General Election
Charter ReviewfUpdate
October 17
Council reviews draft charter.
November 2
Council holds public hearing or public forum.
December 5
Council reviews draft based on public input.
January 16
Council reviews final draft of proposed measures.
February 6
Council approves final draft of proposed measures.
March 15
All materials due to Jackson County: Ballot Titles, Statement etc.
May 15
General Election
CITY OF
ASHLAND
Council Communication
Railroad Property Discussion
Meeting Date: October 3,2006
Department: Administration
Contributing Departments: Public w~s, Community
Development ~
Approval: Martha Benne
Estimated Time: 60 minutes .
Primary Staff Contact:
ann@ashland.or.us
Secondary Staff Contact: Bill Molnar,
molnarb@ashland.or.us, Paula Brown
brownp@ashland.or.us
Ann Seltzer tT1
Statement:
This item is brought to the council to discuss the future use ofthe railroad property. Eventually, the
property will be cleaned, sold and developed. Before that occurs, it is crucial that the city is clear in its
vision for that property and that land use code is in place that will ensure the vision is attainable.
Background:
The twenty acre parcel of land in Ashland, known as the railroad property is owned by Union Pacific
Railroad (UPRR). The property contains hazardous materials and is a part of the Department of
Environmental Quality (DEQ) Voluntary Cleanup program. The property is centrally located, adjacent
to the Railroad District and within a half mile of the downtown. The property is zoned E 1,
employment district with a residential overlay.
In June 2001 the Ashland Railroad Property Master Plan was completed. The plan details what is
intended to be an integrated land use and transportation plan for the railroad property. It includes
design guidelines that address compatibility with adjoining neighborhoods and a local street network
and design plan which specifies north/south and east/west connectors. The plan includes a number of
elements requested by citizens during a series of design charettes including: Willow Park, open spaces,
a transit center, a public plaza, bike and pedestrian paths, connections to North Mountain Ave. and to
Hersey Street) and more.
In spring of 2006, the city was notified by DEQ that UPRR intended to clean the property and that
UPRR would submit a proposed work plan for DEQ review. In July 2006, DEQ decided to not
approve Union Pacific's proposed work plan for cleanup of the property. After reviewing the 2001
Record of Decision (ROD) for site cleanup, DEQ identified three key issues that compromised the
proposed cleanup plan:
· Arsenic: the previously approved site cleanup level for arsenic contamination is too high and
must be re-evaluated;
· New information: the discovery of additional extent of site contamination in 2002 significantly
increases the volume of site excavation beyond what 2001 ROD contemplated; and
· Implementability and implementation risk~ the feasibility of using trucks to remove the
contaminated soil via truck was not addressed in DEQ's 2001 ROD. Concerns raised by local
citizens and the City indicate that this soil transport method needs further evaluation.
1
Before approving a new cleanup work plan, DEQ will require that these three issues be addressed and
that the 2001 ROD be amended to reflect changes that could arise in the final site cleanup approach.
Because DEQ considers this site to be a low-priority Voluntary Cleanup project, the schedule for this
work and any final cleanup actions will be left to the discretion ofUPRR. In August DEQ notified the
city that UPRR had postponed the cleanup indefinitely.
Suggested Discussion Points
1) What are city's goals for development on this property?
2) How well does the Ashland Railroad Property Master Plan provide for:
· Transportation connectors for cars, transit, pedestrians, bicycle
· Open space
. Storm drainage
· Commercial and employment uses
· Residential uses
3) What regulatory tools does the city have in place to ensure the long term goals can be
achieved?
4) What changes do we need to make in our code to ensure the long term goals can be achieved?
5) If that property were sold today, what could happen in terms of development?
2) Could the City buy the property as is?
Legal considerations:
· City would be liable for the cleanup identified and for cleanup of contaminants that may
be identified later during the cleanup.
Costs:
· Currently the property is assessed at $2.3 million per Jackson County tax records.
· Estimated cleanup costs $3.5 - 6 million (based on information from UPRR)
· Stafftime (project management)
Pros:
· Can directly regulate clean up within parameters ofDEQ voluntary clean-up.
· Would likely qualify for Brownfield redevelopment funds from EP A to help with
cleanup costs.
· Work directly with a developer during the cleanup.
· Recover costs at sale of property.
Cons:
· Costs (purchase, clean-up, project management)
. Liability
Other:
· Would UPRR sell the property as is?
· Would DEQ indemnify UPRR?
3) What are the council goals for the clean-up ifUPRR owns and cleans the property (which means the
city's role is limited)?
· Eliminate perceived and actual environmental threats posed by the property so that it can be
used for desired land use?
· Cleaned to residential standards? Commercial standards?
· Maintain current air quality and current groundwater quality.
2
· Remove hazardous material via rail? Remove hazardous material via truck? Other cleanup
approaches? (Encapsulating portions of the property such as roads, parking, concrete
foundations etc. reduces the amount of dirt to be removed).
. No environmental damage.
Other Considerations
I) Under current circumstances cleanup will not occur until UPRR decides to do so, presumably
only if the costs ofthe clean-up can be recovered upon sale of the property.
2) Once UPRR decides to proceed with the cleanup, DEQ will solicit public input when the ROD
is amended.
3) Other?
Council Options:
· Direct staff to review and refine existing land use code to ensure long term goals can be
achieved. (Council should identify which current community development projects can be
postponed to allow staff to focus on this project.)
. Provide new direction to staff.
Attachments:
. Memo from Bill Molnar
. Memo Air Quality Testing and Soil Testing Report
. Ashland Railroad Property Master Plan
..,
3
CITY OF
ASHLAND
Memo
DATE: October 3,2006
TO: Mayor and City Council
FROM: Bill Molnar, Acting Community Development Dept. Director
RE: Railroad Property Discussion
Background
In 2000, the City of Ashland received a grant to develop a transportation and land use plan for the area
north of A Street and south of Hersey Street, between Oak: Street and North Mountain Avenue. The
approximately 20-acres of vacant land centrally situated within the study area is commonly referred to
as the "Railroad Property". A Town Planning consulting firm, Lennertz Coyle and Associates, was hired
by the City to create the draft plan. In December 2000 and March 2001, a series of public "charrettes"
were held that included participation from residents, property owners, elected and appointed officials,
and state and local government agencies. The result of the process was the production of the draft
Railroad Property Master Plan. The primary elements of the draft plan included conceptual drawings for
various segments of the area, street and open space networks plans and the identification of
neighborhood overlays with suggested design standards and code language.
Adoption of Street Network Plan
In June 2002, the Planning Commission adopted changes to the City of Ashland Transportation Plan
with respect to required future public street and alley connections. The amendment included the
identification of future street dedications within and adjacent to the railroad property as depicted in the
draft Railroad Property Master Plan.
Existing Conditions - Today's Possibilities
The majority of vacant and under-developed land within the Railroad Property Master Plan study area is
zoned E-l, Employment. The purpose ofthe E-I district, as described in the Land Use Ordinance, is to
Department of Community Development
51 Winbum Way
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541488-5305
Fax: 541-552-2050
TTY: 800-735-2900
r,.,
provide for a variety of uses such as office, retail, or manufacturing in an aesthetic environment and
having a minimal impact on surrounding uses.
While not to the same degree as Ashland's downtown core, the Employment district permits a relatively
dense style of development. Existing zoning regulations allow building heights up to 40-feet (e.g.
approximately three-stories) with an 85 percent lot coverage allocation that includes building footprints
and other impervious surfaces. New developments rarely reach the maximum allowances provided
under the ordinance, as the number of required parking spaces often dictates the overall size, coverage
and height of buildings.
Designated Uses
Professional office space is generally the most common use found in areas throughout the city and
within the Employment zone. Mixed-use developments incorporating buildings comprised of both
commercial and residential spaces have become increasingly more common over the past decade or
more. The E-I zoning district permits residential use at 15-units per acre, as long as 65% of the ground
floor is dedicated as commercial space or 50% of the total lot area.
Recent development that has occurred along the north side of A Street, Clear Creek Drive and
Oak/Hersey Streets over the past decade has incorporated residential units throughout the upper stories
of the buildings. Given the size, design and manner of construction, rents and purchase prices associated
with these residential units are likely commensurate with the incomes of households at or significantly
above the average median family income for the area. In Staffs opinion, it is to be expected that future
development within the railroad property planning area will be similar in scale and composition (e.g.
mix if commercial and residential) to that which exist today along A Street and Clear Creek Drive.
Site Planning and Building Design
Much of the railroad property planning area is located within Ashland's Detail Site Review zone
overlay. Accordingly, projects are required to comply with an extensive list of design standards that
address the appropriate layout ofthe site, as well as critical elements of building design (i.e. sense of
entry). Additionally, buildings of 10,000 square feet or greater must meet an added set of large-scale
development standards. These include requirements for supplying public spaces, breaking up large
building masses into to elements of human scale and, in some instances, laying the groundwork for or
installing transit shelters.
Mountain Creek Corridor
Mountain Creek flows south to north along the easterly boundary of the railroad property. Existing
zoning regulations require approval of a land use permit for any development request within
approximately 10- feet from top of creek bank. This would include the construction of structures, surface
grading, the installation of streets, driveways and other impervious surfaces. Under existing approval
criteria, it is difficult for a property owner to receive a permit for development within the creek overlay
unless no other reasonable alternative exists.
Department of Community Development
51 Winburn Way
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
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Railroad Property Master Planning - Goals and Opportunities
Master planning is a means of controlling the physical, built environment of a specific area, addressing
community values, and guiding growth in desired directions. Depending on the level of detail,
neighborhood master planning efforts can involve considerable public dialogue and participation, as
well as Staff time. The end product, however, can likely include the production of a guiding planning
document that better reflects the ideals of the community. Additionally, a master plan can provide
greater development certainty for private property owners and developers, as long as applications put
forth are consistent with the plan.
Draft Ashland Railroad Property Master Plan - Implementation
The Draft Railroad Property Master Plan includes the following objectives as described in the document:
./ Establish the layout of a new employment district close to Ashland's downtown.
./ Provide a framework for a mixture of uses, including: residential, employment, retail,
civic, public plaza areas and open spaces.
./ Encourage alternative modes of transportation, including: walking, cycling and transit
use.
./ Design new buildings to be compatible with and complimentary to adjoining
neighborhoods while responsive to the rich history of the site.
./ Preserve and reinforce the natural amenities of the site.
The street system design identified in the draft Plan has been adopted as part of the City's
Transportation Plan Map (June 2002). While most other Plan objectives such as building design, land
use mix, alternative transportation and preservation of natural amenities are addressed through existing
regulatory standards, market forces will undoubtedly influence the outcomes. Codifying the Plan
objectives within the Comprehensive Plan and Land Use Ordinance is a way of providing greater
assurance that future growth in this area reflects the Community's values rather than the aspirations of
the current market.
Implementation of the Railroad Property Master Plan through formal adoption of a new neighborhood-
zoning district, including: code language, building design overlays, and public improvement standards
could accomplish the following:
./ Provide an impressive central public space that establishes the area's identity and
serves as the employment and civic center for the district.
./ Establish a wider natural area and possible public park (i.e. Willow Park) along the
Mountain Creek corridor through the use of code language and zoning incentives.
./ Mandate shared private, public and/or underground parking arrangements to allow
for pedestrian-oriented urban and neighborhood design.
./ Promote flexible building design standards that draw from the "industrial vernacular"
ofthe existing Railroad District and consist of high quality materials.
Department of Community Development
51 Winburn Way
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
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,; Insure that site planning and building design adjacent to the railroad tracks is
adaptable for accommodating a future commuter rail stop.
,; Incorporate sustainable development principles such as storm water treatment and
methods that reduce the rate of generated storm water run-off.
Summary
In 2000, a deed restriction was recorded on the remaining portion of Union Pacific Railroad property
prohibiting further development or land division until the property has been cleaned to a standard that
would permit residential use. The vast majority of vacant and under-developed land within the railroad
property planning area is under an Employment (i.e. E-l) zoning designation that permits residential use
at 15 dwelling units an acre.
Upon successful clean up, future development would be subject to design standards and zoning
regulations in place at this time. Staff would expect high quality projects comparable in nature and scale
to that which exist today (i.e. Furniture Depot, Dream Sacks, etc.). Existing design standards will insure
an attractive, pedestrian-oriented streetscape, consisting of well-designed buildings comprised of ground
floor commercial uses and residential units incorporated within upper floor levels. The construction and
extension of future public streets and alley ways is required to comply with the City's Transportation
Plan map which mimics the "New Streets Network" diagram included in the draft Ashland Railroad
Property Master Plan, intended to create a multi-modal system and intimate neighborhood form.
Adoption and implementation of the Ashland Railroad Property Master Plan would build upon the
established site planning and building design principles embedded within Ashland's existing land use
planning process. As noted earlier, however, the master plan also has the advantage of making certain
that additional public interests and values are addressed, so that future growth is guided consistent with
the community's desired direction.
Attachments:
Map - Study Area
Map - Current Zoning
Map - Adopted City Street Dedication Map
Map - Draft Railroad Property Master Plan
Department of Community Development
51 Winburn Way
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
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FACT SHEET
CURRENT USE
Much of the land is currenly vacant The lots fronting Hersey Street house primarily industrial uses. Along Oak Street
there are some retail shops. The east side of the property is used primarily for residential uses: larger lot homes to the
south and smaller lot homes to the north.
AREA:
74 acres
BOUNDARIES:
North - Hersey Street
South - Railroad Tracks and A street
West - Oak Street
East -North Mountain Avenue
TOPOGRAPHY
Mostly flat, sloping down to the north-east near the intersection of North Mountain and Hersey Streets.
DISTANCE TO DOWNTOWN
A little over 1/4 mile.
Ashland Railroad Property Master Plan . Ashland. Oregon
The Master Plan - 8
CURRENT ZONING
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Plan Area Acreage by Zone
Zone T 013] Acres VacantlPartially ,
Vacant Acres
E-] (Employment) 49.94 30.98
R-l (Sing]e-Fami]y Residential) 20.4 13.99
R-2 (Low Density Multi-Family Res.) 4 4
Total 74.34 48.97
Ashland =(ming map
In general, the E-I zone is an employment zone that allows a variety of
commercial, residential, and light industrial uses. Much of the site is
covered by a residential overlay zone that allows up to 50% residential use
on the ground floor and unlimited residential above the ground floor.
Ashland Railroad Property Master Plan . Ashland. Oregon
The Master Plan - 9
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Memo
CITY OF
ASHLAND
Date:
From:
To:
Re:
July 28, 2006
Dawn Lamb
Paula Brown
AIR QUALITY TESTING RESEARCH
Medford DEQ:
Dana at the Medford DEQ referred me to Greg Aitken, Eugene DEQ for past history ofDEQ
analysis of the Railroad Site. His is the lead project manager for DEQ on this project. She
suggested I call him for a copy of any DEQ analysis report.
John Becker, Medford DEQ Air Quality, suggested I talk with Jeff Smith out of the Portland
DEQ lab to understand the capabilities for A/Q testing programs. John also said there was no air
quality testing reported for Ashland. The valley has two monitoring sites; one in Medford by the
Rogue Valley Mall and one in Talent. Neither is used for heavy metal detection they are used
for carbon monoxide and ozone levels. No recorded testing exists for Ashland.
Eugene DEQ:
Greg was out ofthe office, but his assistant Mary Clair was able to forward a copy of the Soils
Testing Report done in 1992 by Cascade Earth Sciences (attached). She looked for a final report
summary from DEQ, but was unable to find a document that matched that description. She was
going to talk with Greg when he returned from vacation.
RVCOG:
I called RVCOG to find if they had ever assisted with any projects for Ashland where air quality
monitoring was taken. I spoke at length Matt Herman about air quality testing. He confirmed
that there are only two locations in the valley that are tested; Talent and Medford. Ashland has
no records with RVCOG.
RVCOG has developed a formula to speculate the amount of dust produced by certain types of
road and offered to run the calculations for the truck route if I supplied him with the ADT and
the length of the roads. This would be a theorized baseline. Karl Johnson looked up the ADT
and measured the length and I can forward that information to Matt if it would be a benefit.
Portland DEQ Testing Lab:
Jeff Smith runs the air quality testing lab and oversees monitoring programs for the state. I
explained our situation here in Ashland and asked for information on setting up a monitoring
program to give the City a baseline set of figures before the clean-up begins. Monitoring during
a project ofthis scope is a common practice. DEQ of Portland has had success with other similar
clean up projects within the Portland City limits and have fine tuned the requirements based on
the results of these projects.
ENGINEERING DIVISION Tel: 541/488-5347
20 E. Main Street Fax: 541/488-6006
Ashland OR 97520 TTY: 800/735-2900
www.ashland.orus
H:IRecentlAdminlCouncm10 03 06 council attachments Paula. doc
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There are options for the City to set up a monitoring program. For an accurate reading, the
monitoring should be done for several months at the same time of year the clean up is expected
to take place. The City could initiate a program through a private consultant or through DEQ.
The DEQ costs would most likely be lower. Depending on the scope, Jeff Smith felt that the
program would cost between $30,000 and $50,000. He felt because of the materials being tested
the cost may be closer to the $50,000. This would include the sampling for metals and PHs,
monitoring equipment and personnel.
He encourage the City to look for federal grants to offset the cost if we chose to pursue a
monitoring program.
DEQ Portland does have a heavy metal monitoring station at the comer of Bellmont and Grant in
Medford. It measures fine particulate (PM 2.5) and measures for arsenic and other heavy metals
and chemicals. The monitoring for this site is on an annual program for $30,000 and the data is
available if we would like to see it.
ENGINEERING DIVISION Tel: 541/488-5347
20 E. Main Street Fax: 541/488-6006
Ashland OR 97520 TTY: 800/735-2900
www.ashland.or.us
H:\RecentlAdmin\CounciI\10 03 06 council attachments Paula.doc
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Soil Testing Report For
Southern Pacific Transportation Company
Ashland Parcel 2
T39S, R1E, Sec 9, Tax Lot #14600
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LTD.
Cascade Earth Sciences. Ltd.
1133 S. Riverside #22 - Medford, Oregon 97501 - (503) 779-2280 - FAX 1503.) 773-4404
August 10, 1992
Mr. Greg Shepherd
Southern Pacific Transportation Company
Southern Pacific Building
One Market Plaza
San Francisco, California 94105
RE: RESULTS OF SOIL TESTING AT ASHLAND - PARCEL 2
A STREET, ASHLAND, OREGON. 1'398, RlE, SECTION 9, TAX LOT 14600.
Dear Mr. Shepherd:
Enclosed is Cascade Earth Sciences, Ltd. (CES) report on soil testing for petroleum
contaminated soil at the above referenced location. Please review the report at your earliest
convenience.
Thank you for the opportunity to assist you with this project. If you have any questions or
comments, please do not hesitate to contact me at our Medford office.
Sincerely,
CASCADE EARTH SCIENCES, LTD.
ussell Strader
Project Manager
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report
file (1)
921121
3O.2M
Other Offices In: Portland .A.rea
;503\ 695-5760
Albany. OR
t 503 j 926.7727
:"3 Grande. OF.
Pocateilo. :0
Sookane. WA
'5091 455-356J.
5C3'l 963.7~58
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Soil Testing Report For
Southern Pacific Transportation Company
Ashland Parcel 2
T39S, R1E, Sec 9, Tax Lot 14600
Authors and Investiaators:
Russell Strader, CPSS. Senior Soil Scientist
Anthonv M. Bruno. Geoloaist
Reviewed by:
Terry Rahe. CPSS, Principal Soil Scientist
Prepared For:
Southern Pacific Transportation Company
Southern Pacific Building
One Market Plaza
San Francisco, California 94105
Site Address:
2 Acre Bare Land TL 14600
Adjacent to and north of "A" Street
Ashland, Oregon
Prepared By:
Cascade Earth Sciences, Ltd.
1133 S. Riverside #22
Medford, Oregon 97501
(503) 779-2280
PN: 921122JAugust 10, 1992
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t '., .,_~;__,:~ soils on the Site ~ere dark black in color and judged to contain s.ignifica~t organic
1,,~!1J;<:Cf.,~:;!,hich may have contnbuted to th~ TPH measurements. Natural SOlI or~amc mat~er,
I..... ..... .'.:.i.:~.}1."..,...".';.:~.'.'.'..J.....,.~O{)d wastes or peat may cause hIgher that actual TPH results (C:olumbIa AnalytIcal
.~k\' ,IVltes;"'Laboratory Analyses For Underground Storage Tanks"). The hIghest TPH sample
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l;.'~ilr~?:~t~~~~(~er evaluated by a hydrocarbon ide~tification (HCID) analysis. The HClD concluded
I, );'o,:~.thatsample appeared t? by degraded fuel oil #2 (C8. to C38). No hydrocarbons were detected
.by the HelD method ill another sample that contamed 130 ppm TPH by the 418.1 method.
I .. This indicates that up to 130 ppm TPH may actually be natural soil organic matter. While pure
.., 'wood waste or peat may contain 2000 to 3000 ppm, soils rich in organic matter have been
I shown to contain 100 ppm or more of TPH (Colin Elliott, Ph.D Chemist, Columbia Analytical
L:!; , Services. 1992 personal communication).
I SPTCo. and Industrial Compliance Inc. (ICI) reviewed the CES report and requested that
I additional testing should be conducted to further quantify the level of contamination. The
objectives of the investigation were to 1) determine the vertical extent of petroleum
I contamination in four additional test pits and 2) quantify the petroleum contamination using
DEQ Method TPH-D. The scope of the testing was established by 10 (Appendix 7.1). This
I report summarizes the results of soil testing performed at the Site in July 1992.
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Cas~d~Earil{~i;nces Ltd. (CES) was retained by Southern Pacific Transportation Company
(&~gg);m;~~f.iJi~J992 ;0 collect soil samp~es from the above r~feren.ced. prop~rty hereafter
refettealllo~as:Z..the "Site". CES had preVIously conducted an mvestIgatlon (FIgure 1) that
c:l,~'''';'i1;<;~'l'~f('':;~if~lew:n hydrocarbons were present in the shallow soils on the Site. Soil samples
-;,'~o'-!<~:'~~'i'that investigation were analyzed for total petroleum hydrocarbon (TPH) by
. .;~:,:g(n;418.1. This method quantifies gasoline, diesel and lube oils. The TPH
3i~g";:1ijtl the samples ranged from non-detected ( < 10 ppm) up to 4,300 parts per million
:. .,. .,,}e 1)..
2.0
MEfHODS
2.1
Test Pits
Five (5) backhoe test pits were excavated approximately 20 to 30 feet from testhole TH4X
(Figure 2). TH4X was the testhole where the highest concentration of TPH had been
previously measured. Each test pit was excavated below the depth of soils that appeared
contaminated. The pits ranged from 4 to 8 feet deep.
Soil samples were collected from all test pits except #3. Test pit #3 appeared the least
contaminated. The samples were collected from areas within the pits that appeared to be most
contaminated. AIl test pits were backfilled with excavated material.
Soil samples were placed directly into glass jars with Teflon lined lids and stored on ice in a
cooler at 40C and shipped under formal Chain of Custody to BTEX Analytical Laboratory in
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Beaverton, Oregon. The samples were analyzed for total petroleum hydrocarbons (TPH) by
Oregon DEQ Method TPH-D which quantifies petroleum ranging from ClO to C40 (CAS 1991).
2.2 Trenches
Two (2) trenches were excavated through the soil/debris pile located at the northwestern comer
of the Site (Figure 2). The trenches (# 1 & #2) were excavated through the fill material into
native soils to a depth of approximately 6 to 7 feet. The trenches were inspected for debris
content then backfilled with excavated material.
3.0 RESULTS
3.1 Test Pits
Assorted debris including glass, wire, rubber, metal pipe, brick and wood was observed in all test
pits, except #3. The debris was mixed with the black silty clay soil to depths of approximately
5 feet below ground surface (bgs) (Appendix 7.2). The presence of the debris suggests the
shallow soils on the Site are fill material. The soil samples from the test pits were collected
from this shallow fill material. The sample depth ranged from 1 to 3.5 feet bgs (Table 1).
Diesel TPH was detected in the soil samples from test pits #1, #2 and #5. The concentration
of TPH as diesel fuel ranged from 27 to 470 ppm (Table 1, Appendix 7.3). The soil sample
from test pit #4 had less than 20 ppm TPH as diesel fueL
3.2 Trenches
Debris material similar to that descnbed above was encountered in the two trenches excavated
through the soil/debris mound. No obvious petroleum contamination was observed in the fill
material or native soils below the fill in the trenches. The debris fill extended to a depth of
approximately 4 feet bgs. This suggests that a fairly uniform thic~ess of fill material was placed
in the northwest comer of the Site. .
No obviously hazardous materials were observed in these trenches.
4.0 DISCUSSION AND RECOMMENDATIONS
The top 2 to 5 feet of soil in the northwest comer of the Site consists of black silty clay mixed
with a assorted debris. This material generally has an oily appearance. Soil samples collected.
from test pits in that area contained up to 470 ppm TPH-D. A sample collected from this area
of the Site during a previous investigation contained 4300 ppm TPH.
The range of TPH in the soil samples may be due to one or more reasons. First, the 418.1
method used in the earlier investigation quantifies gasoline, diesel fuels and lube oils, and may
overestimate the actual petroleum content due to naturally occurring soil organic matter. Most
soil samples analyzed by the method during the earlier investigation contained a minimum of
30 to 100 ppm TPH that may be 'background" organic matter. Samples containing TPH in
,excess of 100 ppm is considered to contain petroleum hydrocarbons
:A}so, based on the results of our soil testing and the historic use of the Site, it is likely that
~many small isolated "hot spots" occur on this corner of the Site rather than a plume from a
'single source. These localized areas of petroleum contamination may have resulted during
,'automotive disassembly (Le. crankcase oil spillage). Waste oil (>C40) is not quantified by the
:TPH-D method. Also, if waste oil is present the soils should be tested for PCBs, solvents and
TCLP metals.
:Cleanup standards for this Site would be established under OAR 340-108-030. These rules
'govern Oil and Hazardous Material Spills and Releases, and require that cleanup of oil and
,hazardous materials should achieve the lowest practicable level of contamination. That level
f shall be determined by DEQ based on the extent of the release and the risk of exposure. The
cleanup standards for petroleum underground storage tanks (USTs) are established by the
Numeric Soil Oeanup Levels for Motor Fuel and Heating Oil (OAR 340-122-305 through -360)
'., a.k.a. the "Matrix Rules". Though these rules are specifically for USTs, the cleanup standards
are often applied to non-UST sites as long as groundwater has not been impacted by the
,'release. Based on observations and analyses from this investigation it appears the petroleum
! contamination is confined to the upper 3 to 5 feet on the Site. This Site is a Level 2 site
: (Appendix 7.4) and the cleanup level would be 500 ppm. Because this site is not a UST site,
, the 500 ppm cleanup standard should be approved by DEQ prior to site cleanup.
,
'Soil containing TPH exceeding the approved cleanup standard should be remediated.
.. Considering the soil texture, depth of contamination and concentration of diesel in the soil, the
most feasible remediation option would be excavation. There appears to be "pockets" of
" contaminated soil that exceed the standards for petroleum. Therefore, it may be more difficult
;' to isolate and remediate these pockets than to excavate and treat extra soil. All excavated soil
could be bioremediated by either land farming on the adjacent railroad property or in biopiles.
. The best option would depend on the amount of space available for treatment.
5.0 LIMITATIONS
The soil investigation performed by Cascade Earth Sciences, Ltd. was performed in accordance
with generally accepted practices of the profession, undertaking similar studies at the same time
and in the same geographical area, and CES observed that degree of care and skill generally
exercised by the profession under similar circumstances and conditions. CES's observations,
findings, and opinions must not be considered as scientific certainties but rather as opinions
based on our professional judgement concerning the significance of the limited data gathered
during the course of the site assessment. No other warranty, expressed or implied is made.
Specifically, CES does not and can not represent that the' site contains no hazardous or toxic
materials, products, or other latent conditions beyond those observed by CES during its site
':.to.' -.".;,.... '"
assessment. It is conceivable that not all hazardous or toxic materials will be identified by the
inspection process due to: inaccessibility of materials, encapsulations or enclosures, complexity
of building structure and finish work or other factors.
ussell Strader, CPSS
Senior Soil Scientist
921122
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6.0 TABLES AND FIGURES
Table 1.
TPH analytical results for soil samples collected at the SPTCo.
Ashland Parcel 2, in February and July 1992.
Sample Date Sample TPH-418.1 (1) TPH-D (2)
Location Sampled Depth
(ft bgs) ( mg/kg) ( mg/kg)
MW-1 2-17-92 2-3 44
2-17-92 20-21 <10
MW-2 2-17-92 1-2 73
2-17-92 10-11 <10
lli-2 2-17-92 .8-1.2 580
lli-3 2-17-92 1.-3.3 15
lli-4X 2-17-92 1-1.5 4300
TH-4 2-17-92 1-2 860
TH-5 2-17-92 1.8-2.2 130
TH-6 2-17-92 3.2-3.5 29
TP-l 7-15-92 3.5 39
TP-2 7-15-92 1.5 27
TP-3 7-15-92 1.0
TP-4 7-15-92 2.0 <20
TP-5 7-15-92 2.0 470
(1) Quantifies recoverable gasoline, diesel, and lube oils.
(2) Quantifies ClO - C40.
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7.0 APPENDIX
7.1 Analytical Report
;,,~'--
~~
::
BTEX ANALYTICAL
Page 1 of 1
9525 SW Beaverton-HlIIsdale Bwy; Suite B * portland, OR 97005
(503)520-9209 FAX (503)626-3852
".1',- 0 "f ":Gu'}
~J.~.IJ, ~~ f~ Ia~~
ANALYTICAL REPORT
July 20t 1992
PREPARED FOR:
CONTACT:
ADDRESS:
PHONE:
FAX:
PROJECT NAME:
PROJECT NUMBER:
P.O. NUMBER:
DATE SAMPLED:
DATE RECEIVED:
DATE ANAL VZED;
MATRIX:
TPH-D
Total Petroleum Hvdrocarbon
Soil Results in mg/Kg
Sample \.0.
3200/SP P1 81
3201/8P P281
3201/SP P2 S1-DUP
3202/SP P4 S1
3203/SP P5 S1
Lower
Reporting Limit
TPH-D
39.0
27.0
23.0
<20.0
470.0
20.0
Cascade Earth Sciences, Ltd.
Tony Bruno
1133 South Riverside #22.
(503)779-2280
(503)773-4404
Southern Pacific Transportation
921121
40230
7-15-92
7-16-92
7-19-92
Soil
Spike Recovery(%)
68
71
67
64
MI
1-. w-1 'L- .
G rge L. Landen, Ph.D.
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Hatogel'\8ted Votatile$
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Aromatic Volatiles
&02/6020 8TEX
Total Petroleum HydrOGalbon$
HCID
Total petroieum Hydrocarbons
EPA418.1 D 41B.1 MOD (circlt>)
>< "X ~ -.L. Totol.P:/1ol""," Hydrocarbons
t" r - G o(D J (circle)
Polyaromalic Hydrocarbons IPAHI
8310 8100 loirele)
Total Organic Carbon
(TOC) 41519060
TClP Metals
As,Ba.Cd,Ct,Pb,Hg,Se.Ag
Metals (total o. dissolved)
List
Extractable Bas""
Ca.Na.Mg,K (circle)
Ph,Cond,CI,SO ..,po ..,F,B'
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7.2 Matrix Evaluation
SITE EVALUATION MATRIX - OAR 340-122-325 to 335
Potential Score Actual Score
1. Denth to Ground Water:
> 100 feet 1
51-100 feet 4 lO(a)
25-50 feet 7
< 25 feet 10
2. Mean Annual Precinitation:
< 20 inches 1
20.45 inches 5 1 (b)
> 45 inches 10
3. Native Soil Tvpe:
Low Permeability 1
Moderate Permeability 5 l(a)
High Permeability 10
4. Aquifer Sensitivity:
Unusable Aquifer 1
Potable Aquifer .' not used 4 7<c)
Potable Aquifer - used 7
Potable Aquifer - sole source 10
5. Potential Recentors:
1O( d)
NUMBER >3000 100 - 3000 < 100
DISTANCE
< III MILE 10 10 5
1/2 - 2 MILES 10 5 1
:> 2 MILES 5 1 1
TOTAL:
26(d)
(a) On-site observation
(b) Ashland City Directory 1986
(c) Well logs indicate an upgradient well at 1st and A Street
(d) Conservative estimate
PN: 921121
/"" $j>i"~' ~. ~.~,.
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7.3 Industrial Compliance Scope of Additional Sampling
1 .. . .;:. "'_"
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- - - -. -
r!"'l; '.'i
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- - - - -
, -"_. ~ #- -
ATTACHMENT A
Scope of AdtfrtionaJ Sampling
Industrial Compliance (Ie) has reviewed the draft Phase" Site Assessment Report' to assess
whether additional sampling at the site is warranted, and if so, to recommend sampling
locations and anatytical methods for the additional sampling. Conclusions and specific
recommendations based on this I'eview are provided below.
Based on the information presented in the report, petroleum-affected soil appears to present
in the vicinity of boring TH4X. An oily soil layer was observed in this boring from
approximately 1 to 2 feet below ground surface (bgs). Analytical results for one sample
collected from this boring indicated a total petroleum hydrocarbon {TPH} concentration of
4,300 mg/kg, based on EPA Method 418.1 analysis. Subsequent analysis of this sample by
Oregon Method TPH-HCID indicated that the hydrocarbon was a degraded diesel fuel.2
Additional subsurface soli sampling in the vicinity of boring TH4X appears to be warranted to
assess the vertical and lateral extent of the affected soil. Because large debris limited the
depth of boring TH4X, the total depth of impact is uncertain. The lateral extent of the
affected $oil is bounded to the north, east, and west by borings TH 1, TH4, and MW2;
however, these borings are approximately 40 to 60 feet from TH4X.
Ie recommends ilJJJltt'-~~I'Qt~"8tleastfour additional borings. at the ,app.!QXimatelocations
shown,on Figure f~~'The88 borings should b9;!$atectWithiji:apPro~mafeIY '20 feet 1ffrH4X,
i.iFl(t>.sbQijldibS:.edvan~ea-beyond-,the de~h of.:viSuallyaff.eted soi~. One sam pie from each
boring should be collected for analysis by Oregon Method TPH-D to assess the actual TPH
concentration, as diesel, for comparison to the Matrix Cleanup Level that is pertinent to this
site. The samples should be collected and handled in accordan~ with the requirements of
pertinent Oregon Administrative Rules.
, ~F,:QIi~l'!{ationslrbm the'initial four borings;.da'not indicate the presence of petroleum-
, ~8ffected soi!,one boring should be installed adjacent to TH4X. This boring should be
advanced beyond the visually affected soil. and a sample of the affected soil should be
collect9d for analysis by Oregon Method TPH-D. This analysis will allow comparison of the
actual TPH concentration in the soil to the Matrix Oeanup Level for the site.
1.
Ph... II EnvlfonTn#ltthl Si:tsAssesttmtH7t. ScuthMTl Pacific TrMlSpOrt.tion COmp<tflY, Ash/.nd Packttg., Parc41
2; Caseed. E8rth ~..,ces, Ltd., Mereh 3. 1992 (Draft)
2.
AnBlytical resu(b for one $emple from Doring THS indiC8ted 8 TPH coneentrstion of 130 mglkg, bued on
EPA Method 418.1 an.lyeie; however. -,yo.equant analysis by Or-oon Method TPH-HCIO did not detect
petroleum hydraoerbon.. Baaed on the.. r98ults. ~itive r..ults for analvsis of soil Hmplec by EPA Method
418.1. txG8pt at boring TH4X. probaDly indiC8te the presence of orgenie; mattar.
3.
8eo8\l.. of the pot."tial presence of debris in the ar.ected acil. hend-Buger techniqu.. may not be
epproprhrt.. Altornste samplino technial.le&. cuon 811 . power auger or;S~ -acevetian, ,houid be
eonsid.red.
~ Scop.JC;\3l134O\GFS'.I.TR
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PAGE.006
MAY 19 . 92 11: 20
FROM -- (_SRCRRMENTO
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May 1 e. 1992
Attaehment A
Scope of Addi1ional Sampling
Page_ 6
If visual- observations from the initiat" four borings indicate the presence of affected s01l,
additional borings should be installed in the approximate locations shown on Figure 1. These
borinQs should be located epproximately 30 feet from TH4X. The objective of this adQltional
S8n'lpling is to establish the lateral lImits of the affected soil.
.
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'7.4 Field, Notes
DAILY FIELD REPORT
PROJECT: ~ufhE'rVl ~l.f{- f;Ct~
LOCATION: \~ iJ ~f(ref I'ld
CONTRACTOR: VJ\~ e;r,S F'!:ct<vc-hYl
CES PERSONNEL: -r; BrvVlD
WEATHER: Svnl1 c;t, c Ie tA- r
lEAVE CES ~:70 MRNE SITE fj;<f5
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BREAKDOWN OF HOURS
INSPECTOR: ~
REVIEWED BY:
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DAILY FIELD REPORT
CES PERSONNEL:
WEATHER:
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PROJECT NO. 2//72 J
REPORT NO.
PAGE bL OF .
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PROJECT:.~uf1f'Y1A R<tie(,7";etI/1t,/Joyk./.;'o-n ()o, PROJECT NO. 9 z /I-Z-/
( j REPORT NO.
LOCATION: lA I{ ,C)freet. 7'15),!tdf
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DAILY FIELD REPORT
PROJECT: s;~v-"'~.e("V', p, -'p'-..-r. ( h Co. PROJECT NO.
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LOCATION: REPORT NO.
CONTRACTOR: - 1 II PAGE / OF
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BREAKDOWN OF HOURS INSPECTOR:
REVIEWED BY:
ASHLAND RAILROAD PRlOPERTY
MASTER PLAN
A TRA.NSPORT/\.IION /
GROW'fH MANACiEMENT PROJEC'j'
JUNE ~OO]
CLIENTS:
CITY OF ASHL\'\D
ORH30" DFPARTMEN ror TRA'\SPORTATION
Drpt\RI'vIEY/ or LAND ('1)NSERVATION & DEVEl.OPMU\T
SUBCONSUl.TANTS:
lJRBSWORKS, CODI'S
F'ARAMETRIX. ENVIRUNMFNT;\L
FFIIR& PIT1{S. TRi\\SPORTAT10\
FREGO\ESE i CALTlIORPE, tilS
(iEORC,E KRAMER.IHSTORY
LEY\EIHZ COYLE & ASSOC'lATES ...
ARCHITECTS ,I;.; TOWN PI.ANNERS ...
TABLE OF CONTENTS
PART I: THE MASTERPLAN
INTRODlJCI10N
P:\C,L <,
PROJECT OBJECTIVES AND OUTCo;vlES
PAljE ()
THE SITE..
P....CE;
PM.; I' c)
PACiE 1 (J
THE M.\STERPl!\" (IIXI; FOLDOlrn
PROJECT DIAGRAMS
DETAIL ILLUSTRATIONS ....
P;\GE I]
STREET DESIGN
CODING AND ZONING
PMil' 1'.1
PAGE 25
PART 1I: THE SlTE
SITE CONTEXT
PAGE :<(J
HISTORIC CO"TEXT
SITE ANALYSIS ..
TR"i\SPORTAnO'\ A ,\ALYSIS
PAGE 3S
PAIlI' 40
P.\CJE 43
ENVIRON\'lENTAL ANALYSIS
PAGE is
Pi\(jEic)
ZONING A'\ALY"'S
PART III: THE CHARRETTE
PROJECT OBJECTIVES
PAG[ <,3
P:\GE )<,
PAG[ (,(l
P;\(j[ (i]
PAGE (1)
PROJECT OlITCOMES
PUBLIC PROCESS
CHARRETT!: !\I,TERNATIVES
POST-CHARRETTE REVISIONS
PART IV: APPENDICES
PUI3LIC COMMEi\TS ..'
PAGE 67
PAGE 72
ENVIRONI'vIENTAL TECHNICAL MEMORAi\DUI'v1
/\CK NO'vVLEDCir:\'l r~NTS
PARTICIPATING AGENCIES
CITY OF ;\SIILAND, COM!\:Il'-.ITY DEVELOPMENT OEP\RTiVlENT
o John McLaughllll. Planlllng Director
Mana Hams, Senior Planner, Project Manager
13111 Molnar, SelllOT Planner
ODU1 OLeo Tt,r-.'l PRO(jRAM
Mark Ashby, Grant Manager
TECHNICAL ADVISORY COMMITTEE MEMBERS
Darre] Bo]dt, Chamber of Commerce
Jim Olson, City of Ashland Public Works
Jonas Rlllkis. Resident
Deborah Whltall, Resident
Dave Hard, Fire Marshall
Rich Whia]1. ReSIdent
CONSUL1ANT TEAM
LENNERTZ COYLE & ASSOCIATE:--.. LLC l RBAN DESICiN
Laurence Qamar, Principal-ill-charge
Bill Lennel1z, PnnclpaL Charrette facilitation
JeffThierfelder, Project Manager
Oliver Kuehne, DeSigner
URI3SWORKS. COllE:--.
Marcy Mclnelly
P;\RAMETRIX, ENVIRONMENTAL PL,'\NNIN(j
Rick Ma]in
Terry Belunes
FEHR AND PEERS. 'IR 1,J\;SPORTxnON
Jim Daisa
Chns Gray
GEORGE KRAMER. HISTORIAN
FRECONESE! CALTIIORPL'\SSOCI '\TES, GIS
Scott Fregonese
G]en Bo]en
Special thanks to George Kramer and Wes Vall for the use of their historic photos of trains, the roundhouse, and
sun'ounding historic bu1ldll1gs,
This project is partially funded ny a grant Irpm the Transportation and Gwwth Management (TGM) Program, a joint prognml of the Oregon Department of
Transportation ,md the Oregon DeparunCllt of Land Con~ervation and Development. This TGM grant is findnced by kderallntermodal S1II1ace TranspOl1ation
Efficiency Act and local government lunds, Thc contents of this document do not nece~s3lily reflect views and policies of thc State of Oregon,
,1shland Railmad Propert" Mas/er Plan . Ashland, Oregon
3
PART I: THE MASTERPLAN
Ashland Railmad Properlv Masler Flail . Ashlalld, Oregon
The Masler Plan - 4
INTRODLCTION
T his project is a land lIse and transportation plan for what is
commonly
referred to in the City of Ashland (City) as the "Railroad Property".
Over hal f of the undeveloped commercially-zoned acreage in the plan area
IS owned by Umon Pacific Railroad. Large portions of the property have
recently come availablc for sale and commercially ,'oned land IS in high
demand. Potions of the UnIOn Pacific property are contamlnatcd, and are
m the process of bemg cleaned-up accordll1g to a plan approved by the
Oregon Department of Environmental Quality. The plan area is centrally
located III the city limits, adjacent to Ashland's Historic Railroad District,
and Within half of a mile of the downtown.
The four malll goals of the project are:
Identify opportunities to develop the Railroad Property as a traditional
neighborhood designed to provide opportunities for walking, bicychng
and using transit
Determllle the effect of the browntield status of the Umon Pacific
Railroad property and cleanup plan on future development
Properly design a new street network as part ofAshland's
transportation system
Integrate the new development with the surrounding neighborhoods.
This report details what is II1tended to be an integrated land use and
transpOJ1ation plan for thiS new neighborhood development. The land use
component develops a neighborhood plan for the area. To nnplement this
plan, a set of design guidelines that address compatibility 'With adjoining
neighborhoods were developed The neighborhood plan focuses on
developing an area that has an identity of its own. but at the same time
links to the nearby Railroad District. The neighborhood plan is fashioned
after Ashland's North Mountain Neighborhood Zone with overlay subzones
and site planning and design standards. The transportation component
specifies future north/south and cast/west through-connections as they
relates to the overall transportation network. A local street network plan
and street design for a ne\v through-street integrates walking, bikmg.
transit, drivmg, and delivery routes. Conceptual renderings depict
streetscape improvements. commercial, civic and mixed-use areas as they
relate to the overall neighborhood concept.
The Ashland Railroad Property Master Plan is funded by the
Transportation / Growth Management (TGM) Program. The TGM
Program advocates planning that uses "Smart Development" principles.
Smart development pnnclples (right) aim to create more cohesive.
walkable, efficient development patterns. These principles were used in
the development of the Ashland Railroad Property Master Plan.
Ash/and Railmad Property Master PIIlII . Ashlalld. Oregon
The il/SlOnl Illilrolu/ r(JundhoL/se H<l5 !o(o(Cli 011
(he propcr,) ~'i1lct' (he early j 9(J() 5. hur 1\"<1_'
donolis/;ed in ,he 197U:<;
The railroad p/.n;ed (In I1npOrUlnt role in 4shi,iIId $
early developmenr as II ciry
fIVE PR1NC1PLFS OF
SMART DEVELOPMENT
J. Efficiellt lIse of land alld
energy resource~\
2. FilII utilizlltion of urbllll
services
3. Mix of uses
4. Transportatirl/1 options
5. Detailed. /lll/lIllll-Scale
design
SOll/-re" The Pnnci/)!es ofSmlln Dl?ve/opnJl!nr 4Hl
Reporl ./79, lYQ8
The Masler Plall - 5
PROJECT OBJECTIVES AND Ol:TCOMES
OBJECTIVES
The seven main design objectIves of the Ashland Railroad Property Master
Plan arc to:
Establish the layout of a new employment distnet for Ashland close to
the city center.
Incorporate a mixture of uses, includlllg resldenlial, employment.
retail, civic, recreation and open space.
Encourage alternative modes of transportatIOn. mcludl1lg: walkmg,
cycling and transit use.
Design new buildings to be compatible with and complementary to
those in adjoining neighborhoods.
Connect to the surrounding neighborhoods and integrate into the city
fabric.
Respond to and be inspired by the rich history of the site.
Reinforce the natural amenities of the sile.
OUTCOMES
The pnmary outcomes of the Ashland Railroad Propel1y Master Plan are
that:
The design of the plan incorporates locations for mdustrial,
residential, and commercJaI uses in close proximity to one another.
The extensive network of streets throughout the new district allows
many choices for traveling from one location to another, and for
connecting to surrounding areas.. In paJ1lcular. the proposed crossmg
of the railroad at 4th Avenue will allow occupants of the new distnct
easy access to the Historic Railroad Distnct and to dow'ntown Ashland.
New buildings developed on the Railroad Property will be IIlspired by
the vernacular industrial and histonc architecture of the SUITOllllding
areas.
At least one street connection on each edge of the propel1y allows the
new district to easily and seamlessly become part of Ashland's city
fabric.
The memory of the origins of Ashland are preserved by reclaiming the
foundations of the historic roundhouse buJldlllg and turnmg it into a
major civic building at the core of the development.
Scenic views of the surrounding hills and a stream on the cast side of
the property arc preserved as public amellltles for the future residents
of the area.
]n a separate process, The Depanment of Environmental QualIty
detem1ined that all land in the Railroad Propeny be cleaned up to the
highest possible residential standards, thus freeing the planning
process from considering current polluted areas as design constraints.
Ashland Railroad Propert.\' Master Plan . Ashland, Oregon
The Master Plall - 6
TIlE SITE
STUD)' AREA FACT SHEET
CURRENT USE
Much of the land is currently vacant. The lots fronting Hersey Street house primarily light industrial lIses. A long Oak
Street there are some retail shops. The east side of the property is used primarily for resIdential uses: long, rectangular
lots to the south and smaller lots to the north.
AREA:
Total: 74 acres
RaIlroad property:
80UNDARIES:
North - Hersey Street
South - RaIlroad Tracks and A street
West - Oak Street
East -North Mountain Avenue
TOPOGRAPHY
Mostly flat, slopes to the north with steeper grades towards the northeast near the intersection of North Mountain and
Hersey Streets.
DIS'TANG., TO DOWNTOWN
1/4 mile to 1/2 mile.
Ashland Railroad Proper/v A1as/er Plall . Ashlalld. Oregon
The M(LHer Plall - 7
Ash/and :onll/g mill
ry~
_J
CURRE1\T ZO)JINCi
The E-1 zone is an employment zone that allows a variety of commercIal,
residentiaL and light industrial uses. Much of the site is covered by a
residential overlay zone that allows up to 35% residential use on the
ground floor and unlimited residential above the ground floor.
Ashland Railmad Propertv Hasler 1'11111 . Ashland, Oregon
TIle M(LHer Plan - 8
(PLACEHOLDER FOR II X 17 FOLDOUT MASTER PLAN SHEET)
.1shland Railroad PrOpel11' Mmter Plall . Ashland. Oregon
The Master Plan - 9
PROJECT DI;\CiRAMS
i I), W"I,.."
... "1.----~
.. ,.. I ~_l'I.c\L?ark;
, , ---~,.-_ . , along creek
-, ~" j', I
OPEN SPACE NETWORK " /, <_~,.= _,_ ,~._,-~,c,~_~~~~:..,,}..m.. i.. I
. ' . i,' ", ., -. .,<"",., I
A system of off-street pedestnan paths, greens, plazas, streafTls and - -'" '~'.., "'c'''-''c", ...1
wetlands provide ways through the new district in addItIOn' t~ side~val~~' -'. - ~i 1"- ~_,..,' -"'c '--,
along all new and eXIsting streets. A stream along the east edge ot the RR ! :' ',, " :'1", ':1:,
property wIll be setback from top of bank at least 25 feet to any impervious
surface. A bike path along the northern edge of the RR tracks connects this ! i
wetlands to a central plaza. and an existing wetlands in the western portion
of the dIstrict
! ;
Oak Street
! I
Pnmary cast/west exten)ion
of Clear Creek Drive
4th Street
Crossing
f!
, ,
NEW STREETS NETWORK
A system of new streets prO\i1de numerous choices of routes for dnvers,
pedestnans, cyclists and future transit A primary east/west street
extension to Clear Creek Drive provides a much needed parallel route to
"A" Street connecting Oak Street and North Mountain Avenue. The exact
alignment of thIS new road through the properties fronting North
Mountain Avenue is flexible, and will require fUl1her negotiation between
the City and those individual propel1yowners. A new 4th Street crossing
of the RR provides a crucial link to the existing Railroad District. A
specific truck route is designated to provide adequate access to the area, yet
keep trucks away from the central plaza.
i ,I
Ashland Railmad Proper(v Master Plall . Ashland, Oregon
The Master Plan - 10
DETAIL ILLUSTRATIOJ\S or rI~AL \'1!\STERPLA:\
N'l
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Musto PiuJJ de/ull showing rore arca around (he rcwd pltl:a ~JJ/{! ROUlldhOl15e [1l'/(' CCllfcr
THE CORE
The new Railro<ld DIstrict IS focused on an area near the middle of the
development ne<lr the railroad crossing, This core area is enVIsioned as the
retail and civic center of the new dIstrict. Adjacent to the tracks. the core
is made up of two sets of elements: streetwall buildlllgs that define a grand
public space, and two "objcct-IIke" public buildings that are highlighted
within that space. The round public building, inspIred by the historic
roundhouse turntable. is intended to house such uses as a light rail I transit
center. a post office. or a community center The second public building
could be <l mixed-use building incorporating various ciVIC and commercial
uses. As long as these are primarily civic or public, the exact use is
flexible,
The core is connected to A Street and the Histonc Railroad District across
the tracks by a new crossing at 4th Street. ThIS crossing may make
possible a limited amount of retail development around the new public
plaza. The plaza, enclosed on three sides by buildings, would present an
open and inviting face to A Street and thus perhaps encourage the
expansion of the retail VIbrancy OCCUlTing in that area,
Ash/and Railmad Properrv Mmler Plall . A.lhland, Oregon
LV({/{lOfl oflhe lI!JOl'e dl~{(/r1 In fhl? ,11mrer PIt/II
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FOUl/dll/IOW: of{hf! J/fsoric Roundhouse
The Masler Plan - j I
THE ROLNDHOCSE
Throughout history there have been many examples of impol1ant publ1c
buildings that are round (for example, the Thomas JetTerson-deslgned
Rotunda of the University of Virginia library, the Tempietto and the
Pantheon buildings m ltaly. and the many round or partially-round
courthouses and capitals throughout the United States). The shape ensures
an "object-like" building that will be viewed from all sides. It also
coincides with the histonc foundations of the turntable used to reorient
tram engmes Il1to the roundhouse sheds. The circular shape provides a
focal pomt for the entire district. and will take on symbolic importance as a
civic blllldll1g.
!
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Df!tm/ ()fhghtrali (ram,' lJWlSlf cemcr WIl' oj the core ('/lIt hudtlmgs
A.lh/and Railmad Properll' Master I'll/II . Ashlal/d, Oregon
LOCI/IIC11/ 01 {he (JhOl'e d""t,lllm the .Hasler Plan
POTEvnAL TRAIl\ STATION
There has been much discussion
and a recent feasibillity study about
the possibility of a commuter rail
system connecting up the Rogue
Valley. In the case that commuter
rail is deemed feasible and funds
arc secured for its construction. the
civic buildings next to the tracks are
111 a prime position to hOllse the
Ashland stop on the system.
The Master l'/an - ]2
./ ~',' ,
)'J:., ~~tn,~A
,J'" ''''It;6..'
Aenal \ len lookmg East mtrJ 1"I!!wl pima (/{ 4th Street wi,h the Roundhollse (,El'IC hw/dl11fP heyond
THE EAST-WEST COLLECTOR
To provide access to the district and to relieve some city-wide
transportation Inefficlcncies, an east-west connection through the sitc was
deemed necessary. This connection was also specified in the Ashland's
TSP Incorporating thlS connection into the new district's core was seen as
a way to make retad in the area more viable as well as provide easy access
to and from the Historic Railroad District to the south of the study area,
Lormwn (1,he abtlVC Jeuu!1I1 (lir lv/aSfCl Plan
Ashland Railmad Pruper0' Mmler Plall . Ash/and, Oregon
The MosIer P/on - J 3
Ground Inel l"lt"w ofrhe It''r/lll plaza and 4rh Srrecr rllilroad (',-o:-slng
RETAIL PLAZA AND 4TH STRr":ET CROSSING
A retail plaza located dIrectly across the tracks on 4th Streets connects to
and builds on the vibrancy and retail activity along A Street. CrosslOg this
plaza provides for an inviting entrance into the new dIstrict, with wide
sidewalks, retail storefronts, office and hOllsing lIses on upper floors. and
public space that could be used for public gatherings. markets, or
recreation.
~"""'"
.~;~$~~;;~
!;.~;~:?~p
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Lorof/oll oj lhe ohm't" derail in rhe ;\fasler Plan
The 4th Street crossing allows easy access to the amenities on A Street and
provides direct access to downtown Ashland, It also allows residents
currently living in the historic Railroad DIstrict to access the future
amenities in the new district,
The 4th Street crossing, designated in Ashland's transp0l1ation plan, will
create shorter trips for employees, residents, and visitors from the new
district to other areas of Ashland. Without the 4th Street railroad track
crossing. the future district would only be accessible at the east and west
ends - at existing crossings that occur at North Mountam Avenue and Oak
Street. These crossings are nearly 3/4 of a mile apart. This would pose a
signi ficant detour for those traveling between the historic Railroad District
and the new district. In order to achieve this rail crossing, cXlstmg siding
tracks currently used for railcar storage need to be removed. Rail Tech, the
current operating company, has agreed to move their operators to Medford.
allowing for the possibility of a crossing at 4th Street.
.ishland Railroad Properl1' Masler Plan . Ashland, Oregon
The Master Plan - 14
-ll~
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sf, ........ ._ -......61' hi
A~';':~...tIr"......_
,""aster Plan acrm/ _~haHI!Ig flcuh/c :\E ,:r('(/ Illld udlflrt!nf /rtf/o)\' Pwk
NE RAILROAD PROPf:RTY AREA
This part of the plan is seen as secondary to the core. It's parameters are
somewhat tleAible. It has been designed to accommodate a variety of uses
and buddmg configurations. Design standards will be more
accommodating for this area, and uses could vary considerably - from light
industrial to office to affordable housing.
A line of buildings back up to the tracks with an alleyway in between
buildings in the blocks n0l1h of the railroad can have shared mid-block
parking courts. A shared parking alTangement could reduce overall
parking need by eliminatmg redundant spaces between adjacent buildings.
Loufl/on o(,hc Uh(fl'C d(>/(ul In thf' MlljrCr Pltln
.1shland Rwlmad Properlv Masla Plal/ . Ashland, Oregon
The Mosler Plan. 15
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.1shland RaIimad Prupertl' Ala.lter Pia II . Ashland. Oregon
LUrl/llOn of ,he ab!1\'c ,lewd [1/ (ht> "'-!usto Pllln
WILLOW PARK
An existing drainage channel runs
northward along the eastern edge
of the Rail Road Propel1y. The
channel is surrounded by mature
willow trees, offering an attractive
natural habitat for which many
citizens expressed great
appreciation.
Preservation and enhancement of
this impOJ1ant natura] environment
is proposed through the
establishment ofa dedicated public
park. New public streets would
edge the west and east sidcs of the
park, with buildings facing across
the street to the park.
One street crossing of the channel
is proposed. This street is a
critical element in 11he overall street
CIrculation plan. and IS called for
in the City TSP. The bridging of
the drainage should be
accomplished in a manner that is
sensitive' to the natura]
characteristics of the channel. An
additional pedestrian crossing is
envisioned to allow residents living
in the northeast corner of the site
to easily access the core area.
lv!wu:r Plan Je/(ul 5howing ~~llIoH' Ptlrl.. and
Ill~/((Cent commerClIiJ and resu)entllll dl.!l'elormcnr
The Master Plan - 16
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RESIDENTIAL AREA AND STREET i\EW CON'\II~CTIO'\lS
,HI/Sler Plan dC/fill sho\l!lIlg rcdt.'J,t?/t'ped rcsldcnnul
tlre,110 the Eas, tllIll tllllt/rem WIllow Park
While the current large lot residential uses on the East side of the study
may continue for some time, the plan envisions new street connections to
N0l1h Mountain Avenue, Along these streets, new, higher-density
residential development could be accommodated, In addition. the plan
allows for a small amount of retail use on the corners of the main east-west
connecting street where it joins N0l1h Mountain Avenue, This would allow
a corner market or neighborhood service to locate here, providing an
amenity in walking distance of nearby residences and businesses,
Loct/lion olthe IIhovc lI[lfl// in ,he Muslo Plan
,1shland Railroad Propertv MiL~ter Plan . Ashland, Oregon
The Master Plan - 17
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OAK STREET AND CLEAR CREEK DRIVE AREA
The further development of a storefront retali street on Oak Street between
Hersey Street and the railroad tracks IS proposed to serve the new and
existing neighborhoods north of the tracks, While some retail development
is likely in the center of the New RR District at the 4th Street crossing, the
location on Oak Street will likely have a stronger potenlial due to the
higher traffic volumes expected here, Oak Street has the best opportunity
to provide frequent and convenient pass.by traffic needed for storefront
retail needs, New developments currently in the design and approvals
process along Clear Creek Dnve wlil be built on preVIOusly subdivided
railroad property, Clear Creek DrIve IS the gateway for the western edge of
the new district, and retail would bc a highly desirable use in such a
location, Existing commercIal uses, sllch as the lumber yard, are
encouraged in this area,
.1shland Ral/road Properll' Mmler 1'/1111 . Ash/alld, Oregon
A/OSIer Plan ,ktui/ shmvl!Ig Ook SrrcC! r('[(ul (Ired
L(i{'llfIOJ/ 01 rhl! (lhm'l! d"'f,ll/ in ,he .\!usrcr Plan
The MOSIer 1'/011 - J 8
STREET DESKiN
c
areful study was undertaken to understand the transportalion
implicatIOns of new development on a regional and local seale.
These lessons II1formed the suggested street network incorporated into the
Master Plan, and helped mitigate any negative Impacts orthe eXisting
development.
RegIOnal TrllJI.~fJUnarHlII Diugr(JnI
The cirri€" jill/STrafeS (/ ],'4 mile radius. or jll'e-minufe \mlkfmm (he (enler oJ rhe ncighhorhootl
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RegIOnal SlrCC! ,VerH'ork Diagram
.ish/and Railroad Properlv Masler Plan . Ash/and, Oregon
REGIONAL CONTEXT
The new cast/west street
designated in the TSP through the
property will function as a new
parallel route to Hersey, A, B, C,
and East Main Streets, thus
potentially relievll1g some traffic
from those streets. While It is not
intended to be a major street, it
will provide eastiwest circulation
for the future occupants of the new
district. The 4th Street crossing of
the rail tracks """ill also provide
another way out of the existing RR
DIstrict for large trLlcks and other
vehicles heading north.
STREET CONNECTIVITY
This diagram shows the new street
network connected mto the
existing street pattern of Ashland
and the distance to the center of
town at East Main Street and the
Plaza. The spacing of streets and
sizes of blocks are similar in scale
to the pattem of historic street
networks found in the RR District
and the Downtown.
Tlte Mas/er Plan. /9
i\ETWORK OF STRH;TS
The proposed street system responds to the following stated goal
To connect the new RR Distnet into the sun'oundlng neighborhoods and districts,
To the City's TSP designation of a direct through street from Oak Street to North Mountalll Boulevard,
Blocks sizes that are small enough to allow convenient pedestrian circulation.
Block sizes that are large enough to accommodate the Intended land uses.
Four street types have been used from the Ashland Street Standards.. They are:
1. Residenllal Neighborhood Street A limited application for the infill of new residential streets at the
east end of the study area.
2. Commercial Neighborhood Collector.. The primary cast/west 'spine' connecting Oak Street through
Clear Creek Drive to North Mountain is Intended for a cel1ain amount of commercial activity.
However the central portion betw.een the 411. street crossing and the proposed eastelll park IS
designated as the Commercial Neighborhood Collector where there would be the greatest potential for
store front mam street retail.
3. Avenue Truck Route - A speCific truck route IS designated through the new district that is
intended to eliminate large truck movement III the central storefront area. Since this liS primarily a
light industrial and business district, truck delivery would be expected. But it was
generally felt that there would be smaller deliver trucks, not large semi-trucks.
4 Alley This is the smallest of the street types and is a publiC right of way
~y Strei't
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LEGEND
U:'.$ 1 NeighbCJIh::><(:<1 CO"i'~I.
CommerCial
2 Ne,gJb:lftlDotl CaIlBGlbr,
C.cmrrJ'(:rc:~!
~
... :3 t'MhghOOfhood Street,
ReSlOtmtial
_ 6 Nelghbc.[oo()(:l SlJeH
Comrnerelal
4 AJle,
~ 5 tMighoorhood Co1l~d.,r.
Com m.. rCJil I
Street Designation Diagram
Ash.lana ,R.a'{roiJd PrOPflrtyMilster Plan
.ish/and Railroad Proper/v Masler P/Wl . Ash/and, Oregon
The Mas/er Plan - }()
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B'.{}" 5'.a' iJ-tJ" 20'-1)" B'-O' 6'.0' 6'.0'
"Nalk Tree Park,ng T ra.'e/ ParkirtQ Tree Walk
,^~ll ~
54'-0"
ROW
"JEIGt-BORHOOO COLLECTOR, COMMERCIAL
(Psr~Jr,g 50th S>de&)
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8'-0"
Parking
20'..{)"
8'-0" 7"-0' 6'-0"
Parr-mg 'Nalk
Planting
Strip
'l/'Valk
Travel
Planting
Strip
B2'-{.Y<
R O'iV
2 NEK3H80RHOOD CC\.LECr.;;m, COMMERCIAl
I PMkong Bolh S Idl':$ i
A,lhland Railroad Properl\' Maslcr Plall . Ashland, Oregon
The Mosler Plan - :! 1
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Walk PIi3ntl\'1'~ Parking ;)ueuing I Travel Parjo;jng Planting WalK
Strip Smp
52'-0"
RO'W
3 NEIGHBCRHCOD STRE:::T RESIDf'H1AL
IParlung Both Side$f
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path in
railroad
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Pr.vate
Prop
Travel
PUBLIC
RO:W,
4 ALLEY
Ash/alld Railroad Proper/v Master Plall . Ashlalld Oregoll
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24'-0"
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5 NEIGHBORHOOD COLLECTOR. COMMERCIAL
(No Parking. Railroad Crossing)
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(~8 -v..... rrom North)
.1.1h/alld !?Ollmad Propertl. Mmler Plall . Ashland, Oregon
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The Masler Plan - :33
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TIll' proposed rui/1"(lod l'roS5/ng (If 4th Street shuws rhe lIi'l't'smn: pavemCl/t markll/gs. \JRJ/(ll etluipment und
road,' sidewalk alignment
A primal)" [rue;' rouTe provides funited tlrcess of large trucks wI,hin rllt> (listriC!
.1shland Railroad Properly MIL,ler Plan . Ashllind, Oregon
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RAILROAD CROSSING
The pavement markings include
horizontal stripes and a railroad
symbol on the pavement (RR
symbol). These markings indicate
to drivers that they are
approachmg a railroad erossmg.
These markings must begin at least
100' from the crossing. A reqUired
warnmg sign is placed 100' from
the crossing to provide early
warning. A required safety gate IS
placed approximately 12' from the
railroad tracks to protect vehicles.
The nonh segment of the road
includes the delineation of the
parking spaces. The parking
spaces adjacent to the south travel
lane are 8' wide. No parking IS
indicatcd adjacent to the nonh-
bound travel lane.
TRUCK ROUTE
A primary truck route facilItates
access to large trucks within the
district. The limited route is
intended to eliminate the noise and
safety concerns associated with
large semi-trucks in pedestrian-
oriented areas. ThiS Iim ited truck
network connects to "A" Street,
Oak Street, Hersey Street. and
North Mountain, allowing access
from all directions. Truck route
signs will guide trucks away from
the residential streets to the n011h
east of the RR property and the
streets surrounding the
Roundhouse Plaza. This will help
to maintain a very high quality
pedestrian environment in the core
of the district and in adjacent
The Master Plan - :!4
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housing si~es ~nd ,coSts -Jricl~diri~~bot1i f6:~~si\~ ~d:rentllL ," i' '
products., Les$ exp~iv~Jlol1sing will 'be" fut~Spe..se<l' with mOl:e,'.. . '.
eXpe~sive ho~sin~ optlorui{;This ~eW~,~eigbt,Orhdud ise.uvisioued': -',
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abound - choices, about' wh~~ ~6W~rk;ih~~~~nd:b()W ~O,'trip.Je ". . . .'
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flOOf'~~ac~.~n~io~?~~tS,o;'~~~d~~" '.'~t "ov~3'::" ':;:':,A,:..:
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'dweU~g~a;:-6<)~~?t :~!~~.Or-~ " ,I, " 'i~,:~a~~~~ ,~:' >,' ,;:;
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.. 'Wh~~ kind ~fneighti9~O()d will This'1)~?;3tr~1t(1~k. f~lani..
, functipndiffe~ntly tha~l ~ typical c9tit~ki~l,,'~<or;~e~1d~ntial
'. . subdivision. Most reS:ideri~~lIjJses wiifQecuP~:the se~olid ~d: '
third levels Qfbulldingsabovereta,i1t Qffice~~nd light inmlStnal "
uses on the gr9und tloor.., In 'liinitf)~i ~reas.,'t~4~nti..l'uses may,:
oc~~py the lowestley~ls ~f,buildings/ ::~:~;;::';ii < . .'. ',' "",
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,ish/and RGllmad Properzl' All1Sler I'lan . Ashland, Oregon
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The Masler Plan - 35
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,'i'<'A,UNlQUECHARACJ'ER > "....:,.:, .':' :.'
,: ;<{;tb~te: is no predetermined style reqttired for buildings ill thi$ ., <, ";
'.:~~isiri#t~lnsteM; it is e~pected tb~t, buj)dmgs\~?1I 4rawftom:jt~ ,
;Jin~~stnal vernacular" of existing builclings in the ~~iiroad ';~~ '\,>
,":Di~ct. ~es,e buildings tend to be made from spare~una:d~e,d "
, 's!ol)~orCOricrete. often with metal roorsand siding: Ther take: ,,'
: ,gUnp{e; functional shapes that relate to their use,lt is I1ope~hha~;
, :<ne'Wh~idings in the district will aI~odra\vinspjtatiOri<<fr0t6 the',
:~'~'bi~~~'rai1road stnictufeStbat exiSt~nd 6~ve ~isted ~'~~?::;;;~\,:.
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< '., 'gfi;ompatibiliti' tti~: fl>uiidjh~'typ~. >,cBtiiitif
~{~~,<~~.~Y:tbeirb~skgeo~~:~iz~)'~<i;,r~)ilti26rc ~ ',;:': " :
~:~:'f,str,~ ';rl:ie fim,dainental building types of the: e~i$ting ,:t.>ad ,t' : '
ir~~rDiitriCt kv~ h~n sunlmluize(i in the foll~Wi~gpite~:~'Th~~i,f~:-'
.' ,i~,tti~;;~~sis of district guidelines 'for:fu.tut;e b~Idfugs,': "-:' ~. >)<.,' " .
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,1shland Raliroad Pre'perlv .\Imler Plall . .hhlalld, Oregon
The Masler Plan - :!6
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The Box Building, often found In
downtowns and mains streets, creates
a strong street wall enclosure by
aligning along the back of the
sidewalk with little, or no-setback
from the right-of-way. They are often
attached to other adjacent buildings
as in row houses. They often have
flat roofs or parapets facing the street,
which gives them their distinctly
urban character. Their urban street-
wall character is what make the box
building so appropriate to the
commercial uses in the center of this
new district.
Eramples a/the "ho.\ building"
.1shland Rw!mad Properly A!mler P!Wl . Ashlalld. Oregon
The MosIer PlolI - }7
Masonry, concrete or stone
bearing wall (or veneer)
Punched deep openings for
wll1dows and doors
Street facing facade often
higher than building behind
Building behind is often a
shed
Appears to be multistory, even
when it's not
Also commonly know as the
"'Western storefront", applying a
Street Wall facade to a building IS
a relatively easy way to give a
modest box, or shed building a
greater sense of scale and
importance to the public realm of
the street. The street \Va II facade
can be simple, or dressed up. Like
the Box Building, it aligns with its
neighbors along the nght-of-way.
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E\{Iml)le~ o{the 'srn!t!flHt/f"'
.1shland Raliroad Proper!v Mmfer Plall . Ash/and, Uregon The A1asfer Plall _ :!8
"Industrial vernacular"
Use ofmctal roofs and sIding
Unusual roof shapes
Unadorned stonc
Uscs: warehouses. flcxlble
employment!office space, loft
housing
Wood or steel frame construction.
long open structural spans
"Curtam wall" exterior
sheathing
Is one story. but appears to be two
The Shed Buildlllg is typically a long
span structure used for industrial or
agricultural purposes. It is less
"urban" than the typical retail
building types, but can be easily made
more inViting to pedestrIans by
incorporatlllg suffiCIent doors and
windows into the street facade. Its
pure geometric roof shapes, such as
vaults, gables, and sheds, give variety
of building fornls to a district. It is
often unad0111ed, but gains it
character from the 'raw materIals' of
unpainted metal, or wood.
Ash/and Railroad Properl.\' Master Plan . Ashland, Oregon
Ewmples cifthc .'shed huildUlg"
The Master Plan - 19
STOREFRONT BUILDING
The storefront is a window and
door unit set into a wood-, steel- or
masonry-framed opening. Located
at the ground level of buildings,
storefronts are designed to invite
customers into the retail
establishment within, and for
displaying goods. Historic
storefronts have a typical bay
structure of about] :' to 20 feet
wide, clerestory windows (the row
of windows over the main display
window), and a floor-to-ceiling
height of about ] 5 feet. The
Storerront can be applied to any of
the building types in these
guideline to transform a ground
floor space into a retail
establishment.
Ash/and Hai/mad Properlv MlLSler P/lllI . Ashland, Oregon
E\lIn/ple5 of (Ill' 5/orrjronr
The MosIer Plan - 30
OBJECT BUILDING
The Rai/row} Erhihit building jj, (l hlS(OrIr example vf (Ill oh)/?/ huilding near [he doigl/(lred site
Adjacent to the tracks, the core IS made up of two sets of elements:
streetwall buildings that define a grand public space, and two object-like
public buddings that "float" withm it. The round public buildll1g, inspired
by the histonc roundhouse turn-table, IS Intended to house such uses as a
light rail! transit center, a post office, or a commulllty center. The second
public budding could be a mixed-use building incorporating various civIc
and commercial uses.
OBJECT BUILDING CHARACTERISTICS
Pvssihle dt!sig.n/,or one o{lhe olyeCf buildings
Pavilion type structure,
nondirectional-
desIgned to be Viewed or
accessed from any Side.
Building forms round,
square or a combination
of the two.
Use of decorative spatial
and structural elements
encouraged:eolumns,
brackets and arcades, for
example.
Use of color encouraged.
Unique roof forms,
possibly domed or
pyramidal shapes.
Land uses. civic,
institutional.
Framed by streetwall
buildings.
.1shland Railmad Properlv Almta Plall . Ashland, Oregon
Example of of~ie('( Inn/ding Tt'mfJictlo ROn/e
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Stockhn!m library (pIon find elevl/lion abol'(>)
The Master Plan - 3/
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CODE PROPOSAL - REQUIRED EMPLOYME"iT ZONE,
In these designated areas residential uses shall be prohibited at the ground level. Exceptions being considered are
affordable housing and/or live-work units with defined employment uses and a storefront character at ground leveL
Increasing allowed residential denSity IS among other Issues to be explored fUl1her.
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CODE PROPOSAL - REQUIRED STREETWALL
In these designated areas, there shall be a 0' setback from the streetwalllme and a 24' minimum streetwall height. (40'
is the maximum building height as per E-] zoning; up to S5' allO\\'ed with conditional use).
Ash/and Railroad Properlv MlL~ter Plan . Ash/lind, Oregon
The Master Plan - 32
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Only pennit Object Buildings in the 'Island' between the rail road crossmg and the Roundhouse. The Object
Buildmgs are to be viewed from all sides, as opposed to other building types which have dIstinct fonmil fronts and
service backs. ThIs locdtlon IS ideal for civIC and commul1lty uses since they stand in contrast to the surroundmg Street
Wall Buildlllgs.
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CODE PROPOSAL - REQUIRED STOREFROJ\T CHARACTER
Establish storefront character in certam areas by expanding the application of the City's Detail Site Review
provision LL-C-2, (which requires that 20% of wall area face the street with display, areas, windows or doorways) to
two Oak Street and North Mountain commercial areas, in addition to Roundhouse Square.
.1.\hland Railroad Proper!.\' Master Plan . ,Jshland, Oregon
The Mastel Plan - 33
~ . ,
'. SUNTh.1ARY Ol~ PROPOSAL
~{4AND USI3 .;, ,,--':', , ,;,
;!O: ' Maintain existing zoning #Sj~,nlltions. ' with> '
" ': additional plan overlay~ lind/building deSign
" ," ,guidelines, , ' , ': ' . .
.'> :~Mafutain eXisting DetailSiie:Review.Suiiida~ds., ,
'. Establish an enipl()yme~t,.etripha~is m certain areas. In "
tbese deSignated ar~/iesidential USes sban be .:
..~ ',I; prohibited'at thegr~litidie~e1. see Cck;eiTopo;al,:':
~I11:~&~~~;::j
<Y,-:\'::;~!, Increasmg ano~,e~, , ,'4 . !sam(),l)~ ?theJ:, ; <
\<'~~;{'~~:~~~es to ~~~~r,~~rc;~':~,<.J,< ( <::::? ' '
~ ~ ,BUILDlNGDESION..^' ",' ',< 0 " . /. .".< . . d',
:' ~:'fgOljl()fthis. code pivPQsd/ 1$:/6 cre'at(i1tery'/ittle'l1eW <'
o -,. ~ ~.._' " " _ ;. '_ '. . :' ;. . . + N
,.', bttilaing design i'egUlatiO~~n1.v l1'hatis necessary to guide
critical aspects qf building q1ll1 piihUc. rita/m design. Goals I?f
, 'iui:h regulation irzclude: '. .
'. · Guide placement ofbuildin~to MsUre the end6sure .
. ,_, _' ,0 '.- _., , ., ~
::Utiddefinition ofthe.ppbJjc reatm:i~the areas'shown ,
.: orl tl)e Plan. COdf!Pi'opo~al'lor Requinuf Sh:eetwall,.
,hi thesedesigriai~d area~ the.re sl1aHbe aO' setoacl\ ",
. 0, - '. 0 . ,~"io,' ,;_' l' ,.._ ., , ' ' , '
... ". from sfreetwaU line; arid a 24' millimrimstreetwall' .
, . " ... height (40'i8 the~~iDi;m'bUil~~ghcl~ht as p~ E-l
., .....';. zoning; tip toSS" alioj,ve<f)vith'conditiona) use),c;
',' '.' ,'~~'. ~tievelop speCial ~~~diPOlts'~f~r'a,I1~}Wllg 1l1lin'creise'
.: l~tto 5S, hej~ht lilUl..arl~nw'i~~~a:c~nd~ti~~al Use" ...'
,: -k-..<:. , . ".' ;. '.,-.. ;:,:,. lo/~~.N <- ( .'(. 4':t~..' > '.,J':.->,
;"..~<,: ': ,'. peimit. . ~$f!ljgbr~e~co~~tioll tfu,li;'
i'l~,~;t,Lijf~et..,w~d;,o' . ,,; .':'8~~~~;,~~::e!mmp~~f~t .:' ...... "
~ ":i",F..~,ES!ti1bbsh storefr()nt:.ch~er.-!U Ctlrtaln areas ,all': " .
';~~~1~~PI1a:f~~;:.,' .....
W1Ii~;'{R~ieW'PtO'VlSib~t;'t:c. ".,.. 1:20%:: ;;),.
~:f:~I'.~~,..:~;~~~it~..:........ .
:{ '~!~.TE~sure, that, hjgbq~a)iti 9~ta~,~;~~~ri:a(s' 1i~ rtse<t: '. ~..
~~Htf;r . . ';'~iri~:Yt~:',{.l'''''',
A.\hland Railroad Properlv Mmler Plan . Ashland, Oregon
The Master Plan - 34
PART II: THE SITE
Ash/and Railmad Properrv Mmler Plall . Ashlalld, Uregon
The Sire - 35
SITE CONTEXT
A prllIOr,tlnJe neli' 0/ ..he surrounding Jo(}(hrlls
lookiJ/f!, ,/(T(J~S the Rai/roud PropcI"f)
The 74 acre study area is bounded by the railroad tracks to the south,
Hersey Street to the nOl1h, Oak Street to the west, and North
Mountam Avenue to the east.
Most of the study area is zoned for light Industry and commercial
development, and allows residentIal components as part of mixed-use
developments. The northeast comer of the study area is zoned for single-
famIly and multifamily residential development.
Data from the adopted Buildable Lands lnventory in September. 1999
show 49 acres of vacant/partially vacant land m the plan area. Union
Pacdic Railroad owns a 15 acre parcel along the railroad right-of-way at
the core of the study area. Ulllon Pacific IS offerIng the property for sale,
and has sold the northwest corner of the plan area to a private party.
Portions of the property are contaminated, and Union Paci fic has worked
with the Department of Environmental Quality to develop a cleanup plan.
SOUTh l'/('H Jrom sIte up .Jrh 41'el1u('
The study area is an important site w Ithm the greater Ashland context for
several reasons. It is one of the largest tracts of vacant commercial land
within the city limits. Because of the proximity to the railroad right-of-
way, the land has been targeted for Industrial development since the 1960s.
This area is adjacent to Ashland's Hlstonc Railroad District, which
recently obtained National Historic Register status. The Railroad District
is one of the most pedestrian-friendly areas m town because it has a grid
street network of pedestrian-scaled blocks; traditIonal streets with
sidewalks, planting strips, and on-street parklllg; interesting architecture;
and mIxed-uses. A varIety of retail, office, light industrial, and residential
uses are located on Fourth, First, Pioneer, Oak and A Streets.
"A" Street is parallel to and south of the railroad right-of-way. "A" Street
is nicknamed "Silicon A lIey" because of the varIety of computer software
offices located on it. The City has launched a new high-speed tiber
network and expects to see the demand for commercially-zoned land for
computer-related businesses increase. Due to the area's close proximity to
the Historic Railroad District, general locale in the center of the city, and
high demand for commercially zoned land that provides for a variety of
uses (office, retail, light manufacturing), heavy industrial uses are not
.1sh/and Rwlmad Proper/v Mas/er Plan . Ashland, Oregon
The Si/e - 36
VieH/ (If railroad [r/lcks ([l1d proposed pub1i(' markeT looking caST
pennitted here. As a result, the area was rezoned from industnal zoning to
Employment (E-I) in July 1999.
The northwest corner of the plan area was recently sold by Union Pacific
Railroad and partitioned. In working on the applicatIon. the need for a
comprehensive land use and transportation plan for the area became clear.
The plan area is also an important location in terms of Ashland's
transp011ation system. A new street connection running cast-west fi.om
North Mountain Avenue to Oak Street has long been shown on the
Ashland's Street Dedication Map. North Mountain Avenue, Hersey Street,
and Oak Street are all major collectors which provide major north-south
and east-west routes through Ashland. A new street through the plan area
would especially benefit pedestrians and bicyclists by offenng them a direct
connection and a relatively flat route. In addition, a crossing of the
railroad at 4th Avenue, also a part of the Ashland's long-range
transportation plan, is a major objective to help connect the new
development with the existing historic Railroad District neighborhood.
Providing pedestrian accessibility to transit is an important part of the
transportation strategy. Currently. the area is approx Ilnately one third of a
mile from an existing bus route. Given the location between three major
collectors (North Mountain Avenue, Hersey Street and Oak Street)" there is
potential for future transit routes. Linked opportunitics between transit
and commuter rail also exist.
Ash/and Razlmad Propert1' Master Plall . Ashlalld, Oregon
Eusnng huilrlings along A Street allow glimpses of
lhe hills. beyond.
^,'Cl,.\.. husiJ/csst?s along 4 So "eel helVe lrfllls!onned il
il1fo fI 1'lhr(/1I/ (lrca
Recent hui/r/ings have ltlken architeclUral ClIes.
jrom sWToun,lil/g hlslorir (llId Indus/rial hlliMmgs
711e nWllr old!?r industria! htrihhngs in the area
The Site - 37
HISTORIC C:01\TEXT
,~.'_' ,u<<,-~',-"",-=,'..'~'~'
p(Jsst>nger_~Jrom throughout Ash/and r01J\'erged on the Irain Sfmion when trains arr;'>t?d
Ashland's Railroad Addition was developed in the early 1880s in
anticipation of the arnval of the rails as they pushed south from Grants
Pass. The first train pulled into the new Ashland station in April 1 SS4 and
three years later, following completion of the line north over the SiskiYOU
Mountains. CalifornIa and the Pacific Northwest were joined by rail with
the driVing a golden spike in Ashland on December 17th, 1887. A t that
time the Railroad dlstnct, already a significant focus of Ashland's
economy, became the community's "front door." as every passengcr and
freight tram entenng or Icavmg Oregon stopped here to meet "helper
engines," pIck up wood, water, and other supplies for the trek over the
mountains. Exhausted travelers reqUIred a place to stretch and so a huge
three-story "Depot Hotel," rose gardens, and an exhibit building
showcasing local products were budt facing A Street. For its own use. the
Southern Pacific buIlt a huge brick roundhouse, turntable, water tanks and
other train serv Ices north of tracks.
The Railroad District soon grew into a semiautonomous town-within-a-
town in Ashland. Governed by "train time," a small business district
developed around the Intersection of 4th and A streets. with taverns,
restaurants, hotels, tailors and barbers all providing services to travelers.
Soon markets and hardware stores. focused upon the large residential
eommunny south of A Street (peopled mostly by railroad employees),
developed to serve the area's residents. In 1908, after a disastrous fire,
Ashland's second fire station. Hose Company No.2, was built on Fourth
Street. GIVen the nature of the area, with bars and taverns as well as large
numbers of well-paid, Single, men, a police substatIOn, complete with a
"drunk tank," was budt Into the structure.
.1sh/and Railmad Properlv Mmler Plan . Ashland, Oregon
The impressh't? horcllH ,he lrain 5fuflOl/ ~....dcomr:rI
new llrriwt!s 10 Ashl(tnd
For IIIlIm'. rhe R(Jilro(/d PrOt)('rt}- wm' ,heir firs I
(lilt! 1/ISf I!.Y[Jenenrc ofA5hlund
Pholo ofAsh!anJ s troops comJtJf:! home {!/;er
World 1111r /1
The Sile - 38
The Railroad District \vas a \\'orklng class commumty, Most of the
buildings on 4th Street, as well as the houses built in the area, were modest
vernacular structures, catering the area's 'no-nonsense' residents, Brick
and wood-frame storefronts. typically twenty-five or fifty wide, reflected
the narrow underlying lot divisions of the densely developed area, Open
glazed facades, with vertical Windows in the upper stones and small
cornice detailing, accentuated the narrow building scale, SImple, honest,
use of materials such as corrugated metal. red brick, poured concrete, and
board and batten slding, refleeted a functlOnal approach to deSIgn that was
substantially dlfferent from the more elaborate and style-conscious
buildings of Ashland's downtown.
The Railroad District remained an active and vibrant focal pOint for
Ashland's economy for nearly four decades but by the mld- J 920s the
automobile, and the new Pacific Highway, prOVided Increased competition
for passengers while motor freight, aided by new and larger engines, cut
into the profitability of the freight route over the stcep Siskiyou Gradc, In
1927 the Southern PaCific opened the Natron Cut-Off through Klamath
County and Iitcrally overnight Ashland's train traffic dropped thrcc-fourths
in volume, "Grass will grow in our streets," lamentcd one dIstrict resident
of thc time and as the cnsuing decades would provc, her comments wercn't
that much of an overstatement. ]n ] 936 Southern PaCific ra7cd the oncc-
grand Depot Hotel and converted its small kItchen wing Into a combllled
passenger and freight station, ablc to handle thc small commuter route that
connected Ashland WIth the main line in Eugene, In 1955, even thiS
proved uneconomical and all passenger servIce 10 Ashland endcu, Without
passengers as customers, most of the busmesses on 4th street closed and
the he buildings were left With little use and less mallltenance,
Throughout the J 960s and 1970s the railroad slowly shlllcd repair servICe
out of Ashland and the roundhouse, turntable and other remalllS of
Ashland's railroad yards were demolished, By the 1980s, with freight on
the decline, even the small freight depot was closed, its operatIons shifted
to Medford.
Interest in the Ashland Railroad District's history led to its recognition as a
local historic district in the 1970s and, In 1999 the area south of the tracks
was listed on the NatlOnal Register of Historic Places, the city's first
nationally recognized histonc district.
.1shland Rai/mad Properl]' AIm/a Plall .lsh/al/d, Oregol/
kiosk (If the pIll/form thai di.~[J/{/red ()re;?o/J
{1I"Ot/IICfS
fhsfOric roundholl5e //5('d to (urn-(Jround miff
ri?p(lir train ClIg/J/C5
The Site ' 39
SITE ANALYSIS
,-~'''''' .....
Rui/road Prupr:T(V SHC lIno!rsi5
\~~:;;.</.?~" E.. Ji1 i!f'TlM 4 . R...iV..r;.... foJ,&l~..,'&......... "'~ it'
/ /. ")'<~lI\ ....-y.........n... .."ll....... ,'("-- __Jl-------'._.,::-..~.. ~7
/' .,~/.J J .':: ~I nr=-l "Ir-~:-~
'f. " . D l:ll.. - ......' I ....... 'Po)'~
.,....t... / , ~ n 'lJ (......~~....: \'-.J_, ....~~.o:iJ\. ~
" r,,1Y' , 01 0 tm....., --ff".<,'L'1 ..'/.', \,,0,
/ ,,~ ~ - Ull D ~""Ilof, 1;[\,_-.. L_ ,~:1/ '-"<:., ~~,:
Ie. "-''', .'. *,--+~~-""'" m-' '-., \'.' <:". 'i\\....
\jtft.~.:;-'y! ~_ _: ...._~"\ __~ --.' H \): t\~
I--"\" '<~'''';-:__.. . '..'..' ,"'" ,110......" . .' '5rl<. ';. ~') 12
.... q -~)~';;!!! I"f' r ,'.- ) ..~ ,.,IIl............' ;,_'>-'w'" _'P-, ~
.....,~~... ~<-",,""---!.~ / ~ 1 g~ -==_--- !
-... __ w:.L lr-..c=::::_ l) ,- -:-' '" .....\ ,..,.~ L
i> -.......;;:~.......r; or.'~ -. (.e~.... ,_ " .
'"l~. D, -- -.... : " -,---....:; '_' ........" J-...~. j.,T kt., .r-
i'?. ''''he 1" --...... ".'~:;k'-:'-'l-, . (.""... ~.,. !
-".. . J ~ --i l I -, r.':::::' '. i
""r;,44 1-~/-I--~! -- I +'J::I !
/,., i il$~ -'-.. 'I
I .!~"p.!l.", -..,:-" Ii
UfJ: I . P.,,,, !,..", "" I,
I !, I f!t"~IO~^,~7' 1/ ":iljOt" ~01
I .: "'L "",. p...". Ia
~~ " "f1'
Inlfi,d Ideas ahoUf ,he plllrcmcnr oJ m(~ln,. plan dements
RAILROAD CROSSING AT 4 'f1 AVENUE
At least one additional railroad crossing is proposed as a way to connect the
new Railroad Property with the existing Railroad District to the south, The
most logical location to cross the tracks is at 41h Street. for several reasons,
Fourth Street was historically the commerCial street in the area, leading from
downtown to the Railroad Hotel and Station, It is designed With diagonal
parking (which is conducive to retail) and is generally wider than
surrounding streets. There are already established businesses on 4th Street;
accommodating additional traffic will only strengthen the commerce in the
area, The potentia] of retail developing on the nOl1h side of the tracks in the
center of the site would be strengthened by connecting it to the existing
commercial area on "A" Street and along 4"' Street.
Ash/and Railmad Properlv Ma.sler Plal/ . Ash/al/d, Oregon
The eXlstmg condllions of the
. . Railroad Property and the
sUlTounding study area provide
opportunllles and constraints for
development as envIsIOned, Prior to
producmg a site plan, mitial
assumptions about the location of
program clements "vere presented to
the first public meeting using the
concept diagram (lower left),
These assumptions were drawn from
the followmg site analysis that
addressed Issues of Slle access,
environmental resources, mdustrial
contaminents, site history, views,
and proximlly to eXlstmg retail
areas,
The Sile' 40
STREEI C()N"LCTION~
Currently, the Railroad property IS very isolated, with only two connections to
the surround11lg streets. In order to promote a network of streets (which will
allmv each street to be smaller so that no one street bears the burden of all the
new traffic), connections through existing properties are needed. There are
several opportunities to get connections through the large industrial sites to
the north, and possibly several connections through the large lot residences to
the cast.
RETAILAREA [/\ST or TilE SITE ON OAK STREET
Several factors indicate that Oak Street might be a good location for a retail
main street. FIrst. Oak Street bears fairly high traffic volumes and moderate
speeds. This would help any retail locating there to tlourish. An encouraging
sign of the vlabdlly of this location is that new retail businesses have recently
located on the comer of Oak and Hersey. Second, this area is within walking
(or short commutmg) distance of many residential areas to the north. east,
and south. Neighborhood-serving retail on this small section of Oak Road
would benefit the surroundmg commUnitIes as well as the new distlic1.
Finally, Clear Creek Drive is the gateway for the western edge of the new
dismct, and retaIl would be a highly desirable use m such a location.
Existing commemal uses, such as the lumber yard, are encouraged in this
area.
HISTORJC ROUi\DHOUSE
Several compellmg photos of the historic roundhouse inspIred participants to
incorporate its memory II1to the plan. Concrete and brick foundations from
the buIlding stlll eXist on the site, which raIses the possibility oftransformll1g
them into a plaza or possibly constructing a new building in that shape.
SOIL CONTA !\1 IN i\TI ON
While soil contamll1atlOn was inillally a constraint for the site design, the
City has been assured by the Depanment of Environmental Quality that the
site will be cleaned up to the highest reSidential standards possible. Thus, the
holding ponds on the west side of the propeny will be drained and cleaned,
and will not be a constraint in the planning process. All contaminated soil
will be removed fi.om the site.
DRAINAGE CHi\i\NLL ro EAST OF THE SilL
Currently a drainage runs from the Railroad District downhill to the n0l1h,
fomling the border between the Railroad property and the large lot residences
bordering North MountaIn Avenue. Many reSidents expressed a desire to see
the drainage tumed into an amenity, as now it is used for strolls and dog-
walking. It could foml an important buffer between the eXIsting and possibly
future residences on the large lots, and the more dense, commercial uses
toward the interior of the site.
Ash/and Rai/road Properlv Master Plan . Ashland, Oregon
J-lis{(Jnr rOlll1,j howc
('annCOlJ/g rhe neB' rlisfrin \olh ,he l?_\isflJ/g l'lf)
5f1t:Cf gut! witl he (I fJrinllllT olyetf/l:e
),~
Lithia
Park
Till! rhmmol1'n p!{E:.tl WIIS swtlled to help
detcrminc the s;::c and SIt/Ie of 1m)" new puhlic
pltcllln the nf'll' dlstrJCf.
The Site - 41
PUBLIC SPi\CI:
Many residents from the surroundIng area felt it was Important that the
district have a distinct center, a place that people could recogmze and use for
public and recreational uses. The logical location for such a public space IS
just across the tracks from 4tl, Street. This will allow the square 10 "'borrow"
some of the commercial energy from A Street and 4th Street, and to buJid on
what's there now. It was also felt that such a space should be accessible from
the Railroad Distnct to the south.
.ish/and Nailroad Proper/v M{L~ter Plall . Ash/and. Uregon
The Site - 42
TRAJ\SPORTATION ANALYSIS
This project will Implement components of the Transportation Element of
the Ashland Comprehensive Plan, and the Transportation System Plan
(TSP) for reducll1g exclusive vehicular orientation and creating greater
accommodation for pedestrians, bicyclists, and transit in the historic
Railroad DIstrict plan area. The integrated land use and transportation
plan will specifically site a new through-street that will provide for access
and accommodation for pedestrians, bicyclists, motorists, and transIt.. The
project w1l1 seck to implement policies of the CIty's long-range
transp0l1atlon plans while integrating compact, mixed-uses wIth
multimodal transportallon facilities and solutIOns As a whole, the project
will enhance mobility while reducing the reliance on the automobile in the
Railroad District area.
Fehr and Peers reviewed multiple data sources while preparing the existing
conditIons analysis regarding the transportation system. These data
sources include the City of Ashland Comprehensive Plan, Transportation
System Plan, hIstorical count data collected by the City of Ashland, as well
as a site viSIt. These data sources create a comprehensive picture of the
area's transportation system.
AREA DESCRIPTION
The Ashland Railroad Property lies near the center of Ashland. Roadways
such as East Mall1 Street, Oak Street. and Mountain Avenue are near the
district. The land uses III the area are a mixture of reSidential, light
industrial. commerCIal, and retail. Major land uses in the sun'ounding
area include a grocery store, an animal feed store, as well as various shops,
restaurants, apartments, and single-family homes.
RO!\DWAy'\nWORK
The major roadways in the area include East Main Strcet, Oak Street,
North Mountam Avenue, and Hersey Street. Interstate 5 is located a couple
of m1les to the north of the Railroad Property. The hIstoric neighborhood
south of the railroad tracks has an extensive roadway grid with east-west
roadways such as A Street, B Street. and C Street. Major north-south
roadways in this grid system are First. Second, and Fourth Street. This
grid network provides the residents and other roadway users with good
connectivity to the adjacent street network. A 11 of the area roadways arc 2
lane roads with pavement widths of30'-40'. The following table details the
pavement width and bicycle/pedestrian facilities present on each roadway
in the area.
,ishland Railroad Properrv Mmler Plall . Ashlwld, Oregon
The Sile - 43
RAILROAD FAClLlTIES
The railroad line holds a prominent place 111 the history of the Ashland.
The railroad district \\.as the site of a very active passenger termll1al during
the heyday of the railroad between 1884 and J 927 Currently, multiple
tracks pass through the Railroad Property. The Railroad Property contains
several main hnes of tracks, multiple spur sections. and sWltchll1g
equipment. Central Oregon Pacific Railroad (CORP), a subsidiary of Rail
America, eUlTently operates freight service along this hne with t\\O trains
per day. There are at-grade crOSSll1gs of the raIlroad at Oak Street and
North Mountain Ave.
TRMFIC COl.lN"I"S
The CIty of Ashland has extensive traffic count information available for
many of the roadways in the study area. The following table lists the latest
traffic counts for each of the major roadways Il1 the area.
ExiSTing daily rn~fJic C(lunts on sneers surroundlJlg Ihe R"Jlroat! PropCrf.l
.1.\h/and Railmad Proper/v Mmler Plall . Ash/alld, Oregon
The Sile .. 44
ENVIRON\:lENTAL ANALYSIS
~1
..
i
'"
,\-lop of .Sl/C showing .lre,/5 of siglllficanr cOI/U1minanon
Successful implementation of the recommended alternative would
eliminate any contaminant-related constraints associated With redeveloPlllg
the Ashland rail yard.. Potential opportunities associated with the
recommended cleanup alternative include incorporating some of the older
Rail Yard former structure foundations in the site redevelopment and
taking opportunity of the earth work required to complete the remedial
action of the Yard. There are no constraints related to site contammatlOn if
the recommend cleanup action is successfully completed. Howcver, there
is a naturally OCCUlTing pond located adjacent to the central northcrn
propel1y boundary that repol1edly is a designated wetlands capable of
supporting aquatic life. Redevelopment plans will need to address thiS
wetlands designation of the pond.
SITE BACKGROUND
The Ashland rail yard (the Yard) served as a locomotive maintenance,
service. and railcar repair facility between 1887 and 1986. Dunng this
span of time steam powered locomotives were replaced by diesel
locomotives. Development of the Yard reached its peak in the early 1900s
with some additIOnal operations buildings added during the 1920s
Ashland Rai/mad Proper!v Master Firm . Ash/and, Oregon
The Site - 45
Locomotive maintenance and car repair functions occurrcd during the
1900s to early 1970s. Most locomotive fueling and maintenance facilities
were decommissioned before 1960.
In the m]d-] 980s, a locomotive refueling and maintenance drip slab was
constructed at the site. Dunng installation of the dnp slab, ballast and soil
Impacted by fornler fueltng operations were removed to the top of a
perched groundwater lone. which was encountered at 3.5 feet below
ground surface (bgs) The removed ballast and impacted sOli was placed
1I1to Yard turntable pit. Three holding ponds (referred to as Pond C) were
located in the northeast corner of thc Yard and used betwecn 1938 and
1978 for retention of wastewater. During closure of the Pond C area,
excavated soil from the Pond C area was also placed into the former
turntable pit. FollOWing installation of the drip slab, nllle passive product
recovery wells were installed just north of the drip slab to remove floating
product from a perched groundwater zone. An oiliwater separator was
used to remove oil from the wastewater resulting from locomotive fueling
and service operations III the drip slab area and to treat water recovered
from the product recovery wells. The treated water was then discharged to
the larger of the two ponds (Pond A). A second pond B) was used for
containment of overflow from Pond A.
ENVIROWv1ENT/\L INVESTIGATIONS
The Yard has been the focus of environmental investIgations slllce the
early 1990s. EIl\!Jronmental site assessments were completed in I 9?] and
1992 by the Southern Pacific Transportation Company (SPTC), the
prevIOus owner of the property. In ] 993, SPTC entered Into a voluntary
cleanup agreement with the DEQ. UPRR became the owner of the
property 111 19% and cont1l1ued the cleanup investigation. The Remedial
Investigation of the Yard, consisting of two phases, was completed in 1999.
Based on the findlllgs of the RI. a human health risk assessment was
completed. The exposure assessment identified inhalation, ingestion. and
skin contact of affected soils as the exposure pathways of concern. An
ecological risk assessment was also completed as an element of the RJ.
The results of the ecological risk assessment indicated that the Yard is not
known to serve as a habitat for any rare, threatened, or endangered species.
Ash/and Railmad Proper/v Mas/er Plan . ,lshland. Oregon
The Site .. 46
CONSTRAINTS & OPPORTUNIT1ES
In order to move forward in the cleanup effort. an analysis of Viable
options will be undertaken. This analysis will be based on the following
identified constraints and opp011unitles.
CONSrR~\INTS
Removal of all soils, sediments. and debris that contain
contamll1ants of concern that exceed the established reSIdential
cleanup goals would remove all environmental constraints
associated WIth the Yard. If successfully I1nplemented, no deed
restrictions would encumber the property nor would any long-term
remedial action maintenance be reqUired.
The natural pond located adjacent to the central north property
boundary is not identified as requiring remedial action. However,
the FS report indicates that the natural pond is deSIgnated as
wetlands with beneficial uses that Include the capacity to maintain
aquatic life. ThIs designation Will need to be considered m
redevelopmg the property.
The debris landfill located in the northeastern area of the Yard
is not specifically identified as an area reqlllring remedial action.
The identified Bunker C removal area appears to be located
adjacent to the northern side of the debriS landfill. DebrIS
materials in the landfill may not be SUitable for redevelopment
and require removal.
The FS report mdicates that impacted matenals were placed in the
existmg turntable pit. Removal of this material IS not identified
in the FS rep011. However, the DEQ is aware that thIs material is
present and will require that it be removed as part of the site
cleanup action.
OPPOR1UNITIES:
The removal of all impacted soils and matenals that contain
contaminants of concern that excced the site resldentwl-based
cleanup goals will allow for a wide range of redevelopment
options to be considered without being encumbered by
contamination issues both in the short and long-term.
Redevelopment of the site could consider Incorporating the
existing foundations of the locomotive roundhouse and the
turntable. These two structures were reportedly constructed in
1896 and represent the first two malor rail yard operations
.1shland Railmad PrOperl}' All/.ller Pll/II . Ashlalld, Oregon
The Sile .. 47
structurcs. Assummg that during rail yard operations the
foundations of these two structures remained 1I1tact and were not
compromised, the SOlis under these foundations should not be
impacted. Therefore, it should be possible to retain these historic
foundations as an element of the Yard redevelopment. The
exposed portions of the foundations would potentially need to
receive some surface cleaning.
ImplementatIon of the remedIal action will involve some
substantial soil removal pal1icularly in the eastelll portion of the
site. Earthwork associated with the remedial action could take III
consideratIon site redevelopment plans. Such consideration could
allow for regrad1l1g of portions of the site to fit site redevelopment
plans and may reduce remedial action costs by reducing the
amount of clean soil required to backfill the excavations.
CONCLUS10N
While soil and water contamination are certainly a concelll, the DEQ will
require full cleanup prior to development of the site. Many methods of
cleanup are available. The particular method of cleanup and where the
funding for the cleanup will come from are questions that will be addressed
after the completion of the master planning process. The plan assumes
that any existing environmcntal barriers to development will be mitigated
before building begll1s. Accord1l1gly, any existing environmental
constraints will not be considered as obstacles in the design of the new
Railroad District master plan.
.1shland Railmad Properly Almla P1al/ . Ashland, Oregon
The Site - 48
ZO:\I:\(J A'\ALYSIS
EXISTII\G ZONII\Ci
for the study area consIsts of four different Comprehensive Plan/zone
designations and overlays:
Employment/E-!, with a Residential Overlay. Applies to the area
Just north of the railroad tracks, from Oak Street at the west to the
back of long lots fronting on Mountalll Avenue at the east.
Detad Site Review Zone. Applies to the same area described
above, as well as ta'\ lot 1900.
R-!-5. Applies to the area just west of Mountain Avenue.
R-2
R-!-3.5
Ash/(/ntl's ZOlll1lg :\It/f)
Ashland Railmad Properl.\' Almter Plall . Ashland, Oregon
The Site - 49
70NIN(J HISTORY
The 1999 zoning ordmance amended the Comprehcnslve Plan Map, the Zoning
Map, and the Detail Site Review Zone Map for the property north of the RaIlroad
tracks between Oak Strect and North Mountain Avenue Spccdica]ly, it changcd a
portion of the study area, just north of the railroad tracks, from Comprehensive Plan
designation Industrial and zoning desIgnatIon M-], to ComprehenSive Plan
designation Employment and zoning designation E-], with a rcsldentlal overlay. In
addition, it added the same portion of the property to the Detail Sl1e ReVIew Zone.
ABOUT EMPLOYMENT / E-I ZONING DFSJG'\iAlION
Employment!E-] IS a relativcly new land usc classification developed in the] 981
Comprehensive Plan update. It was created to allow for a combination of uses
ranging from commercia] uses to those uses regularly seen III industnal zones, and
intended to provide maximum flexibility so that futurc development could rcspond
to the changing cconomy (changing from the hIstoric timber-based cconomy) Uses
that are encouraged in thc Emp]oyment E-I zone include light manufacturing
firms, knowledge intensive manufacturing such as computer software and medica]
specialty businesses, educational facilities and professional scrv ice offices. With the
addition of the reSIdential overlay, the Rai]road property allows residentIal land use
into the mix, creating the most mIXed-use, flexlb]e lone In the city.
Bclow is a summary of Chapter 18.40 of the Ashland MUlllcipal Code, E-]
Employment District:
Purpose of the district. To provide for a variety of Llses sLlch as
office. rctail, or manufacturing in an aesthetic environment and
having a minimal impact on surrounding uses.
Permitted uses range from professional officcs to 'stores and shops
(retail uses are limited to no greater than 20,000 SF gross ]easable
floor space per lot); restaurants, light manufacturing, research
establishments, broadcasting studios, mortuanes, building material
sales yards, kennels and bakenes,
A number of uses are allowed subject to spccial requircments, the
most notable being residential uses. Below IS a summary of the
special rcquirements for residential uses within the E-l zone:
A t least 65% of the ground floor area, or 50% of thc lot area. if
there are multip]e bui Idings, shall be designated for pemlltted
commercia] uses.
Residential densities shall not exceed 15 dwelling units per acre.
Residential uses shall only be located in areas indicated by the R-
Overlay, within the E-I district.
J f the number of reSidential un its exceeds 10. then at least 10% of the
residential units shall be affordable for moderate-income persons.
Area, height and width requirements for the E-l zone are summarized below:
No area or width requirements except as required by conditional
uses.
Ashland Railmad Properlv MlL~fer Plall . Ashland, Oregon
The Sile - 50
No yard requirement except when a lot adjoins a residential
district.
Structures are limited in height to 40'
There shall be no manufacturing, retaIling or other activity which
is not entirely conducted wlth1l1 a building, except as specifically
perrTIltted In a subchapter of the E- I Employment District chapter
( 18.40.040).
DESIRED DEVELOP!\/lENT PAfTERN
Below is an excerpted list of policies and findings that help describe the
development pattern deSIJ'ed wlthm the Rallroad Propel1y:
The way "A" Street and the Railroad District has developed may
provIde a template for the future of economic development in
Ashland mixed use development. (from Railroad Property Zone
Change. Council CommunicatIOn, July 20, 1999)
Compatible mixed-use zOl1lng would provide services in
residential areas and offer housing in commercial areas. These
mixed uses would reduce both the number and length of trips for
goods and services. (From the Transp0l1atlOn Element of Ashland
Comprehensive Plan).
To ensure that the local economy increases the health, and
dIversifies in the number. type. and sIZe of businesses consistent
with the local social needs, public service capabilities and the
retention of a high quality environment. (From the Economic
Element of Ashland Comprehensive Plan).
ISSUES FOR H1RTlIER SH'DY
The desired dIstrict-wide mix of reSidentIal and employment uses,
recognizing that the primary purpose of this area is for employment
generati ng uses
The need maintain an adequate supply of land for employment/light
manufactunng uses
Urban form Issues. especially balancing the industrial scale and
character and materials of desired development with residential
uses. ThIS issue IS often loosely referred to as "compatibility".
ArchItectural design issues. especially to encourage industrial
character scale and materials in new and retrofitted buildings.
Lessons learned from recent development in the Railroad District
and "A" Street.
ThIS district presents an opportunity to provide flexible regulation that
allows a number of development patterns to take place over time and
in response to the economic and housing needs of the City of Ashland.
A tTordable housing in the district with respect to other uses.
Ash/and Rai/mad Properrl' Master Plall . Ash/Wid, Oregon
The SiTe - 51
PART III: THE CHARRETTE
Ashland Railroad Properlv MlLIler "Iml . Ashland. Oregon
The Chan-elte - 52
PROJ ECT OBJECTIVES
, T he six main design objectives of the Ashland Railroad Property
Master Plan are to:
Establish a new employment district for Ashland close to the cIty
center.
Incorporate a mixture of uses, includlllg: live, work, shop.
Encourage alternative modes of transportation, Includll1g walkll1g,
bicycle riding, and transit use.
Design new buildings to be compatible with and complementary to
adjoining neighborhoods.
Connect to the surrounding neighborhoods and be part of the cIty
fabric.
Respond to and be inspired by the rich history of the site.
Compliment views to hillsides around the city.
Reinforce the natural amenities of the site.
As the last large piece of undeveloped land close to downtown Ashland,
this property plays an important role in ImplementIng the Ashland
Comprehensive Plan by providing much of the projected land nceded for
mdustnal and commercial growth during the next twenty years. For thiS
reason, participants felt It was important to maintain the E-l ZOning on the
site and build upon the employment uses already in the area.
Single use zonll1g, however, exacerbates many land use problems.
Compared to mixed-use developments, it requires more people to drIve,
fails to deter crime (as people are only in the area during certam tImes of
the day), consumes more infrastructure, and uses up more undeveloped
land (sprawl). In an ctlort to make this district a mixed-use area that
promotes a mixture of employment, retail, and residentIal uses close to one
another, a residential overlay zone covers much of the site. ThiS allows for
a variety of uses within the same area while maintaining employment as
the primary use. Further design standards will be incorporated to guide
the architectural character of all the new buildings in the study area to
reflect the industrial emphasis.
Integral to the notion of mixing uses together is reducmg dependence on
the automobile. Providing opportunities for people to live near their
workplace and walk to the grocery store and cafe begins to alleviate the
need for commuting by automobile. Also, mixing uses, when guided by
principles of good urbal1lsm, provides a lively and interesting streetscape,
which encourages people to walk. Good planning that links local paths to
regIOnal bicycle trails and that provides for a bicycle safe environment can
also help to promote bicycles as an alternative to the automobile. Finally,
mixing uses, often at higher densities than found in single use zones, can
.1shland Railmad Properr\' Master Plan . Ash/and, Uregon
The Charrelle - 53
help to support transIt services by concentrating the number of potential
nders into a smaller area. This a]lows for a higher frequency of serVIce,
and a transit system of which more people are Iike]y to take advantage.
The new distnct should create a distinct character that identifies it as
unique within the cIty while at the same time respectmg character of the
surrounding neighborhoods, drawmg from the h]stonca] and industrial
precedents of the past and those eurrently m the surroundmg area. ZOlllng
standards will ensure compatibility around the edges of the study area that
respond to existing residential and industnal bulldmg forms. In this way,
the new district will be distinct while blendIng seam]essly into the city
fabric of Ashland.
The sIte is currently dIfficult to access. To become a vibrant district, it
should have as many connectIOns to the surrounding neighborhoods as
possible. The design team worked with surrounding property owners, city
staff, and the railroad to negotiate as many local street connections as
possible. Loca] street connections allow a full range of transportation
options, includmg walking, bicycle, bus, and automobile. A network of
loca] streets 1S the most equitable and efficient way to disperse negative
traffic impacts on anyone street and to encourage altemative modes of
transportation.
Finally. the master plan ]S influenced and mspired by the rich history of the
railroad buildings as well as the symbolic and functional importance that
the train depot area played in the development of Ash]and as a town. Of
pal1icular interest are the foundations of a curving railroad roundhouse
once used for repairing engines, and the tumsti]e on which it is centered.
Incorporating clements like these into the master plan allows a shadow of
the vibrant history of the area to be maintained and enjoyed by future
generations and old-timers alike.
Ash/and Railroad Properfv Mmfer 1'/1111 . Ashlalld, Oregon
Tire CharreJ'fe - 54
PROJECT OUTCOMES
T he primary outcomes of the Ashland Railroad PropeI1y Master Plan
are that:
In a previous process, the Depar1ment of Environmental Quality
required that all land m the Railroad PropeI1y be cleaned up to the
highest possible residential standards, thus freemg thiS planmng
process from considering current polluted areas as deslgn constraints.
The design of the plan Incorporates locatIOns for industnaL
residential, and commercial uscs m close proxlInlty to one another.
The extensive network of streets throughout the new dlstrict allows
many choices for travellllg from one location to another, and for
connecting to surroundmg areas.. In particular, the proposed crossing
of the railroad at 4th Avenue will allow residents of the new district
easy access to the Historic Railroad District and to downtown Ashland.
New buildings developed on the Railroad Propeny will be inspired by
the vernacular industnal and historic architecture of the surroundmg
areas.
At least one street connection on each edge of the propeny allows the
new district to easily and seamlessly bccome pan of Ashland's clly
fabric.
The memory of the origins of Ashland are preserved by reclaiming the
foundations of the historic roundhouse building and turnlllg it mto a
major civic building at the core of the development.
Scenic views of the surrounding hIlls and a stream on the east Side of
the property are preserved as public amenities for the future residents
of the area.
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The Charre/le - 55
FNVIR()NMFN L\L CLEANLP
The origmal Union Pacific Railroad propel1y was subdivided mto seven
parcels. The western SIX parcels have been sold. The Department of
Environmental Quality has certified that parcels one through five reqUIre
no funher environmental cleanup and are suitable for development at
residential levels. Parcel SIX has recen'ed a preliminary no further action
letter, and a final letter IS expected soon which will clear it for
development Parcel seven, however, contains much of the most senous
contamination left over from when the property was used for tram engllle
storage and repair. Comments by DEQ on the illltial feasibility analysis
submitted by Union Pacific's consultant ERM indicated that the site
needed to bc cleaned up to residential development standards. The
planning effOJ1S Il1 the charrette assumed that the entire site would be
cleaned up to thiS level. which allowed the location of any land use
throughout the master plan.
USES
According to Ashland's Buildable Lands Inventory, the E-l zone is
expected to bear the largest proportion of the anticipated commercial
development In Ashland during the next 20 years. The City estimates thiS
demand at 76 acres, using up most of the 86 acres of existlllg vacant
buddable E- I loned land III the city. The project study area encompasses
almost 50 acres of E-I loned land, 30 of which are vacant or partially
vacant. Mallltamlllg thiS area primarily for employment uses is cntlcal to
achievlllg the goals set forth in Ashland's Comprehensive Plan.
Much of the study area is zoned E-l, which is primarily a commercial
employment zone. ThiS allows light manufaetunng, office, and retad uses.
In addition, a large por1ion of the undeveloped pal1 of the study area is
covered by a residential overlay zone. This overlay zone allows up to 35%
of the ground noor of a new budding to be residential. and any amount of
upper floors to have residential uses. For detached buildings, up to 50% of
the total ground noor square footage on one lot may be used for residences.
For planning purposes, it was assumed that the study area would maintain
its CUITent base zoning. However, it is recommended that the residential
overlay zone be amended to further limit ground floor residential uses in
order to encourage commercial businesses to locate in the area. Residences
would be encouraged on upper floors of buildings. Allowing residents to
live, work and shop within the same district reduces the overall
dependence on cars, provides round-the-clock surveillance which
discourages crime, and allows many opportunities for chance meetings
bctvveen nClghbors, promoting the feeling of a tight-knit community.
Ash/and Railmad Proper!.v MlLIler Plan . Ashland, Oregon
Tire Charrel.1e - 56
ARCHITECTlTRAL CHARACrER
From the outset, this district was envisIOned as a distinct and unique area
of Ashland. Rich III local history and sunounded by old and new
IIldustnal buIldlllgs, the Railroad Property has captured the Imagination of
citizens, local designers, and Ashland city staff. Opllllons about what Its
character should be ranged from large lot homes to open space to Industrial
warehouses to a European-feeling medieval vIllage. There was a desire to
see this area develop as an Identifiable center for the surroundlllg
neighborhoods, a place for the "real" Ashland residents to shop and
recreate. Many residents complained that the downtown plan catered
mostly to tourists and that the "locals" needed some place to call theIr own.
Borrowing from histoncal and industrial building forms, the master plan
combmes a variety of building sizes and types along a network of local
streets that weave the district into the city fabne. Anchoring the plan is a
location for a round pubhc building or plaza built upon the foundations of
the historic tram roundhouse and turntable, used at the turn-of-the-century
for repairing train engines. Narrow, pedestrian-fnendly streets, mixed-use
buildings inspired by mdustrial forms, and many small public open spaces
that open to the surrounding mountalll views help to give the RaIlroad
Property master plan a special and unique character
To implement this vision, a second overlay zone IS added that will contain
addItional deSign guidelines. These gUidelines wIll specify, for example,
the locations of roads, the basic massing of buIldings, the percentage of
glass along a pedestrian street, among other things, and will direct the
future development m the area toward the viSIOn that has emerged.
TRANSPORTATION
One of the largest challenges of the project was connectmg it to the
surrounding neighborhoods. The parcel. currently isolated between the
railroad tracks and the large industrial sites along Hersey Street, needs
additional street connections to Hersey, North i;IIountam, and to A Street
via a railroad crossing at 4'h Street. A large part of the Charrette was
working with property ovmers to determine appropnate locations for
possible local street connections. The current status of the suggested local
connections varies; some are likely, others mere pOSSibilitIes. However, the
dominant idea is that many more connections are necessary for this district
to feel connected to the surrounding area.
Another transportation need was brought up at the first public meeting. In
order to meet regIOnal transpor1ation goals and to take pressure off of A
and B streets as bypasses for tratlic with ofT-site destinations, a parallel
colleetor running the length of the site from NOr1h Mountalll all the way to
Clear Creek Drive was placed into the plan. This street becomes the major
.ish/and Railroad Propert\' Master Plan . Ash/and. Oregon
Projecred dai~v trtlJ)fc COW/(Sfl{ Inn/dOli! {if
Comprehensive Plan (H'H!JOU{ rlel"elopment (Ill
Railrc10d Properf}).
The Charrelle - 57
spine of the new district, and will hopefully generate enough traffic to
allow a mIx of uses. including retail. to be viable at the center of the
project. Concerns about excessIve traffic speed in the area will hopefully
be allayed by speed calmmg design features such as deflected alignments
and the narrow width of the new street.
As connectmg to the surrounding neighborhoods became a high pnority.
findmg an appropriate location for a future railroad crossing became
lmp0l1an1. Fourth Street seemed to provide the most suitable location from
a land use perspective as this street had historically been the commercial
street 1I1 the area leading to the histonc train statIon. Also, the street has
many existing retail businesses, IS wider than other surroundmg streets,
and has diagonal parking (which ]S particularly helpful in encouragmg
retail businesses). During the Charrette, several meetings were held to
assess the likelihood of getting a crossing at t~at locatIOn. While generally
State and Federal agencies are very reluctant to issue permits for new
crossings, the essential nature of this crossing to the viabihty of this entire
district is a strong case for an exception. Officials from the rail-operator,
Rail-America, checked into the feasibllity of relocating their sidings to
another location so that train storage on site would no longer be nccessary.
Dunng the months following the Charrette. Rail-America offiCials
returned with a positive response. They have preliminarily agreed to move
their operations to Medford, proVIdIng that funding for the move can bc
secured. This removed the primary obstacle to obtaining a railroad
crossing at 4th Avcnuc.
Many neighbors expressed a concem that addItional developmcnt would
generate excessive traffic that would be funneled past their homes. We are
scckmg as many connecting streets as pOSSIble to cnsure a broad
distribution of traffic patterns so that no particular location is SIgnificantly
impacted. In addition, the streets built on the site will be generally narrow
and circuitous, allowing local access but discouraging high speeds and
high volumes of traffic. Initial analysIs indicates that even when fully
developed, surrounding streets can accommodate the projected traffic while
maintaining their existing character.
TRANSIT OPTIONS
While creating a pedestrian-friendly environment is an over-arching goal
in the new district, other alternative modes of transportation are also
encouraged. Many suggestions from participants in the Charrette
mcntioned that they would like frequent bus access in the area, and that
shuttles could be set up to help residents commute between Medford and
the district. Also, a shuttle connecting downtown Ashland and thiS new
district was suggested to allow people too young or too old to drive (as well
as tourists) to easily visit the area.
.1sh/and Raitmad ProperlF All/sler Plan . Ashland, Oregon
Pro;(!('( dlll(' lrojfic (0I/J1l5 lit Innlrlour (wi,hollr
rfll/rolld (ftl'iSlng 11/ 4th SIred)
Pru,ll"cr d.l1h fn!lf/r COlllllS lit builr/(IUI (\\"jrh
nIl/rout! crossmg (If 4th Strecr)
Tire Charrette - 58
Making bicycle commuling easier is another goal of the proJect. A
regional bicycle loop passes through the project and connects with major
elements of the plan. The narrow, pleasant street network throughout the
project will allow bicyclists to easily and safely traverse the slle.
The proximity to the rail line always leaves rail as a transit option for the
regIOn. Maintalllmg a site for a possible light rail! commuter rail station
is a priority for the future.
OPEN SPACE
Many participants of the Charrette emphasized the imp0l1ance of public
open space in the foml of parks or plazas. as well as some public
mstitutional presence near the heart of the site. The plan locates at least
one public plaza as a focal pomt. A Iso identified during the process as an
amenity IS the drainage to the East of the site. The plan proposes to run a
path along the dramage to make it accessible to all passersby. Ideas for
public mstitutlons m the area include: a train museum, a library, a public
market, a tram station for a future commuter rail system, a post office. and/
or a bus station.
MAINTAINING VIE\VS
Another important theme that came out of the Charrette was the desire to
maintain vIews of the sun'oulldmg foothills and peaks to the North and
East. By strategically placmg openings in buildings and aligning streets
we were able to mamtalll many dramatic views. Because the property is
lower in elevation than A Street, residents and business owners in the
Railroad District need not fear losing their views. Because of the relative
scale and change In elevation, the buildings in the new distnet will create
an interesting frame for the dramatic natural scenery that surrounds
Ashland.
Ash/and Rwlroad Properr.l' MlLIfer Plall . Ashland, Oregon
The Charrelte . 59
PUBLIC' PROCESS
THE CHARRETTE
A Charrette presents perhaps the most efficient and effectIve method In
denving a solution through mutual consensus, without compromismg the
quality m design, A ChalTette is a three to seven day period of Intense
deSign work involving numerous participants includmg, designers, local
cituens, as well as agencies and officials, all of whom will contnbute to
the development a detailed and finished design. This shared achievement
gives a project the momentum to survive the politIcal and economIc tests.
ASHLA~D RAILROAD PROPERTY DESIGN CHARRETTL
The project began with a pre-charrette kickotl meeting and site VISit in late
November, 2000. This allowed the deSIgn team headed by LC A to gather
informatIOn in the form of base documents and oral information as well as
to begm the public education process. Meetings were held with adjacent
propel1y owners as well as city staff, and the infomlation gamed allowed us
to begin designing the site.
This project called for a two-pan charrette. The first pan of the charrette
was a three day event held in downtown Ashland from Dec. 11-1-', 2000.
Publ ic meetings were held on the first and last evenings, With opportulllties
for public input throughout the three days. On the second day, many
techl1lcal meetings were held to dISCUSS issues relatmg to regIOnal traffic,
the railroad crossing, envIronmental cleanup, and 7.oning regulations.
Much of the third day was spent designing and drawing alternatives and
final concepts for the new draft master plan.
The second pal1 of the charrette consisted of a two-day workshop In
March, 200 I. LCA presented refinements to the previous work and agam
opened the process to public comment. LCA adapted the design to
incorporate new information, and presented the revised deSign to the
Planning Commission/City Council in a joint worksession.
Ash/and Railmad Proper/v Ma,\/er P/IIII . Ash/and, Oregon
The pr(){'ess In\lo/l'ed .5'1u:l/ group meetings mth
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.one on ont! ihscII5sion5..
public presentations.
.and rommiu{'c wurk Wifh 61izen 1'epn>semuth'es.
The Chan'elle - 60
EARLY CIIARRETTEALTERNATIVES
.ish/and Railroad Propertv Mmter Plal/ . Ashland, Oregon
ALTERNATIVE 0]\[
This alternatIve attempts to link up
the distnct with many road
connectIOns. It also divides parcels
mto small, pedestnan oriented
blocks. The roundhouse IS used as
lIlsplration for a circular plaza In
the center of the district.
ALTERNATIVE 'f'WO
This alternative illustrates the kmd
of street pattern that mIght occur
wIthout a railroad crossmg or any
additional road con nectlons to
North Mountain or Herscy. It
would not be conducive to mixed-
use, pedestrian oriented
development.
ALTERNATIVE THREE
This alternative is sImilar to
alternative one but features a
semicircular plan and several
additional street connections. In
addition, the east-west COJlnector
street is 11Ilked with North
MouJltain further south and
provides a more direct route
through the new district.
The Charretlt.' - 61
CIIARRETTE PLAN
(Railroad District)
Roundhouse Plaza
Clwrrl"'f11! AIlI5fer PIon
CHARRETTE
MASTFR PLAl\
Working with citizens and public
planners, a refined concept was
developed out of a three day
intensive public process that
incorporated a range of interests
and concerns. A network of streets
connects the new development
with surrounding neighborhoods.
Mixed-use development adds
vibrancy to the area and reduces
reliance on the automobile. Public
buildlllgs and spac(~s provIde civic
identity and reference the history
of Ashland.
proposed Charrdi/! Master Plall
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streets proposed in the Charref{c Aldster Pion
Ash/and Railmad Properl\' Mwler Plan . Ashland, Oregon
The Charrelle - 62
CI IARRETTE lLLt;STRATIOT\S
Ground h~lel \-It'\1 infO ,he ROl/lldhouse Plaza tlookmg l1'esU
CO RE AREA
An early concept was the idea of referencing the hIstone railroad
roundhouse, the foundations of which are still on the site. ]n the Charrette
plan, the location and shape of the roundhouse were preserved in the foml
of a civic plaza around which the new district emanates. Potential uscs
around the plaza lIlcluded retail, civic, and office development.
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Ash/and Railroad Proper/v Master 1'1111/ . Ash/al/d, Uregol/
Dew" Uj Roulll1hvusc Pla:.a mul -Irh Street Rm/rood Crossing
The Charrelll' - 63
CIIARRETTE ILLLSTRATlO1\S
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, 1
1; \
Vie"w looldng Weslmfo ,he ROllndhollse PllIZll
Ground IC\'C! vie\\' JovkiJ/g north across rhe RaIlroad rra,/...s al 4th A,'enue
,1shland Railroad Proper/v Masler Plall . Ashland, Oregon
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FoundmlOn drawm[! ShOH Ing {he? !OC(l(lOn of rhe
histOriC roundh(lusc (lnd I elafcd ourhudrhllg."
The Chan'e/le - 64
POS'T-CHARRFfTE REVlSlO:\S
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RCI'iscd derail a/fhe ('(J!"C oJ rhe new diSIIHI ,liol\'ing ~el)(/m!etl retail and en"je renters
Fina! dewi/ oJ the core of the new district sho1l'1I!g resolved streeT pHlfern 111/(1 developed plrcns
Ashland Railmad Properr" Mmler PIIIII . Ash/and, Oregoll
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square diretfl) acruss ,he I,'l!h ~th 5/1 t!l?f wi/road
(TOS!> In;;
ROUNDHOUSE PLAZA
During the discussions after the
Charrette, concerns surfaced that
the roundhouse plaza was too far
from the 4th Street crossing to
connect with the actIvity occuring
on A Street. In rcsponse. a new
concept emerged that locates a
retail oriented plaza adjaccnt to thc
crossing and enVIsions a round
civic building standlllg in the
location occupied by thc turntable
associated with the roundhouse
foundations. This allows for more
viable retail frontage and a
separatc civic ccnter - though both
are connected and part of the core
of the new district. Possible civic
uses could include a light rail!
commuter rail train station, a post
office, a community theater, a
community center, or other
appropriate civic institution.
The Charrelle . 65
PART IV: APPENDICES
Ashland Railroad Proper'" Master Plall . Ashland, Oregon
Appendices - ()6
PlJBLIC CO]VEvlENTS
PUBLIC KICK-OFF MEETIN(; - ?\Ov. 28TH. 2000
TRANSPURTArIO'\
-Could passenger trams be vIable again in the future') If so, we should leave open space for a depot to accommodate
this possibility.
-Area should have a transit center, some place where people could be picked up and dropped of by bus, train. This
could also be combmed With a park-n-nde.
-Mamtam existmg pedestrian connections through the site and across the railroad.
-Project should help to link up the regional bike network that exists already
-An at-grade crossmg over the railroad tracks at 4th street IS vital (both pedestrian and vehicular) to making the
raJiroad property a vibrant dISl1"ict.
-If an at-grade crossing cannot be negotiated, what are the possibilities of an underground crosslllg?
-ConSIder the traffic impacts on neighbors in the Rallroad district If 4th street is connected across the railroad.
-How can trallic impacts of more people in the area be mitigated') (Connectivity)
-Planning should keep in mind the need to get I S-wheel delivery trucks through the area.
-A gnd system will help to alleviate too much traffic on anyone street. Many outlets to Hersey and Mountam should be
encouraged.
-Doesn't think that truck trallic in Railroad District nelghborhood is appropnate.
-Being able to easily connect to the downtown core is important for this project, especially for residential developments.
-Pedestrian and bike connections throughout the sIte are important.
-Encourage people to walk to local services.
-We should thmk about how we will move around III the future, not just plan for current modes and ways of I1fe.
- Deemphasize cars.
-Look at the previous transp0l1ation plan as a jumping off poml.
-Is it pOSSible to share the railroad right-of-way with the railroad for other uses (East-West)')
-Area should contain a carpark/shuttle to other distnets and to Medford.
-Area could become a commuter point for Ashland and the surrounding areas to relieve the freeways through rail-
transit.
CHARACTER 'USE
-Maintain the small town character.
-Likes to hear the sound of the frogs (currently).
-Any commercial development should be pedestrian-oriented, possibly a pedestrian mall?
-Development should be made up of quality buildings similar to "A" street.
-Explore live/work opportunities where people live and work in the same building.
-Suggests that property should have less E-I zoning on it. that it should be more like the mix of uses currently seen in
the Railroad District to accommodate the high demand for residenl1alland.
-How will this project effect the quality of life of adjacent neighbors') They would like for the neighborhood to
maintain its current character.
-M ixing residential into the new development is very impol1ant.
-Development should be based on new paradigm: healing and sustainability
-Development should have its own vital center that can be a compliment to the downtown.
-Create a plaza - a place for people to congregate.
-Broadband Internet access may change the way the E-I zone is used.
-"Identity" of the area needs to be strong and unique.
-Incorporate historical architectural styles.
Ash/and Railroad Proper/v Masler Pial/ . Ash/and, Oregon
Appendices. 67
-Area could become a complex for "clean" industry like hlgh-tcch that does not need large delivery trucks and provides
well paying jobs.
PUBLIC AMENITIES
- There is a need for public land in the developmenL for opcn space such as parks or plazas, or even a public building
-Any parks should try to accommodate dogs, as all city parks exclude dogs and they have no place to play
-Possible public buildlllgs on site could include a I1brary (with trecs) or a fire station.
-City needs to be involved in purchaslllg some land on the North Side of the railroad tracks.
-At Sth and "A" street. ditch is Rocca Creck that has becn dayl1ghtcd.
- Would like to sec an arboretum.
HOUSING
-There is a need III Ashland for affordable and rental UllltS. POSSibility of usmg a land trust modeP
-Desires large lot homes that have enough space for gardening or commu11lty gardens incorporated into development
OTHER
-Important to keep abreast of current projects and plans already underway in the area so we can plan appropriately.
-Bring in good examples of other places (Europc, for example) that are doing interestmg work in this area to use as
inspiration.
-Ashland has an unbalanced economy and is too dependent on tourism.
PUBLIC MEETlNG itl - DECEMBER llTl]. 2000
TR/\NSPORTATION
- What about increased traffic on A street?
-Is the crossing likely or viable')
-Can we look at areas that don't allow IS-wheelers')
-Could large trucks ot1load onto smaller trucks or onto trains and In this way brlllg freight In from out of the area?
-Can 5th street be a possible crossing location?
-Thinks 4th is not the best altemative because of congestion at 4th and East Main. Suggests studying that intersection.
-Peripheral parking with shuttle busses?
- Thinks there are already enough connectlOns to the plan area from Hersey, North Mountain, and Oak.
- Wants East- West arterial road from North Mountalll to Oak.
-Connect bike path to Oak Street to get bikes off of A street
PROS AND CONS OF A RAILROAD CROSSrNlj AT 4T11 STR fTT
Advantages:
-ConnectIvity
-Outlet for trucks (takes congestion off of A street)
-A Iready commercial
-Traffic impact equity
-Safety, as people are already crossing there
-Short walk, bike trip, or drive to local jobs
-Mixing of uses would cater to local residents
- Without x-ing, no relationship between north and south of the railroad tmcks
.45h1and Railroad Properlv Masler Plall . Ash/and, Oregon
Appendices - 68
Disadvantages'
-Noise because ofblowmg whistle
-Creates new arterial through neighborhood
-CongestIOn at 4th and East Main
-Neighborhood impacts of increased traffic
-Additional railroad crossing
CHARAC fER! llSES
- What are the permitted uses In the E-l ~one')
-Height limit IS 40' average (3 stories)
- What will the lInpact of tourism be')
-Is there an allowance for retail In the center of the site')
- What arc good examples in Ashland of retail!office/residentiallTIlxture'l
-Adaptable buildings / uses that could change over time as well as a phasing plan IS needed.
-Concerned about the maintainmg the character of the residentIal neighborhood in Railroad Dlstnct
-How many of the users will actually live/work in the area')
-Should turn into more of a high tech. area that don't need big truck access
PUBLIC AMEN ITIES
-Open space in the study area to preserve views
- Walks through area for recreation - wants to see more open space and buildings that maintain views.
-PubliC art should be incorporated somehow.
-Save the weeping willows on the stream.
-Are you deSIgning local streetscape improvements for people')
- What about the city owning part of the propeI1y')
COMMENTS RECEIVED OUTSIDE Of Pl'BLIC MEETINGS - DEe. I I TlI-13TH, 2000
-Please plan now for several types of open space,
-Possibility of passenger train service in the future (Rogue Valley and/or West Coast servIce)') Don't create a SItuation
that prohibits that - allows for the option. ThIS relates to the 4th street crossing question especially. Look ahead 5-10
years In these areas.
- WIthout affordable housing the impact of this planning on transportation and parking issues will be negated.
-The potential for passenger train service should be a part of any plan (even if its just convel1ible open spaee) and
simple, attractive access to downtown. 4th street crossing seems like a good access and x-ing sl1e. Also,] like the
plaza idea'
-R.R. commuter line from Ashland to Medford.
-Mmi-bus service from residential concentrations to downtown, especially for the elderly and retired people.
-Peripheral parking lots, served by mini-bus service to downtown.
-Regarding the RR crossing - phase m With pedestrian and bikes first. No cars unless necessary - 5-15 years. No
trucks ever on 4th! Weight limit.
-4th street is 2/3 residential and 17/19 reSIdential between Band E. Main. Please preserve the RR DIstrIct's peace and
safety I
-Opportunity for the City to acquire land for Ashland Land Trust.
Ashland Railmad Proper/v Mas!er I'll/II . Ashland, Oregon
Appendices - 69
PUBLIC MEETING #2 - DECEMBER 13TH. 2000
TRANSPORTATIO:\
-Is there space for statIOn and parkmg?
-Has bIcycle traffic been allO\,>ed for on the streets')
CHARACTER! USE
-Can the street move around the other side of the turntable')
-Concern if too much retail goes in hcre (competllloll with downtown).
-Arbor would be a good location for a RR station.
- What about wrappmg the road to the South of the round "turn-table'''?
-Too much retail could take away from downtown.
-Moving pl,an to 4th street would tern,inate vista.
-Consider the connection between potential retail and retail currently on A street.
-According to Christopher Alexander's pattern language. focused views are more dramatic than wide open viev.,'s.
-How many people could hve here? (answer: about 400 appts. @ 1.8 person/appt.)
PUBLIC A\IENITI[S
-Can the trlanglc plaza shift over to open views')
- What about views to Grizzly Peak'!
- Will utilities be underground')
HOUSING
-How can affordable housing be implemented')
- Why no reSidential 011 the ground floor in the Eastern area')
-How to maintain affordable housing')
OTHER
-Are new regulations more cxpliclt and restrictive than prevIOusly?
-J-Jow much of this area IS already planned by current owners') Are there any "deal-breakers"?
-What's fixed? What's flexible'! NE residential: SW road; industrial along Hersey?
-Egress on the East side: if a landowner has property the city wants, could it be condemned')
JOINT CITY COUNCIL,.' PLAN~ING COMl'vllSSION WORKSHOP - APRIL 23-24, 2001
DROP IN COMMENTS
-Looks great as long as there is ample greenway along the creek I
- While excavating for the pollution cleanup why not use the space for underground parking instead of filling for
surface lots? Make use of the grade change across the site to hIde parking.
-Great idea about the trees along the railroad tracks. Bc surc to follow through on that.
-Like the walkability being built in with trees and sidewalks.
-I'm happy that the willows along the creek will be saved.
Appendices - 70
.1.\h!ond Rai/mad Properly Masler P/al/ . ,Ish/and, Oregon
EVENING \VORKSHOP - APRIL 24TH, ~O()I
-Encourage scattered low income housing (especially for students).
-Make sure that the center area can accommodate a transit hub.
-Don't encourage "lIldustrial" type development.
-Tic 111 Greyhound, shuttles, lockers, etc. 11110 transit hub
-Encourage wider open space.
-Concern about security and lighting on industrial buildlng.s close to ITsldenees.
-Comment t1mes were not convenient for working people.
-R Ipanan area not large enough - don't like the idea of a road crosslIlg the creek.
-Truck route is very important (especially on the south side of the railroad tracks).
-Where will low-wage people live'?
-Mountain creek is the name of the waterway running through the east sIde of the property.
-Make sure any bridge that goes over Mountain Creek allows for wildlife to pass under It.
Ashland Railmad Property Master Pial/ . Ashlal/d, Uregon
Appendices - 7 J
ENVIRONMENTAL TECHNICAL MEMO
Parametnx, Inc.
Consultants in Engineerlllg and Environmental Sciences
700 NE Multnomah St, Suite 1160, P0I1land. OR 97232-213]
503-233-2400 - Vancouver: 360-694-5020 - Fax 503-233-4825
Date:
To:
From:
Subject
December 15, 2000
Laurence Qamar - Lennertz Coyle & Associates
Rick Malin -- Parametrix, Inc.
EnVironmental ReVIew - Opportunities & Constra1llts
Ashland Rail Yard Site
275-2317 -002
Ashland Railroad Property TransportatIOn and Land Use Plan
Project Number:
Project Name:
This memorandum presents an examination of the environmental issues associated with the Ashland Rail Yard site (the
Yard) located in Ashland. Oregon. A Remedial Investigation (RI) of the Yard was completed and based on Its findings
a Feasibility Study (FS) was then conducted to evaluate cleanup alternatives for the Yard. The recommended cleanup
alternative presented in the FS is to excavate all soils that contain contaminants of concern exceeding commerclal/
reSIdentIal cleanup goals and disposing those soils off-site.
Successful ImplementatIon of the recommended alternative would eliminate any contaminant-related constraints
associated \Vlth redeveloping the Yard. Potential opportunities associated with the recommended cleanup alternative
include incorporating some of the older Rail Yard former structure foundations In the sIte redevelopmem and taklllg
opportunity of the earth work required to complete the remedial action of the Yard. There arc no constralllts related to
site contamination if the recommend cleanup action is successfully completed. However, there is a naturally occurring
pond located adjacent to the central northern property boundary that reportedly is a designated wetlands capable of
supporting aquatic life. Redevelopment plans will need to address this wetlands designation of the pond.
This memorandum is organized III the following manner. Site historical usage is first summarized along With specific
activities that need to be considered in cleanlllg up the Yard. Environmental investigation findings completed at the
Yard arc then summarized. The areas of the Yard requiring cleanup, cleanup reqUIrements, methodologIes, and
alternatives conSidered in the FS are then discussed. The final section of this memorandum then exam Illes site
redevelopment opportunities and constraints associated with successful implementation of the proposed cleanup
alternative. Attached is a copy of Figure 2-3 from the revised draft FS report showing the areas exceeding industnal
and reSIdential cleanup goals. Figure 2-3 also shows existing features. Several relevant historical features have been
added to the figure.
Infollllation presented in this memorandum is based primarily on a review of the revised draft Feasibillly Study (FS)
Report for the Ashland Rail Yard, dated November 14, 2000. Further understanding of site issues and status is based
on communicatIons with the Oregon Department of Environmental Quality (DEQ) site project manager.
The area being considered by the City of Ashland Railroad Propel1y Land Use and Transportation Plan (the Plan) is a
74- acre landmass. Approximately 49 acres of this area cunently exists as vacant or partially vacant land owned or
previously owned by the Union Pacific Railroad (UPRR). In May 2000, the UPRR land was partitioned into seven sales
parcels follo\ving rezoning of the Plan area to E-I with residential overlay. Parcels I through 5 have received no
.1sh/and Railroad Proper!.!' A!IL'ifer PIlll/ . Ash/al/d, Oregon
Appendices - 7:>
further action approvals from the DEQ Indicating that environmental issues, If present. have been addressed in a
manner acceptable to the DEQ The remaining two parcels, Parcels 6 and 7, consist of approximately 2 and 20 acre
areas, respectively. Environmental activities leadmg to a no further action approval have recently been completed on
Parcel 6 located adjacent to the west side of Parcel 7. The remaming parcel, Parcel 7 operated as a locomotive
maintenance and refueling station along with railcar repairs and is refcrred to as the rail yard. As a condition of the
propel1y partitioning, the City of A shland restricted further development or land division of Parcel 7 until the property
has been cleaned to residential standards, with written compliance prOVided by the DEQ. The FS report addresses the
remediation of
Parcel 7.
SITE BACKGROUND
The Ashland rail yard (the Yard) served as a locomotive mamtenance, service, and railcar repair facility between] 887
and] 986. DUring this span of time steam powered locomotives were replaced by diesel locomotives. Development of
the Yard reached its peak in the early 1900s With some additional operations buildmgs added during the] 920s.
Locomotive maintenance and car repair functions occurred during the 1900s to early I 970s. Most locomotive fueling
and maintenance facilities were decomnllssioned before] 960. Maintenance, fueling, and repair operations appear to
have been performed in the same areas over time. Reportedly, no railroad maintenance activities were performed west
of the car repair shed or east of the drip slab.
]n the mid-I 980s, a locomotive refueling and maintenance drip slab was constructed at the site. During installation of
the drip slab, ballast and soil Impacted by fonner fuelmg operations were removed to the top of a perched groundwater
zone, whlCh was encountered at 3.5 feet below ground surface (bgs). The removed ballast and impacted soil was placed
into the rail yard turntable pit. Three holdmg ponds (referred to as Pond C) were located in thc n0l1heast corner of the
Yard and used between ]938 and ]978 for retention ofwastevvater. During closure of the Pond C area, excavated soli
from the Pond C area was also placed into the former turntable pit. Followlllg installation of the drip slab, nine passive
product recovery wells were installed Just north of the dnp slab to remove floating product from a perched groundwater
zone. An oil/water separator was used to remove 011 from the wastewater resultmg from locomotive fueling and service
operations in the drip slab area and to treat water recovered from the product recovery wells. The treated water was
then discharged to the larger of the two ponds (Pond A). A second pond (Pond B) was used for containment of
overflow from Pond A.
ENVIRON?vlENTAL INVESTIGATION FINDINGS
The Yard has been the focus of environmental IIlvestigations since the early] 990s. Environmental site assessments
were completed 111 ] 991 and 1992 by the Southem Pacific Transp0l1ation Company (SPTC), the previous owner of the
property. ]n 1993, SPTC entered into a voluntary cleanup agreement with the DEQ. UPRR purchased the property in
1996 and continued the cleanup investigation. The Remedial Investigation of the Yard, consisting of two phases, was
completed in 1999.
The Remedia] Investigation (RJ) identified the following sources of environmental impacts at the Yard:
Locomotive fueling and fuel storage (Bunker C and diesel).
Locomotive maintenance and car repair (paints and solvents).
Waste disposal (landfill - debriS pile).
Wastewater retention at Ponds A, B, and C (petroleum).
Possible application of lead arsenate pesticides.
Ashland Railmad Properlv Master Plall . Ashlalld, Uregon
Appendices - 73
Identified contaminants of concern (COCs) at the site arc:
Lead and arsenic - soil.
Long challl pctroleum hydrocarbons (Bunkcr C) - soil and limited groundwater.
Polynuclear Aromatic Hydrocarbons (PAHs) - soil.
The geology beneath the Yard has been characterized down to approximately 35 feet bgs. Based on site borehole data,
four lithologic units were Identified. The predommant unit is descnbed as a silty/clay umt that IS generally
cncountered between 3 to 25 feet bgs. A discontinuous sand unit has been encountered within the silty/clay umt and is
typically saturated. A pal11ally cemented dense sandy silt was found to underile the silty/clay unit. A surface soil umt
consistmg of either native sandy clay or an imported fill material overlies the silty/clay umt.
The contammants of concelll identified at the Yard can be characterized as having low mobility. The geologiC
conditions Identified at the site, predominantly characterized as fine-grained material with low permeabJ\lly, would
further serve to limit contaminant migration.
Based on the findings of the RI, a human health risk assessment was completed. The exposure assessment identified
inhalation, ingestlOn. and skm contact of affected soils as the exposure pathways of concern. Based on the human
health risk assessment, risk-based cleanup goals for constituents of concern in soil were established for the site for two
usage scenanos. These two scenarios are I) the industrial worker or commercial/mdustnal land use scenario and 2) the
reSident or commerciallresidential land use scenario. Risk based concentrations were not developed for groundwater
because impacts to groundwater arc considered negligible and not considered to be of concern. Detected contaminants
of concelll m groundwater arc below drinking water standards and have been decreasing over time. Shallow
groundwater is not being beneficially used nor is there evidence that off~site migration is occurring. The RI mdicates
that there appears to be an off-site source (gasoline'l) that is migrating on to the Yard site.
An ecological nsk assessment was also completed as an clement of the RI. The results of the ecological nsk assessment
indicated that the Yard is not known to serve as a habitat for any rare, threatened, or endangered species. Ecological
sereenmg of the three ponds found that no exeeedanees were identified for a naturally estabilshed pond !located adjacent
to the central north site property boundary. The natural pond is designated as wetlands With benefiCIal uses that
include the capacity to maintain aquatic life. Ponds A and B have petroleum concentrations greater thcm the criterion
established by the DEQ. Single detections of lead and selenium in the pond water exceeded federal amtnent water
quality cnteria. The average sediment sample concentration in the natural pond is below ecological screening enteria.
Two PAJ-Is in Pond A and B sediments were above the screening criteria.
FEASll3ILlTY STUDY FINDINGS
As a condition of partllioning the UPRR property, the City of Ashland restricted further development or land diVision
of Parcel 7 or the Yard until the propel1y has been cleaned to residential standards, with wntten compliance provided
by the DEQ. Therefore, the risk-based cleanup standards developed for the site based on the resident or commercial!
residential land use scenario were applied in the revised draft Feasibility Study (FS) Report. Based on this cleanup
standard, approximately 5,600 cubic yards of soil were identified as contaimng contaminants of concern with
concentrations that exceeded residential cleanup goals. The presence of hot spots was not Identified as belllg present at
the Yard. A hot spot is as an area where contamination is highly concentrated, highly mobile or cannot be reliably
contained.
Appendices - 7.f
.ish/and Railmad Proper/v Masler Plan . Ash/and, Oregon
The FS identified five areas that require remedial actlOn. These areas area:
Locomotive maintenance and service area.
Former car repair shed area.
Forn1er drip slab area.
Ponds A and B.
Former Pond C area.
In addition to the above five remedIal actIOn areas. the FS Identified five features associated wHh the Yard operations
that requIre removal and/or remedial action:
The oil/water separator, underlying afTccted soil, and the associated tank saddles.
Backfilling Ponds A and B.
The Bunker C area within the fornler landfill area.
Ballast and residual petroleum near the former drip slab foundation.
All oil collection culverts and recovery wells, piezometers, free product observation probes, and monitoring wells.
The FS report initially reviewed three general remedIal response actions along with the no action response. Remedial
technologies assocIated With each general response action were brictly evaluated and screened with respect to remedial
actIon obJectives for the site.
The three remedial response actions considered and technologies considered with these actions arc the following:
Engineering and/or institutlOnal controls: asphalt or concrete cap, soil or gravel cap, land use restriction.
Treatment: in SItU bioremediation, 111 sHu phytoremedlatlon, phytoextractlOn, rhlzosphere biodegradation. in situ
soil flushing, pneumatic fracturing, excavation and ex situ treatment. above-ground treatment cell bioremedlatlOn,
thermal treatment. ex SItu soil washing. stabill7atlOn/sohdlficatlon, asphalt incorporation.
Excavation and ofT-site disposal WIthout treatment: excavation and off-site disposal, and excavation and on-site
encapsulation.
Several of these technologies were retained and used to develop five remedial action alternatives. The five alternatives
are:
No Action ~ ThIs action alternative is used to establish a baseline against which the degree of remediation and
associated costs of the other alternative can be prepared.
Engineered Soil Cap ~ This ae!ion would involve placement of a two-foot thick soil cap over those areas exceedlllg
cleanup goals.
Excavation and Off-Site Disposal ~ Soils exceeding cleanup goals would be excavated and transported off site for
treatment or disposal.
Excavation with Asphalt Incorporation and On-SHe Reuse - Soils exceedlllg cleanup goals would be excavated
then incorporated into asphalt, which could be used on site in roadways and parking lots during redevelopment.
Excavation with Off-Site Disposal and On-Sue Encapsulation - Petroleum-impacted soils and soils exceeding
industrial goals would be excavated and transported ofT site for disposaL Soils exceeding residential cleanup goals
for PA Hs and metals would be excavated then either buried on site beneath asphalt or concrete, or transported off
site for dIsposal.
.ish/and Railroad Properrv Master Plall . Ash/lind, Oregon
Appendices - 75
Alternatives 2, 3, 4, and 5 have common tasks that address surface features associated with former Yard operations.
These tasks include the followll1g:
Remove the oil/water separator, mcludll1g affected soils and the tank saddles near the separator.
Abandon the oil collection culvel1s and recovery wells, free-product observation probes, piezometers, and
monitoring wells.
Backfill Ponds A and B.
Excavate and off-SIte dispose soils In the Bunker C area.
Remove the ballast and residual petroleum associated with the former drip slab area.
Prepare a site-specific health and safety plan.
Each of the above remedial alternatives was evaluated in a manner consistent wIth DEQ requIrements The results of
the evaluation found that Alternative 3, excavation and off-SIte disposaL best satisfied the protectIveness criteria, the
remedy selection-balancing factors and is cost effective. The DEQ has indicated that they support thIS proposed remedy
selection.
Implementation of Alternative 3 would consist of excavatmg and stockpIling impacted soil, collecting and analyzing
soil from the base and sidewalls of the excavatlOns to verify that remaining soils are below the cleanup goals,
transporting the stockpiled Impacted soIl to an approved Ot1~Sltc treatment of disposal facility, and backfilling the
excavations with clean imported soil.
SELECTED REMEDY CONSTRAINTS AND OPPORfUNlTIES
Based on selection of Alternative 3 as the recommended remedial action for the Yard the followmg constramts and
oPP011unities are identified with respect to future development of the site as a mIxed commercial and reSIdential use.
CONSTRAINTS
Removal of all soils, sediments, and debris that contam contamlllants of concern that exceed the established residential
cleanup goals would remove all environmental constraints associated with the Yard. If successfully implemented, no
deed restrictions would encumber the property nor would any long-ternl remedial action maintenance be required.
The natural pond located adjacent to the central north property boundary is not identified as requlflng remedial action.
However, the FS report indicates that the natural pond is designated as wetlands with beneficial uses that include the
capacity to maintain aquatic life. This designation wIll need to be considered in redeveloping the property.
The debris landtilllocated in the northeastern area of the Yard does is not specifically identified as an area requiring
remedial action. The identified Bunker C removal area appears to be located adjacent to the northern Side of the debris
landfill. Debris materials in the landfill may not be suitable for redevelopment and require removal.
The FS report indicates that impacted materials were placed III the existll1g turntable pit. Removal of tl1l5 material is
not identified in the FS report. However, the DEQ is aware that this material is present and will require that it be
removed as part of the site cleanup action.
Ashland Railroad Propert\' Master Plan . Ashland, Oregon
ApfNlldices - 76
OPPORTUNITIES
The removal of allunpacted sods and materials that contain contaminants of concern that exceed the site residential-
based cleanup goals Will allow for a wide range of redevelopment options to be conSIdered without being encumbered
by contammatlon issues both in the short and long-ternl.
Redevelopment of the sIte could conslder lIlcorporatmg the existing foundations of the locomotive roundhouse and the
turntable. These two structures were reportedly constructed in 1896 and represent the first two major rad yard
operatIOns structures. Assuming that during rail yard operations the foundatIons of these two structures remallled
intact and were not compromised, the sods under these foundatIOns should not be Impacted Therefore. It should be
pOSSible to retain these hlstonc foundations as an clement of the Yard redevelopment. The exposed pOJ1ions of the
foundations would potentially need to receive some surface cleaning.
ImplementatIon of the remedial action will involve some substantial soil removal particularly in the eastern ponion of
the site. Earthwork associated with the remedial action could take in consideratIOn site redevelopment plans Such
consideration could allow for regrading ofponions of the site to fit site redevelopment plans and may reduce remedial
action costs by reducing the amount of clean soil required to backfill the excavations.
.ish/and Razlmad Property Master Pilm . Ashland. Uregon
Appendices - 77
CITY OF
ASHLAND
Council Communication
AN ORDINANCE AMENDING AMC 15.28 TO IMPLEMENT THE
2004 OREGON FIRE CODE
October 3,2006
Ashland Fire & Rescue
rtments: Community Development
ter Department
Primary Staff Contact: Margueritte Hickman
E-mail: HickmanM@ashland.or.us
Secondary Staff Contact: Keith E. Woodley
E-mail: WoodleyK@ashland.or.us
Estimated Time: 45 minutes
Statement: The City Council adopted the 2004 Oregon Fire Code (based on the 2003 International
Fire Code with Oregon Amendments) on November 15,2005. The Oregon Fire Code is a statewide
minimum fire code, and local jurisdictions may adopt and amend the state code providing
modifications are more stringent. The adopted version of the Oregon Fire Code by the City of Ashland
contains two provisions which are less ~tringent than the state requirements. The City Council directed
the Fire Department to return to a study session to identify fire protection issues in the City that could
be addressed by the Fire Code. After reviewing the fire code and reviewing development sites, areas
of improvement were identified. At the June 8, 2006, meeting, the Fire Department presented
information regarding the two less stringent code issues, a draft vegetation management ordinance and
inspection efforts necessary to assure the Fire Code is implemented. The City Council requested that
staff return with actionable items and assessment of potential impacts on the community.
Background: Because the Oregon Fire Code is a minimum code, the City Council has expressed
concern that it has been adopted by the City of Ashland with two code provisions, which are less
restrictive than the state standards. The Oregon State Fire Marshal's Office has advised that the City
of Ashland is within its legal limits to be less restrictive of the following two provisions: (1)
Increasing the length of a dead end which requires a turn-around from 150 feet to 250 feet and (2)
decreasing the minimum fire flow for single family dwellings from 1000 gpm to 750 gpm. ORS
368.039 allows road standards adopted by local government to supersede standards in the fire code,
which applies to the turn-around standard. Oregon Fire Code Appendix B103.1 authorizes the fire
chief to reduce fire-flow requirements for buildings in rural areas or small communities where the
development of full fire-flow requirements is impractical.
To determine the potential impact of modifying the turn-around requirements, fifty-eight single family,
subdivision and accessory residential unit building permits were reviewed. There were four
turnarounds required for new single family and new accessory residential units, and one additional
turn-around was required for a multi-family dwelling project. If the Oregon Fire Code requirement for
a fire apparatus turn-around on dead ends greater than 150' is adopted, a turn-around would have been
required on two additional projects over the last seven months. Turn-arounds are considered fire
r.,
apparatus access and must be constructed with an all-weather surface, supporting 44,000 pounds.
Attached is a diagram of approved turn-arounds.
The Community Development Department has noted that the adoption of this turn-around requirement
could result in potential impacts, particularly within hillside areas, relating to site development. An
increase in turnarounds would likely result in additional areas of cut and fill on slopes. Ashland's
Hillside Development Standards attempt to maintain the identity of these lands by evaluating changes
that could result in increased erosion, severe cutting and scarring. Consequently, the incorporation of
additional turnarounds could present some design challenges when balancing the public's interest in
minimizing soil disturbance and limiting changes to areas adjoining existing trees. If the City Council
desires to adopt the Oregon Fire Code amendment for a fire apparatus turn-around on dead ends
greater than 150', Chapter 18 ofthe Ashland Municipal Code will need to be amended as well. In
order to prevent conflicting codes, a simultaneous adoption would need to occur.
City Council also expressed concern about the reduced allowance for fire flow in the Ashland
amendments. The Oregon Fire Code requires 1000 gpm minimum fire flow for single family
residences and duplexes. With the installation of a residential fire sprinkler system, the Oregon Fire
Code allows a 50% reduction in fire-flow, which would reduce the required fire flow to 500 gpm. In
1991, the City of Ashland adopted a reduced fire flow of750 gpm, which allows a minimum fire flow
of375 gpm with the installation ofa residential fire sprinkler system.
After reviewing the current fire flows with Water Department Staff, it was found that significant
improvements since 1991 to the City of Ashland's water system will allow the present water system to
meet the requirements of the Oregon Fire Code in most areas of the City. However, some areas would
require the installation of a fire sprinkler system. Based on current fire flow data, there is one location
that would not meet minimum fire flows even with a residential fire sprinkler system at the end of
Ashland Mine Road. In the lower fire flow areas, the Oregon Fire Code could still be met with the
installation of residential fire sprinklers.
The areas that would be affected by adopting the state standard for water flows are primarily located at
higher elevations, above the boulevard, and are identified on the fire flow map. Development in these
locations would need to install a residential fire sprinkler system in order to meet the fire flow
requirements; and the current City of Ashland amendments provide an allowance to reduce the fire-
flow below the minimum with additional fire protection measures. A monitored fire sprinkler system
has been accepted as an alternative to meeting the minimum fire flows. This allows for automatic
detection and report to a dispatch center, resulting in quicker response by the fire department in the
event that the fire sprinkler system activates.
A draft Vegetation Management Ordinance was also presented at this meeting; however, it has not
been included as an actionable item at this time. After the Council study session, Planning Department
staff expressed concern that there would be conflicts with C~apter 18 and concerns about the process
of implementation. Planning Department staff has recommended a study session with the Tree
Commission and a review by Planning Department staff to determine any conflicts with Chapter 18.
The Fire Department is scheduled to meet with the Tree Commission on October 5, 2006.
In order to make sure that Fire Code requirements are actually implemented, an inspection needs to be
made after the completion ofthe project. The Fire Department is not inspecting access and water
supply components until a complaint is generated or a maintenance inspection is requested. It would
be more efficient for staff and better service to the customer if the Fire Department were involved in a
r.l'
1
final inspection. While completing a final inspection for each project will take more staff time on the
front end, it will save much research time for code requirements and complaints in the end. Staff
recommends the pursuit of improvements in Fire Code related final inspections by Fire Department
staff in new projects.
Related City Policies: AMC 15.28.010 Adoption of Oregon Fire Code
Council Options: Amend the Fire Code with one or both amendments as revised which eliminates
the less restrictive language or take no action
Staff Recommendations:
Staff recommends adopting the Oregon Fire Code which would increase the minimum fire-flow to
lOOO gpm as identified in item "E" of the ordinance amendment. Adoption of the ordinance as shown
removes the Ashland amendment to this code provision.
Staff recommends the pursuit of improvements in Fire Code related final inspections by Fire
Department staff in new projects.
If Council chooses to change the turn-around requirement, staff recommends bringing forth an
amendment to the Land Use Ordinances simultaneously to avoid code conflicts.
Potential Motions: Move to amend the Fire Code as indicated in the attached ordinance.
Attachments:
Fire Flow Map
Approved Fire Apparatus Turn-arounds
Fire Code with 2006 Amendments
r.,
Minimum Turn~Around Standa'rds
90'
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL
CODE RELATING TO ADOPTION OF THE 2004
OREGON FIRE CODE
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
Annotated to show deletions and additions to Ordinance No. 2929 adopted on August 18, 2006.
Deletions are shown as strike througns and additions are underlined.
Section 1. Ashland Municipal Code, Chapter 15.28.070, is amended to read as follows:
SECTION 15.28.070 Amendments to the Oregon Fire Code
The Oregon Fire Code is amended in the following respects:
A. Section 503.2.5 Dead Ends: Change 150 feet in length to 250 feet in length.
B. Section 506.1 Replace the second sentences as follows: The key box shall be of an
approved type, installed and maintained in accordance with manufacturers instructions,
and shall contain keys to gain necessary access as required by the fire code official.
C. Section 508.5.1 & Exceptions Delete and replace with the following: The approved
fire apparatus operating area must be located within 300 feet from a hydrant, as
measured by an approved route, along an approved driving surface. With the
installation of an approved automatic fire sprinkler system, hydrant distance may be
increased to 600 feet.
D. Section 3301: Notwithstanding the exceptions listed in this section, the sale of DOT
classification 1.4G (Class C common fireworks) is prohibited within the City of Ashland.
The use of common fireworks within the City of Ashland is prohibited during any
declared fire season except when the sale of fireworks is permitted within the State of
Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year). (Ord 2871,2001;
Ord 2876, 2002)
L Appendix 0, section 105.1: Replace the entire section as follo~vs: The minimum fire
flovv' requirements for one- and two family dwellings having a fire-flow! calculation area
which does not exceed 3,600 square feet shall be 750 gallons per minute. rire f1o'v"Y' and
flO'vv duration for one and two family dwellings ha'v'ing a fire-flo'Y\' calculation area in
excess of 3,600 square feet shall not be less than that specified in Table 0105.1 . "
"EXCEPTIONS":
1. A reduction in required fire f1ovy' of 50 percent, as appro'v'ed by the rire Code Official,
is allowed 'lIvhen the building is provided 'v'~ith an appro'ved automatic
fire sprinkler system.
2. One and tv-vo family dwellings in excess of 3,GOO square feet, "V'vhen equipped with an
approved automatic sprinkler system, may have a minimum f1ovY" of at least 375 gallons
per minute. If minimum fire flow as specified in table 0105.1 cannot be met after the
50% reduction credit is applied, then the fire sprinkler system shall be monitored by an
alarm company.
PE. Appendix D105.1 Change first sentence as follows: Buildings or portions of
buildings or facilities exceeding 24 feet in height above the lowest level of fire
department vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the
day of
,2006, and
duly PASSED and ADOPTED this
day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
1 - FIRE CODE AMENDMENT ORDINANCE G:\IegaI\Office\ORD\F\Fire Code Amendment Ord 0906.wpd
"1
CITY OF
ASHLAND
Council Communication
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL
CODE RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE
CONTRACTS r;!f
Meeting Date: October 3, 2006 Primary Staff Contact: Mike Franell, 488-5350~
Department: Legal franellm@asWand.or.us .
Contributing Departments: Legal \\~ Secondary Staff Contact: Kari Olson, //,1
Approval: Martha Bennett\J' \
Statement:
This ordinance revises chapter 2.52 of the municipal code to simplify the process for the
selection of personal services contractors and to more closely track the limitations for public
contracting recently adopted in the revisions to chapter 2.50. The revisions add two exemptions
from competitive selection for sole source contractors and emergency contracts and raise the
limit for selections using competitive quotes from $25,000 to $75,000. The revisions also make
the selection of architects, engineers and surveyors subject to the same rules as other personal
services contractors.
Background:
Prior to the complete overhaul of the public contracting laws by the legislature in 2003, the rules
governing the selection of personal services contractors were adopted by council resolution. In
2005, chapter 2.52 of the municipal code was completely rewritten to incorporate into ordinance
form those rules as well as to update the rules to comply with the new legislation. Chapter 2.52 is
being revised at this time to further update the selection rules and to make them more consistent
with the competitive bidding rules adopted in chapter 2.50.
Related City Policies
The city for several decades has utilized a policy of competitive selection for public contracting
and for personal services contracting. As noted above, the existing policies are embodied in
chapters 2.50 and 2.52 of the municipal code. In addition the Department of Finance and
Administrative Services, Purchasing Division, augments the above policies and rules with its
Accounts Payable and Purchasing Procedures.
Staff Recommendation:
Adopt the amendments
Potential Motions:
Move to second reading An Ordinance Amending Chapter 2.52 of the Ashland Municipal
Code Relating to Rules of Procedure for Personal Service Contracts
Attachment: An Ordinance Amending Chapter 2.52 of the Ashland Municipal Code
Relating to Rules of Procedure for Personal Service Contracts
1
r6'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ASHLAND MUNICIPAL CODE
RELATING TO RULES OF PROCEDURE FOR PERSONAL SERVICE CONTRACTS
Annotated to show deletions and additions to the code sections being modified. Deletions
are lined through and additions are underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Chapter 2.52 of the Ashland Municipal Code is amended as follows:
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
Chapter 2.52
PERSONAL SERVICES CONTRACTS
Definitions.
Purpose.
Porson31 Sorvico Contracts Listod.
Rules and Procedure
Formal Competitive Selection Procedures-Exemptions.
Screening Criteria.
Selection Process.
Repealed by 2917
Repealed by 2917
Section 2.52.010 Definitions. The definitions set forth in Ashland Municipal Code
Section 2.50.010 are incorporated into this chapter as thouqh fully set forth in this
section.
Personal Service Contract: A personal service contract is a contract primarily for the
provision of services that requires specialized. technical. creative. professional or
communicative skills. talents. unique or specialized knowledqe. or the exercise of
discretionary iudqment skills. and for which the quality of service depends on attributes
that are unique to the service provider. Such services include, but are not limited to,
architectures, enqineers. land surveyors and related services as defined in ORS
279C.120(6), accountants. attorneys, auditors and other licensed professionals. artists.
desiqners, computer proqrammers. performers. and consultants. The Public
Contractinq Officer. the City Administrator or their desiqnee shall have the discretion to
determine whether a particular type of contract or services falls within the cateqory of
1
G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc
personal services.
1\. "Personal sorvice contracts" include contracts for services that roquire
specialized tochnical, artistic, creative, professional or communication skills or talent,
unique and specialized knowledge, or the exercise of discretionary judgmont skills, and
for which tho servico depends on attributes that are uniquo to the service providor, othor
than contracts for an architoct, onginoor, land survoyor or provider of relatod sorvices as
defined in ORS 279C.100.
B. "Purchasing Agont" means the Financo Director or his/her designee 'Nho has tho
authority to enter into personal service contracts.
C. "Formal competitive selection procoduros" means procoduros for tho soloction of
personal sorvico contracts, which shall bo tho same formal proceduros as are roquired
for tho soloction of goods and services as required by ORS 279B.060 (compotitivo
soalod proposals) and as clarified in tho Model Rules, OAR 137 047 0260.
D. "Formal compotitivo soloction procoss" moans tho process of using formal
compotitive selection procedures for the selection of personal sorvice contracts.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.020 Purpose.
Personal service contracts will be used to retain the services of independent contractors
(other than contracts for an architoct, onginoer, land survoyor or pro'.'idor of rolatod
servicos as defined in ORS 279C.1 00). Nothing in this section shall apply to the
employment of regular city employees.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.030 Personal Sorvice Contracts Listed.
Pursuant to ORS subchapter 27QA055(2), tho following contracts or classes of
contracts for personal services shall not bo subject to the rules of procedure of Chapter
2.50 or tho Modol Rules unless providod horoin:
A. Accountants;
B. Appraisors;
C. Computor programmors;
D. Lawyers;
E. Psychologists;
F. Invostmont Consultants;
G. Insurance Consultants;
H. Advortising Consultants;
I. Markoting Consultants;
J. Graphics Consultants;
K. Training Consultants;
L. Public Relations Consultants;
M. Communications Consultants;
N. Data Processing Consultants;
O. Management Systoms Consultants;
2
G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc
P. Any othor porsonal service contracts or classes of contracts that the Purchasing
,A,gent or his/her designee identifies as personal service contracts.
(Ord 2917, Amended, 03/01/2005)
2.52.040
Rules and Procedure.
Personal service contracts are subject to the rules established by this section:
,".. Unloss otherwise approvod by tho Purchasing Agont, all personal sorvico
contracts shall roquire the contractor to dofend, indemnify, and hold harmless the City,
its officors, agents and employoos against and from any and all claims or demands for
damagos of any kind arising out of or connected in any way with the contractor's
porformance thorounder and shall include a waivor of contractor's right to ORS 30.285
and ORS 30.287 indomnification and defense.
B. Unloss otherwiso appro'Jod by tho Purchasing Agont, porsonal service contracts
shall contain a provision requiring tho porson or ontity providing tho sorvico to obtain
and maintain liability insurance coverage in at least tho amount of the City's tort liability
limits, naming tho City as an additional namod insured, during tho Iifo of tho contract.
C. All porsonal service contracts shall contain all contract provisions mandated by
stato la':1 and by tho !\shland Municipal Code. These provisions may be incorporated in
tho personal sorvico contract by reference unless othen','iso provided by lav,'.
A. All personal service contracts shall contain the provisions set forth in Exhibit A of
AMC 2.50 as well as any others required by federal or state law or the Ashland
Municipal Code.
B. All personal service contracts shall be siqned by both parties before any work or
service may commence.
D. The formal competitive selection procedures described in this soction may bo v,'aivod
by tho Purchasing Agont whon an omorgoncy oxists that could not have been
reasonably forosoon and requires prompt execution of a contract to romedy the
situation that thoro is not sufficiont time to permit utilization of tho formal compotitivo
seloction proceduros.
eC. Personal service contract proposals may be modified or withdrawn at any time
prior to the conclusion of discussions with an offeror.
~D. The Purchasing Agent shall establish internal procedures for the review,
processing, and listing of all contracts, whether procured through a formal competitive
selection process, or exempt from the formal competitive selection procedures. Such
review shall include a method for determining compliance with these rules.
G. For porsonal sorvice contracts that are anticipated to cost $5,000 or loss, such
contracts must be memorialized by a formal purchase ordor.
.H. For porsonal sorvico contracts that are anticipated to exceod $5,000, but not
excood $25,000, at least throo compotiti'Jo writton quotos from prospective contractors
y,'ho shall appoar to ha'lo at loast minimum qualifications for tho proposod assignmont,
shall be solicitod. Each solicitod contractor shall bo notifiod in reasonable detail of the
proposed assignmont. Any or all interested prospoctivo contractors may bo intorviowod
for tho assignmont by an appropriato City omployee or by an intorviow committee.
hE. For personal service contracts that are anticipated to cost in excess of $25,000,
3
G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc
$5,000, the GDepartment-hHead for the department that needs the services shall make
the following determinations:
1. That the services to be acquired are personal services;
2. That a reasonable inquiry has been conducted as to the availability of City
personnel to perform the services, and that the City does not have the personnel nor
resources to perform the services required under the proposed contract; and
3. That the department has developed, and fully plans to implement, a
written plan for utilizing such services which will be included in the contractual statement
of work.
J. All pomonal service contracts exceeding $25,000 shall be based upon formal
compotitive selection proceduros, except as expressly pro~Jided in this subsection, or by
subsoquont ordinanco or rosolution. For personal service contracts that aro anticipated
to cost in oxcoss of $25,000, tho department head for the department that noods tho
sorvicos shall follo~l.' the formal competitive seloction procedures for formal compotitivo
soalod proposals as found in tho Model Rules, OAR 137 047 0260. Rogardloss of
whothor a personal servico contract is exempt from the formal competitivo soloction
process or not, no service or ~l.'ork may be performed until a purchase ordor has boen
issued. This requirement may bo \a.'3i'led, hO'Never, v.'hen circumstancos oxist that
creato a substantial risk of loss, damage, interruption of sorvicos or throat to public
health or safety and that requiro prompt action to protect the interests of tho City.
(Ord 2917, Amended 03/01/05)
Section 2.52.050 Formal Competitive Selection Procedures-Exemptions.
Contracts for porsonal services aro oxompt from formal competitive soloction
procedures if any of the following conditions exist: All personal service contracts shall
underQo a screeninQ and selection process as outlined below except for these tvpes:
A. Tho contract amount is anticipatod to bo $25,000 or less. The contract has a total
value of less than $5,000 provided it is memorialized by a formal purchase order. A
personal service contract awarded under this section may be amended to exceed
$5,000 only upon approval of the Public ContractinQ Officer, and in no case may exceed
$6,000. A personal service contract may not be artificially divided or fraQmented.
B. Contract amendments, which in the aggregate change the original contract price
or alters the work to be performed, may be made with the contractor if such change or
alteration is less than twenty-five (25%) of the initial contract and are subject to the
following conditions:
1. The original contract imposes binding obligation on the parties covering the
terms and conditions regarding changes in the work; or
2. The amended contract does not substantially alter the scope or nature of the
project;
4
G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc
C. The Purchasing Agent finds that there is only one person or ontity within a
reasonablo area that can provido sorvicos of the type and quality required. The
Department Head finds, in writinq and at his or her discretion, that there is only one
person or entity within a reasonable area that can provide services of the type and
quality required.
D. The contract for servicos is subject to selection procedures established by the
State or Federal government.
E. The contract is for non-routine or non-repetitive type legal services outside the Legal
Department.
F. The contract is for an emerqency as defined in AMC 2.50.080 and the procurement
procedure set forth in AMC 2.50.080 is complied with for awardinq an emerqency
contract.
(Ord 2917, Amended, 03/01/05)
Section 2.52.060 Screening Criteria.
The following criteria shall be considered in the evaluation and selection of a personal
service contractor for personal service contracts:
A. Specialized experience in the type of work to be performed.
B. Capacity and capability to perform the work, including any specialized services
within the time limitations for the work.
C. Educational and professional record, including past record of performance on
contracts with governmental agencies and private parties with respect to cost control,.
quality of work, ability to meet schedules, and contract administration, where applicable.
D. Availability to perform the assignment and familiarity with the area in which the
specific work is located, including knowledge of designing or techniques peculiar to it,
where applicable.
E. Cost of the services.
F. Any other factors relevant to the particular contract.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.070 Selection Process.
The following rules shall be followed in selecting a contractor for personal services:
A. Porsonal service contracts less than $5,000, may bo awardod in any mannor
doomod practical, including by direct solection or a'.vard by tho Purchasing Agent (or
any porson with purchasing authority).
~ For personal service contracts that exceed $5,000, but do not exceed $25,000
$75,000, at least three competitive written proposals from prospective contractors who
shall appear to have at least minimum qualifications for the proposed assiqnment, shall
be solicited. Each solicited contractor shall be notified in reasonable detail of the
5
G:\legal\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc
proposed assiqnment. Any or all interested prospective contractors ,may be interviewed
for the assiqnment by an appropriate City employee or by an interview committee. The
Department Head for the department that needs the services shall award the contract to
the prospective consultant whose quota or proposal will best serve the interests of the
City, taking into account all relevant criteria found in Section 2.52.060. The Department
Head shall make written findings justifying the basis for the award and retain such
records as required by AMC 2.50.110.
C. For personal service contracts that will cost $75,000 or more, the Department
Head shall award the contract based on AMC 2.50.090.
D. The City official Gonducting the selection of a personal service contact shall
negotiate a contract with the best qualified offeror for the required services at a
compensation determined in writing to be fair and reasonable.
(Ord 2917, Amended, 03/01/2005)
Section 2.52.080
Section 2.52.090
Repealed by 2917
Repealed by 2917
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
day of
,2006,
,2006.
and duly PASSED and ADOPTED this
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
6
G:\legaI\PAUL\ORD-new\AMC 2.52 amended 8-15-06.doc
~ - - I ~
CITY OF
ASHLAND
Council Communication
An Ordinance Revising Ashland Ethics Provisions (AMC 3.08.020)
Meeting Date: October 3, 2006 Primary Staff Contact: Michael W. Franell,Ji#-
Department: Legal E-mail: franellm@ashland.or.usll1
Contributing Departments: Secondary Staff Contact:
Approval: Martha Benn E-mail:
Estimated Time: 20 minutes
Statement:
Attached is an ordinance which would amend the ethics provisions in Ashland Municipal Code. The primary change made
to the current ethics code is to also include elected officials and appointed officials in its applicability. A provision restricting
appointed officials from representing clients for hire before any body of the city on a matter that will or has come before the
body to which the official is appointed to serve has been added. Additionally, procedures for addressing the applicability of
the code provisions has been added, with the City Administrator making that determination for applicability to employees
and the City Council making the determination of applicability to appointed and elected officials.
Background:
The Ashland City Council held a study session March 6, 2006, to discuss the possibility of amending the ethics provisions
within the Ashland Municipal Code. After careful consideration the City Council indicated an interest in:
1) Amending the Ethics provisions currently in the Ashland Municipal Code to be applicable to elected and
appointed officials in addition to applicability to city employees;
2) Adding in a procedure for investigating and enforcing the ethics provisions;
3) Adding a provision similar to provisions in the Gresham City Charter which would require Ashland to have
ethics provisions in its municipal code which can be enforced locally.
The proposed ordinance would amend the ethics provisions in the Ashland Municipal Code to apply to elected and
appointed officials in addition to employees. Additionally, the amendments would prevent an appointed official from
representing clients for hire before any board or commission or before the City Council on matters which would come before
the board or commission on which the appointed official sits. The proposed changes also add exceptions for the use of
public property for private benefit for instances which are specifically set forth as a benefit of employment and for the
granting of special treatment or advantage to a citizen when provided for by law. Finally, the proposed ordinance permits
determinations of applicability by the City Administrator for applicability to employees and determinations of applicability by
the City Council for applicability to appointed and/or elected officials. The sanctions paragraph has been amended to
provide violations are considered cause for discipline.
Related City Policies:
None.
Council Options:
r~'
The Council could adopt the proposed ordinance amending the Ashland ethics provisions as stated
above.
The Council could amend the proposed ordinance.
The Council could reject the proposed changes, thereby, leaving the ethics provisions applicable only
to city of Ashland employees.
Staff Recommendation:
Staff recommends the City Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics
Provisions To Employees, Appointed Officials And Elected Officials by title only on first reading
and move to second reading.
Potential Motions:
I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To
Employees, Appointed Officials And Elected Officials by title only on first reading and move to
second reading.
I move the Council adopt An Ordinance Amending AMC 3.08.020 To Apply Ethics Provisions To
Employees, Appointed Officials And Elected Officials by title only on first reading as amended . . .
and move to second reading. (Note: If you make amendments, please be sure to identify the
included amendments when making this motion).
Attachments:
None.
rtl'
I
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 3.08.020 TO APPLY ETHICS
PROVISIONS TO EMPLOYEES, APPOINTED OFFICIALS AND
ELECTED OFFICIALS
Annotated to show deletions and additions to the code sections being modified. Deletions are
lined through and additions are underlined.
RECITALS:
1. The City of Ashland is committed to the highest ethical standards for its public
officials.
2. As a statement in that regard, in addition to any standards set forth by the state,
Ashland has had its own ethics provision applicable to public employees for more
than 25 years.
3. As a sign of continuing commitment to the highest ethical standards Ashland desires
to extend application of its ethics provisions to appointed and elected officials.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 3.08.020 of the Ashland Municipal Code is amended to read:
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy. The proper operation of democratic government requires that public officials,
including elected officials, appointed officials and employees be independent, impartial and
responsible to the people; that governmental decisions and policy be made in the proper channels of
the governmental structure; that public office not be used for personal gain; and that the public have
confidence in the integrity of its government. In recognition of these goals, there is hereby
established a Code of Ethics for all employeespublic officials, whether paid or unpaid.
The purpose of this Code is to establish ethical standards of conduct for all employeespublic officials
by setting forth those acts or actions that are incompatible with the best interests of the City of
Ashland. It is also the purpose of this Code to assist employeespublic officials in determining the
proper course of action when faced with uncertainty regarding the propriety of a contemplated action,
thereby preventing them from unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards
in the City service, and to increase public confidence in the integrity of City employeespublic
officials.
B. Responsibilities of Public Office. EmployeesPublic officials are agents of public purpose and are
employedengaged for the benefit of the public. They are bound to uphold the Constitution of the
United States and the Constitution of this State and to carry out impartially the laws of the nation,
state and the City, and thus to foster respect for all government. They are bound to observe in their
official acts the highest standards of morality and to discharge faithfully the duties of their office
regardless of personal considerations, recognizing that the public interest must be their primary
concern.
Page 1 of 4
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.^.H~eRElmeRt:~. aEle
C. Dedicated Service. All employeespublic officials of the City should be loyal work to support the
political objectives expressed by the electorate and the programs developed to attain those objectives.
Appointive officials and employees should adhere to the rules of work and performance established
as the standard for their positions by the appropriate authority.
Employees Public officials should not exceed their authority or breach the law or ask others to do
so, and they should work in full cooperation with other employeespublic officials unless prohibited
from so doing by law or by officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly,
in order to obtain preferential consideration in connection with any appointment to the City
service shall disqualify the candidate for appointment except with reference to positions filled by
appointment by the Mayor or Council.
2. Use of Public Property. No employee public official shall request or permit the use of city-owned
vehicles, equipment, materials or property for personal convenience or profit, except when such
services are available to the public generally or are provided as municipal policy for the use of
such employee in the conduct of official business or as a specifically defined benefit in
compensation of employment.
3. Obligations to Citizens. No employeepublic official shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available to every other citizen except
as otherwise permitted by law or ordinance.
E. Conflict of Interest. No employoopublic official, whether paid or unpaid, shall engage in any
business or transaction or shall have a financial or other personal interest, direct or indirect, which is
incompatible with the proper discharge of that employee's public official's official duties in the public
interest or would tend to impair independence of judgment or action in the performance of that
employee'spublic official's official duties. Personal, as distinguished from financial, interest includes
an interest arising from blood or marriage relationships or close business or political association.
Specific conflicts of interest are enumerated below for the-guidance of employees.~
1. Incompatible Employment. No employee shall engage in or accept private employment or render
services for private interests when such employment or service is incompatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's official duties.
2. Disclosure of Confidential Information. No epublic official mployee shall, without proper legal
authorization, disclose confidential information concerning the property, government or affairs of
the City. Nor shall any employee public official use such information to advance their financial
or private interest, or the fmancial or private interest of others.
3. Gifts and Favors. No employee public official shall accept any valuable gift, whether in the form
of service, loan, thing or promise, from any person, firm or corporation which to their knowledge
is interested directly or indirectly in any manner whatsoever in business dealings with the City;
nor shall any such employee (1) accept any gift, favor or thing of value that may tend to influence
the employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any
improper favor, service or thing of value.
4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency of
the City. An employee shall not represent private interests in any action or proceeding against the
interests of the City in any litigation to which the City is a party, unless the employee is
Page 2 of 4
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.\num.drR.ent:;.dee
representing himself/herself as a private citizen on purely personal business. No appointed
official shall represent a client for hire before the board or commission to which that official is
appointed or in any action of proceeding before another board, commission or the City Council
on a matter which came or will come before the board or commission to which that official is
appointed.
No employee public official shall accept a re1;liner or compensation that is contingent upon a
specific action by a-the City agency.
5. Contracts with the City. Any employeepublic official who has a substantial or controlling
financial interest in any business entity, transaction or contract with the City, or in the sale of real
estate, materials, supplies or services to the City, shall make known to the proper authority such
interest in any matter on which that employeopublic official may be called to act in an official
capacity. The omployeepublic official shall refrain from participating in the transaction or the
making of such contract or sale.
All employeepublic official shall not be deemed interested in any contract or purchase or sale of
land or other thing of value unless such contract or sale is recommended, approved, awarded,
entered into, or authorized by the employeepublic official in an official capacity.
6. Disclosure of Interest in Legislation. Any employee or appointed official who has a financial or
other private interest, and who participates in discussion with or gives an official opinion to the
Council, shall disclose on the records of the Councilor other appropriate authority the nature and
extent of such interest.
F. Political Activity. No employee in the administrative service shall use the prestige of their position in
behalf of any political party. No employee in the administrative service shall orally, by letter or
otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or
contribution to any political party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns for candidates while in the performance
of duties in. an official capacity.
No employeepublic official -shall promise an appointment to any municipal position as a reward for
any political activity.
I G. Applicability of Code - Employees. When an employee has doubt as to the applicability of a
provision of this code to a particular situation, they should apply to the City Administrator, who is
charged with the implementation of this code for an advisory opinion, and be guided by that opinion
when given. The employee shall have the opportunity to present their interpretation of the facts at
issue and of the applicable provision(s) of the code before such advisory decision is made. All such
requests for advice shall be treated as confidential. This code shall be operative in all instances
covered by its provisions except when superseded by an applicable statute, ordinance or resolution,
and each statute, ordinance or resolution action is mandatory, or when the application of a statute,
ordinance or resolution provision is discretionary but determined to be more appropriate or desirable.
H. Applicability of Code - Appointed and Elected Officials. When an appointed official or an elected
official has doubt as to the applicability of a provision of this code to a particular situation, they
should apply to the City Council for a determination. The official seeking a determination shall have
the opportunity to present any facts they deem relevant to the determination. They shall also have the
opportunity to present any argument they may have as to what they deem an appropriate
Page 3 of 4
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determination. The City CounciL the Mayor or the City Administrator may request the City Attorney
to provide an advisory opinion based upon the facts presented. The determination of the City Council
as to the applicability of a provision of this code to a particular situation shall be final.
I. Definitions:
1) Employee - for the purposes of this section, the term employee shall mean one who is hired and
paid a wage or salary to work for the City other than elected or appointed officials.
2) Appointed Official - for the purposes of this section, the term "appointed official" shall mean a
person who is appointed to serve on one of the City's boards or commissions and shall also mean the
City Administrator and City Attorney.
3) Elected Official - for the purposes of this section, elected official shall mean one who is elected
by the registered voters ofthe City of Ashland to serve the city and shall include: the Mayor, the city
councilors, the city recorder, the municipal iudge and the parks commissioners.
,rH. Sanctions. Violation of any provisions of this (Jode should raise conseientiOl:LS questions for the
employee (Joncerned as to vlhether voluntary resignation or other action is indicated to promote the
best interest of the City. Violation of any provision of this section, determined after notice and an
opportunity to be heard, shall constitute cause for disciplinary action.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the
day of
J 2006,
and duly PASSED and ADOPTED this
day of
,2006.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2006.
John W. Morrison, Mayor
Page 4 of 4
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.\rReFlsmoot:;.doe
DOCUMENTS SUBMllTED AT THE
OCTOBER 3, 2006
REGULAR MEETING
Refunding Planning Application Fees In A Situation Of Major Planning Errors
Oct 3, 2006 Art Bullock
Council's agenda item tonight is to refund Philip Lang and Ruth Miller's refund request in a situation where
major planning errors were made.
Council should grant the request, given serious breakdowns in this case's planning process.
1. Major planning errors were made in this situation, damaging applicants and the public process. These
process errors were so basic they justify a refund of unnecessary appeal costs. If you're serious about
fixing the planning process, you should refund all wasted costs caused by process breakdowns.
2. The issue is not winning or losing the appeal. Applicants Lang and Miller went through the entire
appeal process, and lost their variance request at Planning Commission and City Council. Then Planning
and Legal Depts granted the permit for other reasons. Those reasons resulted from process failures in
those depts costing applicants hundreds of dollars. All the costs, council time, and delayed topics could
have been avoided by doing the job right the first time. You should NOT grant a refund request based on
the outcome of the application. You SHOULD grant a refund request for a major process breakdown.
3. This particular application was subjected to unprofessional and unethical treatment. Legal Dept
treated applicants improperly, prompting an official, public apology to applicants, as the record shows. If
Legal and Planning had spent their energy to unbiased review of the application, they would have had a
better chance of avoiding their interpretation errors and process breakdown.
4. The issue isn't intention. Whether the mistake was intended or not is irrelevant. What's relevant is
that we wasted commission and council time--and a lot of taxpayer money--on an unnecessary appeal.
5. Do the job right the first time. Being too busy to do the job right isn't the answer. If this job had been
done right the first time, it would have saved Planning and Legal time.
6. If you DON'T grant the refund, we travel down a slippery slope where homeowners and developers
shoulder increasing costs of waste. There's no financial incentive for you or staff to fix the planning
process if you keep passing wasted costs onto applicants. The buck should stop on YOUR desk.
7. Improve quality by chargebacks. When leaders are serious about improving process quality, they
charge quality costs to the department causing the breakdown. The chargeback makes it less it likely that it
will happen again. Chargebacks get people's attention, and that problem starts to go away.
8. Clarify precedent. The staff packet worries about precedent. Your decision should indeed set
precedent: Victims shouldn't have to shoulder financial burdens of process breakdowns.
Departments causing the waste should.
9. Staff focuses on maximizing revenue. Your staff packet complained that City went through the
process, thus the applicants should pay the total, more than $1,000. You'd be hard-pressed to show a
clearer example of thinking behind poor quality management. "We wasted the money, so the customer
should pay the costs" is the route to continued planning problems. You don't stop waste by
transferring breakdown costs to customers.
10. You should focus on justice and process quality. Tonight's refund vote is a matter of justice, a word
not in your staff packet. Staff wants to maximize revenue independent of justice. It's your job to be fair.
Conclusion. Tonight's vote on this refund request sends a clear message to all of Ashland as to whether
you're serious about fixing planning breakdowns, or whether you're willing to drift along by unfairly shifting
financial waste of process breakdowns onto applicants' shoulders.
ASHLAND CITY COUNCIL 10/3/2006
Subj: Mt. Ashland Association Expansion Proposal
Mr. Mayor and Councilors,
My name is John Fisher-Smith. I speak today as one who has overseen
several multi-million dollar construction projects as an architect. I think it is
time to act decisively before untold damage is done to Mt. Ashland. We
the taxpayers are fiscally responsible for what happens there. We have
seen with Ashland Fiber Network how easily our enthusiasm and best
intentions has led us into massive debt. On Mt. Ashland we are headed
into a more unpredictable endeavor. The well intentioned Directors of Mt.
Ashland Association (MAA), however, do not own the mountain. Only
you as empowered members of this council can protect us the taxpayers,
the ultimate owners of Mt Ashland. Appointing a committee to oversee
the project will in no way protect Ashland taxpayers if the project is
bound to fail nor can such a committee protect the watershed - only you
can.
First, you must stop the cutting of ancient trees in the riparian zone of
the Middle Branch to prevent irreparable damage to the watershed.
Ancient trees, once cut, cannot be restored.
Second you must stop the expansion project because it appears to be
financially unfounded. Here are some of the factors to take into
consideration.
The MAA has failed to fully document their financial plan, why?
Appropriate conditions that might warrant expansion are simply not
present. If we were seeing steadily increasing visitation, massive snow
packs and longer winter seasons it might be different; but visitation has
been flat, snows have been variable with midwinter rains on the increase,
and seasons short. Global warming can not be ignored.
The association projects a thirty percent increase in user ship would be
required to support this expansion based on present cost estimates. But
construction costs are spiraling out of control at a rate of ten percent per
annum this year and rising. Extensive cost overruns have already been
predicted for Phase 1. Early surveys showed fund raising estimates falling
short of the mark for Phase I estimated costs.
Rather than be confronted with a disastrous failure, and potential loss
of what we have now, I urge this Council use its power to stop the project
immediately. . () ~J C_th-
Respectfully 0~ ~ ~..,
John Fisher-Smith
945 Oak Street, Ashland, OR 97520
Kurt Buser
509 Grandview Dr Ashland Oregon 97520
541 .488-3949
October 2,2006
An Open Letter to the Mt. Ashland Association directors:
My name is Kurt Buser. I am a resident of Ashland since 1990 and CEO of a ski
resort at Lake Tahoe for the last ten years. The resort I lead has about three times
as many visitors as Mt. Ashland, but there are many similarities. We are not in
competition with one another. As a director I have had both the privilege and the
responsibility that you have here with Mt. Ashland. I feel for you.
In this statement I am not going to talk about the nature of the proposed expansion
but only about the decision to expand. There is still time to step back, to consider the
facts, and to ask the basic questions: Who is this proposed terrain for? Is it really
necessary? Is this the best way to improve the resort? Is it sustainable?
My analysis is based on the state of the industry and my experience of operating a
ski resort.
If I were in your shoes, I would not expand at this time. Instead, I would recommend
upgrading the current facilities. Here is my analysis.
lack of Sustained Growth in the Industry
I have seen the difficulty that our ski industry has had in keeping the numbers of
participating people on the slopes. For 30 years there has been no significant
growth. In fact, there are signs that the numbers might decline, despite our
concerted efforts.
Challenging Economic Conditions
The economics of a day-use resort like ours are becoming more and more
challenging. Two bad snow years in a row can lead to financial ruin. The
expectations of our guests keep rising as technological advances such as high-
speed lifts are becoming the norm, snow making systems are becoming a necessity
for survival, and high quality snow grooming is a standard.
The costs of the infrastructure necessary to run a successful operation are rising
faster than ticket prices. That is not a sustainable trend.
Risk Management
There is yet another serious challenge that our industry is unable to escape. We live
in a highly litigious society. The activity of sliding down a snow hill and the provision
of transporting people on a lift inherently carry a lot of risk exposure. This
environment of risk forces us to be conservative if we are to survive.
Favorable Weather Conditions vs. Inevitability of Global Warming
When you are running an operation that depends ultimately on a factor that you have
no control over - the weather - your investment is at-risk. Just ask a banker to loan
you money for your expansion. Favorable weather conditions are hard to come by in
the ski industry. You want snow when you need it and you want sustained low
temperatures to support its quality. A snowmaking system can provide you with
some insurance, but Mt. Ashland has none. Global warming is not going to wait.
Mt. A. would not rank among the more 'snow proof resorts.
Having visited my birth-country of Switzerland recently I saw the evidence of
shrinking glaciers. I also personally felt summer heat to an extent that was unknown
in my childhood. They do not debate global warming there. They plan with it. Winter
resorts, especially those in lower elevations, are as threatened in this country as
they are in the alps. The ski industry network in the United States is recognizing this.
Why is Mt. Ashland Expanding ?
We need to understand the full context within which you are wanting to expand the
resort in terms of today's market conditions.
Your website attributes the need to the relative lack of intermediate level terrain
coupled with growth. I quote: " .. This terrain balance issue together with a need for
space to accommodate our growing southern Oregon and northern California
community is the primary reason for our much -needed improvements". The growth
argument and the need simply fail the reality test.
As a day-use resort far away from any big city the growth potential of Mt. Ashland is
limited to the demographics of the local region. This makes the risk of undertaking
a major expansion very high.
Regarding the Terrain Question
Mt. Ashland is a great resort that serves our local community. The locals are mostly
teenagers and athletically minded people who feel young at heart. I do not see that
you will attract more customers by adding a few intermediate runs on the mountain.
In a locally oriented resort, intermediate level terrain does not have the same
importance as it has in a destination resort. Since most people learn when they are
young they will overcome the terrain challenge. I cannot imagine any youngster who
learns to ski or snowboard on the bunny hill to 'drop out' just because the rest of the
mountain is steeper.
After ten years of 'directing' a ski resort I have seen that most good decisions are the
result of applying common sense. Good common sense comes from the gut and
from having good information. If this were my project I would place my bets on
improving the existing facilities.
I would be happy to help your organization and the community in evaluating how to
improve our resort or review your business plan.
In my opinion, what Mt. A. needs are improvements without an expansion. Very few
people will argue against upgrading the lifts to improve their capacity, reliability, and
safety. More snow grooming during the season would go a long way to improve the
experience of all and especially the intermediate level riders you are concerned with.
And the lodge would not mind a midlife facelift, either. Often, more is not better - and
shouldn't 'better' always come first, anyway?
Thank you.
Sincerely,
Kurt Buser
Mayor and Councilors - good evening - I'm Pip Cornall from 451 Waterline
Rd in Ashland and I represent an Ashland, Australian and global group
seeking to create departments of peace in countries globally. I'll be asking
Ashland to become a peace city and support the creation of a department of
peace in the US and worldwide.
Mayor and Councilors I want to start by acknowledging all the good work
you do for the city. I know that sometimes, despite your good intentions, you
are harshly criticized.
That is the old paradigm method and as we move towards becoming a peace
city, that way of behaving will diminish
If you ask most Ashlanders if they would like to live in a peaceful city who's
structure and policies reflect a clear choice to live peacefully, my guess is
that every single person, without exception would say YES, and that no one
would endorse violence or domination as a standard practice, especially
when it comes to how they and their loved ones are treated.
Not surprisingly this reflects our city's history since in a series of City
Council declarations over the last 30 years we have proved our support for
peace principles.
Including:
~ /J · Declaring the City of Ashland a NUCLEAR-FREE ZONE in
- 1(/0 1981/82?
'/Ju ,_" ~ · Endorsing the VALDEZ PRINCIPLES on May 15th, 1990
()v ,~, 1 · The August 5th, 2003 PEACE DECLARATION by then Mayor Alan
1 paCSL ~:tlB;:r, commemorating Hiroshima and Nagasaki Days on Aug 6th
You have received on two occasions (May & Sept 2006) my emails
encouraging the council to adopt a resolution for Ashland to become a peace
city and in so doing support the global movement to create departments of
peace in countries worldwide.
I included some draft resolutions that the council could modify and adopt.
In June 2006, in Canada, I attended the international people's summit to
create <;lepartments of peace in countries worldwide. The movement to create
departrhents of p~~~~ iij1cl a global netwdtk of peace cities is well underwa~.
(2E~y()f2 fJllJI7 Ja6nas 1
"
Such a determined and coordinated alliance will not fail and I would like to
invite Ashland to come on board. In this time of increasing world conflict it
is imperative that progressive cities such as Ashland lead others by fully
adopting the peace paradigm principles.
After my short presentation tonight I request this proposal be placed onto the
agenda for the next council meeting and/or I meet with councilors who are
willing to support it.
What is a Peace City?
Like Community Policing it can mean many things. It is infinite really but
initially could be kept simple. The original impetus behind Peace City
declarations was the United Nations Education, Science and Culture
Organisation's (UNESCO) efforts in encouraging local communities around
the world to build a culture of peace. The United Nations stressed this
element in its 2002 Study on Disarmament and Non-proliferation Education
which stated:
"Municipal leaders, working with citizen groups, are encouraged to
establish peace cities, as part of the UNESCO Cities for Peace network,
through, for example, the creation of peace museums, peace parks, web
sites and the production of booklets on peacemakers and peacemaking. "
Here are a few ideas - discuss Ashland Peace Map Handout
Mention Conflict mapping
A peace city would adopt the resolution in favor of the proposed federal
legislation to create a United States Department of Peace; and ( see handout)
It would support our Senator's and Representative's sponsorship of the
proposed federal legislation to create a United States Department of Peace.
Ashland has already joined the Mayors for Peace network, which brings
cities together in a program to achieve a nuclear-weapons-free world. The
Peace City proposal is much broader than disarmament. It would be a
collaborative effort between the City Council and Ashlanders to help address
2
the root causes of conflicts and violence in order to enhance peace in the city
and to contribute to making the world a more peaceful place.
My colleague in Wellington, NZ, sent me information on their peace city
plan. We could do similar by bringing together all groups and individuals
who support peace practice and principles.
The Wellington Foundation has established a Peace City Committee with
representatives from:
· Council of Trade Unions
· Federation of Ethnic Councils
· Hokotehi Moriori Trust
· Make Poverty History
· National Consultative Committee on Disarmament
· Nepalese Community
· New Zealand - House of Representatives
. NZ Multicultural Music
· NZ Nurses Organisation
· NZ Sri Lanka Friendship Society
. Oxfam
· Parliamentary Network for Nuclear Disarmament
· Peace Movement Aotearoa
· Prisoner's Aid and Rehabilitation Service
· Soka Gakkai International
· Wellington International Poetry Festival
· Peace Foundation - Wellington Office
· Wellington Refugee Council
· Women's International League for Peace and Freedom - Wellington
Branch
Promoting existing activities in Wellington related to peace
Wellington is home to a large number of organizations that are engaged in
activities related to the development of a culture of peace such as:
. peace groups
. mediation services
3
· conflict resolution trainers
· servIce groups
· ethnic education and support groups
· human rights groups
· international friendship societies
· family support services
· youth groups
· religious support groups.
The Council is also involved in activities related to the culture of peace
which include:
· Sister City links
· organizing an annual Race Relations Day
· maintaining the Peace Flame and Peace Tree in the Botanical Gardens
· participating in the Mayors for Peace organization
· displaying ofa 'Welcome to Wellington, capital of nuclear-free New
Zealand' sign near the Airport.
The Peace City declaration and programme would establish an overall
unifying framework that will encourage increased collaboration between
events, groups and activities, and also provide them with much greater
public exposure. This would be achieved through 3 primary mechanisms:
New initiatives related to Wellington's culture of peace will benefit from the
community resources that the Council already provides like:
· community grants
· discounted meeting space
· listing of upcoming community events on the Council's website
· webpage hosting through the Regional 2020 Communications Trust.
Mayor or Deputy-Mayor level engagement at the openings of events related
to peace are possible but should be evaluated on a case by case basis.
New initiatives related to Wellington's culture of peace will benefit from the
community resources that the Council already provides like:
· community grants
· discounted meeting space
· listing of upcoming community events on the Council's website
4
· webpage hosting through the Regional 2020 Communications Trust.
Mayor or Deputy-Mayor level engagement at the openings of events related
to peace are possible but should be evaluated on a case by case basis.
War Journalism, Peace Journalism
Most of the media that exist in the United States today exhibit
characteristics of war media. At any given time, television channels
broadcast the following items (or variations on these themes): sit-com actors
who make derisive comments to get a laugh; cartoon characters that beat
each other up in order to survive until the end of the episode; dramas that
uphold the stereotype that rapists, abductors and serial killers prey on
middle-class women; documentaries which show how only the strongest
animals survive; athletes who compete to prove that only one can win; and
news stories that recount endless acts of violence.
Two examples of successful conflict transformation programs:
- include Ohio's State Wide School Conflict Management Initiative and the
practice of Community Conferencing. The Ohio initiative reports "an
improvement in academic achievement, a reduction in truancy, fewer
suspensions and expulsions, a decrease in time spent on dealing with
discipline, fmancial cost savings to schools, and an improvement in overall
school climate" as a result of integrating non-violent dispute resolution
techniques into middle-school and high school curriculums. The annual cost
per student for the conflict management initiative is $12, compared to $231
for suspending a student and $431 for expelling a student. (Peace Alliance,
2006
In areas which suffer from high crime rates, there is social change through
Community Conferencing, a restorative justice method which brings
together all the relevant parties. In doing so, all parties have the chance to
express themselves and their needs and can contribute to a solution which
meets the needs of all parties. The program reports a 60% reduction in
recidivism at 10% of the cost of current criminal justice and disciplinary
practices. (peace Alliance, 2006)
5
August 5, 2003 City Council Meeting
Mayor's Declaration to Commemorate Hiroshima Day (August 6th) and
Nagasaki Day (August 7th)
Every year on August 6, the city of Hiroshima holds a Peace Memorial
Ceremony to pray for the peaceful repose of the victims, for the abolition of
nuclear weapons, and for lasting world peace. During that ceremony, the
mayor issues a Peace Declaration directed toward the world at large. As long
as the need persists, Hiroshima's mayor will continue to issue these
declarations calling for the elimination of nuclear weapons from the face of
the earth. This is part of Hiroshima's effort to build a world of genuine and
lasting world peace where no population will ever again experience the cruel
devastation suffered by Hiroshima and Nagasaki.
6
Dear Councilo..., AIlILj 1M
We, the undersigned members of DoPeace request that it the following resolution be read aloud
and accepted as Public Input at the upcoming council meeting. We are requesting that the topic of
passing a resolution be put on the agenda for the next council meeting and a vote be made to pass
the resolution. A draft of the proposed resolution follows.
We, the undersigned members of DoPeace wish to call your attention to pending legislation at the
federal level and suggest that you adopt a resolution in its support because of the following
benefits it would bring to the community of Ashland...
There is currently an historic citizen lobbying effort to create a U.S. Department of Peace. There
is currently a bill before both Houses of Congress (House Resolution 3760 and Senate 1756).
This historic measure will augment our current problem-solving modalities, providing practical,
nonviolent solutions to the problems of domestic and international conflict.
The campaign to establish a U.S. Department of Peace is only one aspect ofa fundamental
response to the problem of violence, but it is critical.
It represents an important collective effort, as American citizens, to do everything we possibly
can to save the world for our children's children
There is also an historic coordinated international movement to create Departments of Peace in a
critical mass of countries throughout the world.
To this end there is an international summit and training in Canada in June 2006 which one of our
members (Pip Cornall) from our Oregon district 2 DoPeace group will be attending. The
countries include US, UK, Canada, Japan, Australia, Italy and Nepal.
We the undersigned are members of a group (DoPeace) representing Oregon District 2 to create
Departments of Peace in the US and other countries. There are currently over 300 such groups in
50 US states
Thank you,
The DoPeace, District 2 Team
Pip Cornall 451 Waterline Rd, Ashland, Oregon, 97520, 541-840-5836
Lynn Perkins P. o. Box 1365 (206 Talent Ave),Talent 97540,541 512 1549
Shaktari Belew 345 Alta Ave, Ashland 97520,488-2518
Please read draft of resolution prior to next meeting
Support Establishing a United States Department of Peace
WHEREAS, during the 108th Congress, Rep. Dennis Kucinich, Democrat of Ohio,
introduced in the United States House of Representatives proposed federal legislation to
create a United States Department of Peace, which garnered the sponsorship of fifty-two
(52) members of the United States House of Representatives; and
WHEREAS, during the 109th Congress, which began its session on January 1, 2005, the
proposed federa1legislation to create a United States Department of Peace will be
reintroduced; and
WHEREAS, the proposed federal legislation to create a United States Department of
Peace will establish a cabinet-level Department of Peace, which will be headed by a
Secretary of Peace who will advise the President on issues that are both domestic and
international in scope; and
WHEREAS, the Department of Peace will consist of seven (7) offices including:
An Office of Peace Education and Training
-Develop a peace curriculum and supporting materials for distribution to the
department of education in each state
-For the building of communicative peace skills, nonviolent conflict resolution
skills, and other objectives to increase knowledge of peace processes, including
the development of a Peace Academy;
An Office of Domestic Peace Activities whose responsibilities are
1) to develop policies that increase awareness about intervention and counseling
on domestic violence and conflict,
2) to develop policy alternatives for the treatment of drug and alcohol abuse,
3) to develop new policies and build on existing programs responsive to the
prevention of crime, including the development of community policing strategies
and peaceful settlement skills among police and other public safety officers, and
4) to develop community-based strategies for celebrating diversity and promoting
tolerance;
An Office of International Peace Activities whose responsibilities are
1) to provide for the training and deployment of all Peace Academy graduates and
other nonmilitary conflict prevention and peacemaking personnel,
2) to sponsor country and regional conflict prevention and dispute resolution
initiatives in countries experiencing social, political, and economic strife,
3) to advocate the creation of a multinational nonviolent peace force,
4) to provide training for the administration of post -conflict reconstruction and
demobilization in war-tom societies, and
5) to provide for the exchange between individuals of the U.S. and other nations
who are endeavoring to develop domestic and international peace-based
initiatives;
An Office of Technology for Peace whose responsibilities are
1) to carry out the functions in the department affecting the awareness, study, and
impact of developing new technologies on the creation and maintenance of
domestic and international peace,
2) to provide grants for the research and development of technologies in
transportation, communications, and energy that are nonviolent in their
application and encourage the conservation and sustainability of natural resources
in order to prevent future conflicts regarding scare resources;
An Office of Anns Control and Disannament whose responsibilities are
1) to advise the Secretary of Peace on all interagency discussions and all
international negotiations regarding the reduction and elimination of weapons of
mass destruction throughout the world including the dismantling of such weapons
and the safe and secure storage of related materials,
2) to assist nations, international agencies and non-governmental organizations in
assessing the locations of the buildup of nuclear arms,
3) to develop nonviolent strategies to deter the testing or use of offensive or
defensive nuclear weapons, whether based on land, air, sea, or in outer space,
4) to serve as a depository for copies of all contracts, agreements, and treaties that
deal with the reduction and elimination of nuclear weapons or the protection of
outer space for militarization, and
5) to provide technical support and legal assistance for the implementation of such
agreements;
An Office of Peaceful Coexistence and Nonviolent Conflict Resolution
whose responsibilities are
1) to carry out those functions in the department affecting research and analysis
relating to creating, initiating, and modeling approaches to peaceful coexistence
and nonviolent conflict resolution,
2) to study the impact of war, especially on the physical and mental condition of
children which shall include the effect of war on the environment and public
health,
3) to publish a monthly journal of the activities of the department and encourage
scholarly participation,
4) to gather information on effective community peace-building activities and
disseminate such information to local governments and non-governmental
organizations in the U.S. and abroad,
5) to research the effect of violence in the media and make such reports available
to the Congress annually, and
6) to sponsor conferences throughout the U.S. to create awareness of the work of
the department; and
An Office of Human Rights and Economic Rights whose
responsibilities are
1) to carry out those functions of the department supporting the principles of the
Universal Declaration of Human Rights passed by the General Assembly of the
United Nations on December 10, 1948,
2) to assist the Secretary of Peace, in cooperation with the Secretary of State, in
furthering the incorporation of principles of human rights, as enunciated in the
United Nations General Assembly Resolution of December 10, 1948, into all
agreements between the U.S. and other nations to help reduce the causes of
violence,
3) to gather information on and document human rights abuses, both domestically
and internationally, and recommend to the Secretary of Peace nonviolent
responses to correct abuses,
4) to make such findings available to other agencies in order to facilitate
nonviolent conflict resolution,
5) to conduct economic analyses of the scarcity of human and natural resources as
a source of conflict and to make recommendations to the Secretary of Peace for
nonviolent prevention of such scarcity, nonviolent intervention in case of scarcity,
and the development of programs of assistance for people experiencing such
scarcity, whether due to armed conflict, mal-distribution of resources, or natural
causes, and
6) to assist the Secretary of Peace, in cooperation with the Secretary of State and
the Secretary of Treasury, in developing strategies regarding the sustainability and
the management of the distribution of funds from international agencies, the
conditions regarding the receipt of such funds, and the impact of those conditions
on the peace and stability of the recipient nations;
WHEREAS, the proposed federal legislation to create a United States Department of
Peace will benefit the City of Ashland by holding peace as an organizing principle for the
American Society, which will change the tone of the society; and
WHEREAS, the proposed federal legislation to create a United States Department of
Peace will benefit the City of Ashland by developing new programs that relate to the
societal challenges of domestic violence, school violence, guns, racial or ethnic violence,
violence against gays and lesbians, and police-community relations disputes, which will
assist members of our Police Department in experiencing fewer dangerous encounters
especially while making routine runs; and
WHEREAS, the proposed federal legislation to create a United States Department of
Peace will benefit the City of Ashland by encouraging the development of initiatives
from the community, its religious groups and its non-governmental organizations, which
will cause greater community involvement thereby creating a stronger City; and
WHEREAS, the proposed federal legislation to create a United States Department of
Peace will benefit the City of Ashland by eventually reducing federal spending on the
military budget, which is 399 billion for fiscal year 2004-2005, thereby redirecting funds
to the states and cities and assisting in the balancing of our City budget;
WHEREAS, the proposed federal legislation to create a United States Department of
Peace has fifty-two (52) sponsors of the members of the United States House of
Representatives; now therefore be it
THEREFORE NOW BE IT RESOLVED that the Ashland City Council adopts this
resolution in favor of the proposed federal legislation to create a United States
Department of Peace; and be it
FURTHER RESOLVED that the Ashland City Council adopts this resolution in support
of our Senator's and Representative's sponsorship of the proposed federal legislation to
create a United States Department of Peace.
.
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Draft Resolution before the City Council of Ashland
in support of the creation of a United States Department of Peace
July 25, 2005
Whereas, military conflicts in the 20th century alone have killed millions of people, most of them
innocent civilians, women, and children; and
Whereas, even at the dawn of the 21 st century, violence is an overarching theme in the world,
encompassing personal, group, national, and international conflict, extending to the production of
nuclear, biological, and chemical weapons of mass destruction which have been developed for use
on land, in the air, under the sea and in outer space; and
Whereas, such conflict is often taken as a reflection of an inevitable human condition without
questioning whether war is really inevitable, whether the structures of thought, word and deed which
we have inherited are any longer sufficient for the sustainability, growth and survival of the United
States and the world, and indeed, whether we can strive to make peace inevitable; and
Whereas, nonviolent methods of resistance have been successful in conflicts where violence did not
succeed, ranging from India's struggle for independence, to breaking down the walls of the Cold
War, to the great strides made towards integration in the United States; and
Whereas, the United States spends more than the next twenty nations combined on military
preparations; and
Whereas, there is no single government entity assigned to report to the American people on the
status of our efforts to achieve peace; and
Whereas, the existence of cabinet-level positions focuses the energies of the country; and
Whereas, implementing nonviolent approaches for domestic programs and foreign mediation
requires broad education, understanding, research and concerted efforts; and
Whereas, H.R. 1673, a bill which has 73 co-sponsors and which would establish the Department of
Peace, has been introduced into the U.S. Congress; and
Whereas, a Department of Peace would provide a structure to shift the paradigm in our country
toward peace, a shift which is needed now more than ever, to reflect the human spirit of trust,
respect, and integrity; and
Whereas, a decrease in conflict and violence will both save federal money and strengthen the fabric
of our country
Now, therefore, be it resolved that the City Council of Ashland supports and affirms the creation of
a Cabinet-Level U.S. Department of Peace to study and advance peace and non-violence as the
organizing principles in all human relations from families and neighborhoods, to courts and
congresses, to cities, states and nations.
FOR CITY COUNCIL, ASHLAND, OREGON: PACKET RE REQUEST TO PUT ON
AGENDA
RESOLUTION TO SUPPORT LT. EHREN W ATADA
First U.S. Military Officer to Publicly Resist Illegal War
and Occupation of Iraq
CONTENTS:
1. Donate from thankyoult.org
2. Lt. Watada addresses national veterans convention by Dahr
Jamail, Truthout.org (8/14/2006) from www.thankyoult.org
3. Lt. Watada's mother asks for your support by Carolyn Ho
(Ehren's mom) (8/15/2006) from www.thankyoult.org
4. Iraq combat vets explain support for Lt. Watada by Sarah
Olson, Truthout.org ((8/16/2006) from www.thankyoult.org
5. United Nations former Undersecretary Gen. takes stand for
Lt. Watada at Military Hearing (8/17/2006) from
www.thankyoult.org
6. Watada hearing succeeds in placing war on trial (8/18/2006)
from www.thankyoult.org
7. Court brief by Historians Against the War and the American
Friends Service Committee from www.thankyoult.org
8. City Support Expected For Soldier's Iraq Refusal
(8/27/2006) from www.abclocal.go.com
9. Statement from the Buddhist Peace Fellowship In Support
of Lt. Ehren Watada (8/25/2006) and What You Can Do to
Support Lt. Watada from www.bpf.org
10. Statement in Support of First Lieutenant Ehren Watada article
by Debbie Clark of Veterans for Peace Greater Atlanta Chapter
125 d.clark@antiwar.com 770-855-6163
11. A Broken De-Humanized Military in Iraq by Dahr Jamail
(9/26/2006) from www.truthout.org
,Thank You Lt. Ehren Watada - Donate
. - -I ::::;~ ':~l' "'(~r'~-, I':~~~l ',V, ~/~ ~\I c,,, -" <' ; I "':... -" ;':: ~.
, ~ . \ ,", . (~ ...4'- f':'!J.. ~ \...\~ r[~ . '.!./.",';:r
. ,;""'"'- ..dfM...-n. tlWIfl. .U_n<WA. U'""""'" .
- ~ ~ ..~ ~~-
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;..,,....
,
l
\.
Donate
~~~
Do n ate
I . []
l~~'-'.~ -,-.<-
Donate online directly to the Lt. Waleda
Defense Fund quickly and securely.
These donations are not tax-deductible.
However, online tax-deductible donations can be
made via the Hawaii People's Fund. More information below.
Donate by check or money order
To make a tax-deductible donation by postal mail, please make checks out
to "Hawaii People's Fund" and note "Lt Watada Defense Fund" on the
memo line. Please send to:
Hawaii People's Fund
Attn: Lt. Watada Defense Fund
810 N. Vineyard Blvd.
Honolulu HI 96817-3590
Tax-deductible online donation
You can also make an online tax deductible
donation to Lt. Watada's defense via the
Hawaii People's Fund by following these
simple steps:
""4t,i
lI_tU~.fuad
~";~~)"'l f ~ ?;:, a.,.-0I00Ii
On the Hawaii People's Fund donate page, under "Gift Information", simply
select "On behalf or' and enter "Lt. Waleda Defense Fund" in the data
entry line (example below).
Oift laformatioa. I'd like to make this donation
. on behalf of 0 in memory of
I Lt Watada Defense Fund ]
http://www.thankyoult.org/index.php?option-com_wrapper<emid- 30
09/20/2006 09:54 AM
-J -
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~.... ':"
J...",- ..:.
ThankYouL T.org
On June 22, U.S. Army First
Ueutenant Ehren K. Watada
became the first commissioned
officer to publicly refuse
deployment to the unlawful
Iraq War and occupation.
Lt. Watada has been formally
charged with contempt
towards President Bush,
conduct unbecoming an officer
and a gentleman, and missing
movement.
On August 24, the Article 32
pre-trial hearing investigator
recommended a general
court martial on all charges.
On September 15, an
additional charge was added.
For the first time since 1965,
the military is prosecuting an
objector for his opinions. He
faces over eight years in
prison - over six years for
First Amendment speech
alone!
Help Lt. Watada put the war
on trial! Your support,
Including donations to Lt.
Watada'. defense fund, are
urgently needed today.
Page 1 of 2
Thank You Lt. Ehren Watada - Donate
..une "', niIDonill UilY OT
Action to Stand Up with
Lt. Watilda reportsl
Play Video
Message to supporters
Also, please enter "U. Watada Defense Fund" in the "Feedback" box for good
measure. Note that "Groundspring.org" will appear on your credit card
statement. Donate to the Lt. Watilda defense fund here via Hawaii
People's fund.
Thank you on behalf of the Friends and Family of Lt.
Watada!
[Updated August 3D, 2006] Inspired by Lt. Watada's stand, a team of
lawyers has committed to defending him "at cost." However, due to the
precedent setting nature of this court martial, these costs are project to reach
$30,000 or more. For example, during U. Watada's August 17 pre-trial hearing
at Fort lewis, Washington, former Assistant Secretary General of the United
Nations Denis Halliday, Army Colonel Ann Wright (ret.), and international law
expert Prof. Frantis Boyle all took the stand to help Lt. Watada set the stage
to put the war on trial. All of these witnesses traveled long and far at the
expense of the defense.
Possibly even more important than the legal expenses is the battle for public
opinion. On this front, we will help Lt. Watada put the occupation war on trial -
regardless of what happens in the military courtroom. A mass regional
mobilization against the illegal war in Iraq and in support of U. Watada is now
being planned for the Fort Lewis, Washington area during any possible court
martial in the Fall. A People's Hearing on the question of illegal war and
occupation is also being planned for the Seattle area in the days proceeding
the court martial. Finally, we are directly supporting a national effort to
support Lt. Watada courageous stand via a grassroots network of activists, and
in the process help end the war and bring all the troops home.
Just how unprecedented our collective actions will be depends in part on your
contribution.
< Prey
Next >
[ Back ]
@ 2006 Friends and Family of Lt. Watada
www.thankyoult.org (866) 797-0967
09/20/2006 09:54 AM
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Page 2 of 2
Thank You Lt. Ehren Watada - Lt. Watada addresses national veterans convention
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June 27 National Day of
Action to Stand Up with
Lt. Watada reports!
''.
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Lt. Watada addresses national veterans
convention
.M~@
By Dahr Jamail, truthout,org, August 14, 2006 (photosfJeff Paterson)
On Saturday night, I was lucky enough to be at the Veterans for Peace National
Convention. For that night, Lt. Ehren Watada was able to give the following
speech, which I've just received permission to post here. The speech was met
with a powerful, standing ovation from the vets who've been there.
Lt. Ehren Watada, for those who don't already know, became the first
commissioned officer to publicly refuse deployment to the unlawful war and
occupation in Iraq. While doing this on June 22, 2006, Watada said, "As the
order to take part in an illegal act is ultimately unlawful as well, I must refuse
that order."
Just as Watada took the stage and began to speak, over SO members of Iraq
Veterans Against the War filed in behind him. Watada, surprised by this and
obviously taken aback by the symbolic act, turned back to the audience, took
some deep breaths, then gave this speech:
http://thankyoult.live.radicaldesigns.org/content/view/172/
Page 1 of 7
-~-
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'1.../0- ,1
ThankYoul
On June 22, U.!
Lieutenant Ehl
became the firs'
officer to publici
deployment tc
Iraq War and (
Lt. Watada has
charged with c
towards Presit
conduct unbeco
and a gentlema
movement.
On August 24, t
pre-trial hearin~
recommended c
martial on all ,
September 15,
charge was ad(
For the first tim
the military is p
objector for his
faces over eigt
prison - over si
Amendment SpE
Help Lt. Watac
on trial! Your s
including donat
Watada's defe
urgently needec
10/3/2006
Thank You Lt. Ehren Watada - Lt. Watada addresses national veterans convention
Play Video
Message to supporters
Thank you everyone. Thank you all for your tremendous support.
How honored and delighted I am to be in the same room with
you tonight. I am deeply humbled by being in the company of
such wonderful speakers.
You are all true American patriots. Although long since out of
uniform, you continue to fight for the very same principles you
once swore to uphold and defend. No one knows the devastation
and suffering of war more than veterans - which is why we
should always be the first to prevent it.
I wasn't entirely sure what to say tonight. I thought as a leader
in general I should speak to motivate. Now I know that this isn't
the military and surely there are many out there who outranked
me at one point or another - and yes, I'm just a Lieutenant. And
yet, I feel as though we are all citizens of this great country and
what I have to say is not a matter of authority - but from one
citizen to another. We have all seen this war tear apart our
country over the past three years. It seems as though nothing
we've done, from vigils to protests to letters to Congress, have
had any effect in persuading the powers that be. Tonight I will
speak to you on my ideas for a change of strategy. I am here
tonight because I took a leap of faith. My action is not the first
and it certainly will not be the last. Yet, on behalf of those who
follow, I require your help - your sacrifice - and that of countless
other Americans. I may fail. We may fail. But nothing we have
tried has worked so far. It is time for change and the change
starts with all of us.
I stand before you today, not as an expert - not as one who
pretends to have all the answers. I am simply an American and a
servant of the American people. My humble opinions today are
just that. I realize that you may not agree with everything I have
to say. However, I did not choose to be a leader for popularity. I
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did it to serve and make better the soldiers of this country. And I
swore to carry out this charge honorably under the rule of law.
Today, I speak with you about a radical idea. It is one born from
the very concept of the American soldier (or service member). It
became instrumental in ending the Vietnam War - but it has
been long since forgotten. The idea is this: that to stop an illegal
and unjust war, the soldiers can choose to stop fighting it.
Now it is not an easy task for the soldier. For he or she must be
aware that they are being used for ill-gain. They must hold
themselves responsible for individual action. They must
remember duty to the Constitution and the people supersedes
the ideologies of their leadership. The soldier must be willing to
face ostracism by their peers, worry over the survival of their
families, and of course the loss of personal freedom. They must
know that resisting an authoritarian government at home is
equally important to fighting a foreign aggressor on the
battlefield. Finally, those wearing the uniform must know beyond
any shadow of a doubt that by refusing immoral and illegal
orders they will be supported by the people not with mere words
but by action.
The American soldier must rise above the socialization that tells
them authority should always be obeyed without question. Rank
should be respected but never blindly followed. Awareness of the
history of atrocities and destruction committed in the name of
America - either through direct military intervention or by proxy
war - is crucial. They must realize that this is a war not out of
self-defense but by choice, for profit and imperialistic
domination. WMD, ties to AI Qaeda, and ties to 9/11 never
existed and never will. The soldier must know that our narrowly
and questionably elected officials intentionally manipulated the
evidence presented to Congress, the public, and the world to
make the case for war. They must know that neither Congress
nor this administration has the authority to violate the
prohibition against pre-emptive war - an American law that still
stands today. This same administration uses us for rampant
violations of time-tested laws banning torture and degradation of
prisoners of war. Though the American soldier wants to do right,
the illegitimacy of the occupation itself, the policies of this
administration, and rules of engagement of desperate field
commanders will ultimately force them to be party to war
crimes. They must know some of these facts, if not all, in order
to act.
Mark Twain once remarked, "Each man must for himself alone
decide what is right and what is wrong, which course is patriotic
and which isn't. You cannot shirk this and be a man. To decide
against your conviction is to be an unqualified and inexcusable
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traitor, both to yourself and to your country..," By this, each and
every American soldier, marine, airman, and sailor is responsible
for their choices and their actions. The freedom to choose is only
one that we can deny ourselves.
The oath we take swears allegiance not to one man but to a
document of principles and laws designed to protect the people.
Enlisting in the military does not relinquish one's right to seek
the truth - neither does it excuse one from rational thought nor
the ability to distinguish between right and wrong. "I was only
following orders" is never an excuse.
The Nuremburg Trials showed
America and the world that
citizenry as well as soldiers have
the unrelinquishable obligation to
refuse complicity in war crimes
perpetrated by their
government. Widespread torture
and inhumane treatment of detainees is a war crime. A war of
aggression born through an unofficial policy of prevention is a
crime against the peace. An occupation violating the very
essence of international humanitarian law and sovereignty is a
crime against humanity. These crimes are funded by our tax
dollars. Should citizens choose to remain silent through self-
imposed ignorance or choice, it makes them as culpable as the
soldier in these crimes.
The Constitution is no mere document - neither is it old, out-
dated, or irrelevant. It is the embodiment of all that Americans
hold dear: truth, justice, and equality for all. It is the formula for
a government of the people and by the people. It is a
government that is transparent and accountable to whom they
serve. It dictates a system of checks and balances and
separation of powers to prevent the evil that is tyranny.
As strong as the Constitution is, it is not foolproof. It does not
fully take into account the frailty of human nature. Profit, greed,
and hunger for power can corrupt individuals as much as they
can corrupt institutions. The founders of the Constitution could
not have imagined how money would infect our political system.
Neither could they believe a standing army would be used for
profit and manifest destiny. Like any common dictatorship,
soldiers would be ordered to commit acts of such heinous nature
as to be deemed most ungentlemanly and unbecoming that of a
free country.
The American soldier is not a mercenary. He or she does not
simply fight wars for payment. Indeed, the state of the American
soldier is worse than that of a mercenary. For a soldier-for-hire
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can walk away if they are disgusted by their employer's actions.
Instead, especially when it comes to war, American soldiers
become indentured servants whether they volunteer out of
patriotism or are drafted through economic desperation. Does it
matter what the soldier believes is morally right? If this is a war
of necessity, why force men and women to fight? When it comes
to a war of ideology, the lines between right and wrong are
blurred. How tragic it is when the term Catch-22 defines the
modern American military.
Aside from the reality of indentured servitude, the American
soldier in theory is much nobler. Soldier or officer, when we
swear our oath it is first and foremost to the Constitution and its
protectorate, the people. If soldiers realized this war is contrary
to what the Constitution extols - if they stood up and threw their
weapons down - no President could ever initiate a war of choice
again. When we say, "... Against all enemies foreign and
domestic," what if elected leaders became the enemy? Whose
orders do we follow? The answer is the conscience that lies in
each soldier, each American, and each human being. Our duty to
the Constitution is an obligation, not a choice.
The military, and especially the Army, is an institution of
fraternity and close-knit camaraderie. Peer pressure exists to
ensure cohesiveness but it stamps out individualism and
individual thought. The idea of brotherhood is difficult to pull
away from if the alternative is loneliness and isolation. If we
want soldiers to choose the right but difficult path - they must
know beyond any shadow of a doubt that they will be supported
by Americans. To support the troops who resist, you must make
your voices heard. If they see thousands supporting me, they
will know. I have heard your support, as has Suzanne Swift, and
Ricky Clousing - but many others have not. Increasingly, more
soldiers are questioning what they are being asked to do. Yet,
the majority lack awareness to the truth that is buried beneath
the headlines. Many more see no alternative but to obey. We
must show open-minded soldiers a choice and we must give
them courage to act.
Three weeks ago, Sgt. Hernandez from the 172nd Stryker
Brigade was killed, leaving behind a wife and two children. In an
interview, his wife said he sacrificed his life so that his family
could survive. I'm sure Sgt. Hernandez cherished the
camaraderie of his brothers, but given a choice, I doubt he would
put himself in a position to leave his family husband less and
fatherless. Yet that's the point, you see. People like Sgt.
Hernandez don't have a choice. The choices are to fight in Iraq or
let your family starve. Many soldiers don't refuse this war en
mass because, like all of us" they value their families over their
own lives and perhaps their conscience. Who would willingly
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spend years in prison for principle and morality while denying
their family sustenance?
I tell this to you because you must know that to stop this war,
for the soldiers to stop fighting it, they must have the
unconditional support of the people. I have seen this support
with my own eyes. For me it was a leap of faith. For other
soldiers, they do not have that luxury. They must know it and
you must show it to them. Convince them that no matter how
long they sit in prison, no matter how long this country takes to
right itself, their families will have a roof over their heads, food
in their stomachs, opportunities and education. This is a daunting
task. It requires the sacrifice of all of us. Why must Canadians
feed and house our fellow Americans who have chosen to do the
right thing? We should be the ones taking care of our own. Are
we that powerless - are we that unwilling to risk something for
those who can truly end this war? How do you support the troops
but not the war? By supporting those who can truly stop it; let
them know that resistance to participate in an illegal war is not
futile and not without a future.
I have broken no law but the code of silence and unquestioning
loyalty. If I am guilty of any crime, it is that I learned too much
and cared too deeply for the meaningless loss of my fellow
soldiers and my fellow human beings. If I am to be punished it
should be for following the rule of law over the immoral orders of
one man. If I am to be punished it should be for not acting
sooner. Martin Luther King Jr. once said, "History will have to
record that the greatest tragedy of this period ... was not the
strident clamor of the bad people, but the appalling silence of the
good people."
Now, I'm not a hero. I am a leader of men who said enough is
enough. Those who called for war prior to the invasion compared
diplomacy with Saddam to the compromises made with Hitler. I
say, we compromise now by allowing a government that uses
war as the first option instead of the last to act with impunity.
Many have said this about the World Trade Towers, "Never
Again." I agree. Never again will we allow those who threaten
our way of life to reign free - be they terrorists or elected
officials. The time to fight back is now - the time to stand up and
be counted is today.
I'll end with one more Martin Luther King Jr. quote:
"One who breaks an unjust law that conscience tells him is
unjust, and who willingly accepts the penalty of imprisonment in
order to arouse the conscience of the community over its
injustice, is in reality expressing the highest respect for law."
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Thank you and bless you all.
The only thing Watada said that I would
disagree with is that he claimed that he is
not a hero. He is a leader, yet again, by
taking this stance. And he may never know
how many lives he has already touched.
Today, it is up to the anti-war movement to
make sure his leadership touches as many
soldiers' lives in Iraq as possible. Watada is
making his stand. He needs continued
support.
Page 7 of 7
Pres. David Cline
As he said, if more American soldiers in Iraq know that they, along with their
families, will be supported if they stand up against this illegal occupation,
countless more will follow, and this repulsive war will end.
Dahr Jamail is an independent journalist who has reported for
the Guardian, the Independent, and the Sunday Herald. He now
writes regularly for Inter Press Service and Truthout.
< Prey
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June 27 National Day of
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Lt. Watada's mother asks for your support
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By Carolyn Ho (Ehren's mom)
August 15, 2006
Dear Fellow Americans and Citizens of the
International Community. I am the mother of Lt.
Ehren Watada, an officer stationed at Ft. Lewis.
He was part of a Stryker brigade unit that
deployed to Iraq on June 22nd. On that fateful day, he quietly defied the
movement order and chose not to board the plane with his men. Despite
unrelenting pressure to conform from the day he submitted his request for
discharge (in January 2006) to the day of deployment, he remained true to his
conviction. He believed that he could support his men best by not leading them
into an illegal war and occupation that had already claimed countless Iraqi and
American lives. He believed that he could serve them by taking a stand against
the war rather than an being an accomplice in a policy that uses our troops for
immoral, unethical purposes.
Through rigorous scrutiny of the facts, gleaned through research and
consultation with experts, inside and outside of the military and the structures of
government, he concluded that he could no longer be silent while atrocities were
committed in the name of democracy. He could no longer be a tool of an
administration that used nothing but deception and lies to make the case for
pre-emptive war. He realized that he had not relinquished the freedom to choose
what is right and that the freedom to choose what is right transcends the
allegiance to man and institutions.
As an officer, his duty is to support and defend the US Constitution, against
enemies foreign and domestic, and to obey only lawful orders. In refusing to
deploy to Iraq, Lt. Watada fulfilled his duty. In response, the military charged
him with missing movement, contemptuous remarks against the president and
behavior unbecoming to an officer. Taken together, these charges amount to 7
years in a military prison.
As a mother, I have taken the first step in "a journey of a thousand miles." My
son's decision raised to my awareness the disconnect between what I had taught
him and what I was really willing to have him do. Initially, the moment of truth
stared me down, and I honestly could not find words to justify that self-
centered, protective response that whispered, "Not my son.... Let someone else's
son be a hero." Needless to say, this experience became a life-changing event. I
have nothing but admiration and respect for the course my son has chosen. He
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Thank You Lt. Ehren Watada - Lt. Watada's mother asks for your support
Play Video
Message to supporters
has my unconditional support.
I invite you to affirm your support of Lt. Ehren Watada now, during his pre-trial
hearing on Aug 17th and 18th, and into the future. Whether or not he is
permitted to submit evidence supporting his refusal to deploy and his first
amendment rights remains to be seen. Nevertheless, the military must know
that the world is watching and that justice must be served.
On August 16th, National Day of Education, groups nationally and internationally
are asked to conduct teach-ins to address the illegality and immorality of the
Iraq war and occupation and the message Lt. Watada conveys. Instruction and
dialog can be conducted in schools, homes, churches, community centers, etc. In
addition, rallies, bannering, vigils, etc. will be held at Ft. Lewis and throughout
the US and abroad. This is an opportunity to raise consciousness, to empower
and to inspire the masses to action.
Join us in laying the groundwork for mass mobilization and civil disobedience
during the court-martial.
For updates on news and actions regarding Lt. Watada, for a downloadable tool
kit to assist you in conducting a teach-in on August 16th, National Day of
Education, for posters, leaflets, T-shirts and instructions for making a donation
toward the Lt. Watada's legal defense fund, please refer to the official web site:
www.thankyoult.org
Peace and Gratitude,
Carolyn Ho, (Ehren's Mom)
< Prey
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Thank You Lt. Ehren Watada - Iraq combat vets explain support for Lt. Watada
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June 27 National Day of
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Iraq combat vets explain support for Lt.
Watada
~~~
By Sarah Olson, truthout.org.
August 16, 2006
Clifton Hicks was looking for a body.
Specifically, the Army tank driver was
fumbling about in the dark, looking for and
failing to find the remains of the Iraqis who,
moments before, had been firing on his tank.
When Hicks's flashlight swept the ground
around his feet, he realized he was standing in the remains of a man. Literally.
His boots wedged between the rib cage and the pelvis, blood and human organs
squishing out from beneath the souls of his shoes.
It's this experience and others like it that made Hicks question the war in Iraq. It
also compelled him to support US Army First Lieutenant Ehren Watada - the
highest-ranking member of the military to publicly refuse to deploy to Iraq.
28-year-old Lieutenant Watada disobeyed deployment orders on June 22nd,
several weeks after announcing his opposition to the war at a press conference.
He is charged with six violations of the Uniform Code of Military Justice: one
count of missing troop movement, two counts of speaking contemptuously
toward officials, and three counts of conduct unbecoming an officer and a
gentleman. An Article 32 hearing is scheduled for Thursday, August 17th, to
decide whether to proceed with a general court-martial. If tried and convicted,
Lieutenant Watada could face over 7 years in prison.
"GI resistance is a growing trend"
The Army would like to depict Lieutenant
Watada as a lone military voice of dissent: a
renegade upon whom enlisted men and
officers alike look with scorn and derision.
But Clifton Hicks is joining a growing number
of Iraq war combat veterans who support the
Lieutenant. And, he says, for every veteran
who supports Lieutenant Watada publicly,
there are possibly hundreds more who feel
they cannot speak out.
Clifton Hicks
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Thank You Lt. Ehren Watada - Iraq combat vets explain support for Lt. Watada
Play Video
Message to supporters
Geoffrey Millard is a sergeant in the Army National Guard and has no problem
speaking publicly or supporting Lieutenant Watada. He spent eight years in the
military, and was in Iraq between 2004 and 2005. He says GI resistance is a
growing trend. "American GIs are beginning to respect the Nuremberg principles.
They are resisting orders; they are going to jail, going to Canada, and going
AWOL. And they're talking about why they're doing it."
When he was ordered to deploy, Millard says he didn't know how to resist the
war. "Lieutenant Watada hadn't come forward. I didn't know about Camilo
Mejia." This, he says, is the importance of Lieutenant Watada's public opposition
to the war. It shows military personnel who disagree with the Iraq war another
path.
Millard says it's important that leaders like Lieutenant Watada are supported; the
brutality and duration of the US occupation demand it. He remembers a day
during his tour of duty when a soldier opened fire on a car, killing an entire
family. During the evening briefing, the commanding colonel said, "If these
fucking Hajjis would learn to drive, this shit wouldn't happen." This is one of
countless examples Millard has of the dehumanization accompanying the Iraq
war. "This person wiped out an entire bloodline, and the colonel implied it was
the victims' fault, using language designed to offend and demean them."
'We were conditioned to hate them"
Army tank driver Clifton Hicks says the military presence in Iraq is clearly not
making a difference for the Iraqi people. "We didn't care about Iraqis, because
we were conditioned to hate them." He says he knows from experience that
Lieutenant Watada's belief that the war is illegal and immoral is the correct
position.
Hicks is haunted by his activity in Iraq. He talks about what he calls the
"wedding party incident." His unit was on patrol when they heard shooting
between US armed forces and what they thought were Iraqi insurgents. While
Hicks prepared to go house to house in search of the enemy, what he discovered
instead was a wedding. Some of the men had been shooting rifles into the air, as
is customary during family parties and celebrations. Three people from the
wedding were shot; a six-year-old girl was killed. When the platoon sergeant
called the command center to report the incident, "all they said to us was
'Charlie Mike,' a stupid Army acronym for continue mission."
No one spoke of the incident, and it was like it never happened. "What struck me
most was just how callous we had become. I didn't even care myself. Sure some
Iraqi kid had been killed; big deal. It's like seeing a dead dog on the side of the
road." Hicks said he had no thoughts of shame or regret, no thoughts of the
girl's mother or friends.
"We hated them and were happy to have killed one. For as long as I can
remember I've been taught to fear and mistrust Arabs. That's how those kids on
the news were able to rape the 14-year-old girl, shoot her in the face, and kill
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.Thank You Lt. Ehren Watada - Iraq combat vets explain support for Lt. Watada
her whole family. They just didn't care, they still don't care, they couldn't make
themselves care if they tried. Every soldier on the frontlines is capable of that or
worse. "
Hicks eventually filed for and received conscientious objector status. He wants
the US to withdraw from Iraq immediately, and is convinced Lieutenant Watada
is taking the only honorable and patriotic action available in the face of what he
calls an unjust and illegal war. "The only way to be a patriot is to be against the
war. Thomas Jefferson would pat me and Lieutenant Watada on the back."
"I feel guilt all the time about what I contributed"
Indiscriminate violence is only one of the reasons Prentice Reid supports
Lieutenant Watada. Reid was in the Army Infantry for one tour in Iraq, between
March of 2002 and 2003. He was honorably discharged in May of 2005, and is
now a student at Central Texas College near Ft. Hood, Texas. To Lieutenant
Watada, he writes: "I only hope all of us can find the balls to stand up for truth
when the time comes. You risked not only your reputation, but also potentially
your freedom, for truth, and for this we all salute you, sir."
Reid says he questioned the war from the beginning, but his doubts deepened
when he arrived in Iraq. "The entire war was a sham from the beginning," Reid
says. "There were no WMDs. No connection to Osama bin Laden. I'm over there
thinking we have an enemy, but this is contradicted every day by what I'm
seeing as I drive around."
Reid was a truck driver in Iraq, and one of his responsibilities was to transport
Iraqi prisoners to US-run prisons. "I would see how they were treated; there was
so much abuse. There was no restroom for them, and they had to urinate and
defecate on themselves." Reid says most were later released without charges
having been filed against them.
"The longer we were there, the more things deteriorated. There was tighter
security, more check points. Things were not rebuilt. I wish I had had the
courage and the platform to speak out," Reid says. "I have insomnia. I have
nightmares. I feel guilt all the time about what I contributed."
Reid says families and communities are destroyed due to the length of time
troops are required to spend in Iraq, and their insufficient medical treatment
when they return. He says he's put his own wife and daughter through hell. He
doesn't want others to experience this type of trauma, and believes that leaders
like Lieutenant Watada are taking an important and necessary step toward
ending the war. He says that rather than feeling betrayed by Lieutenant
Watada's actions, he feels encouraged and supported.
"Lieutenant Watada speaks for me"
An active duty Army specialist who has asked to use only his initials, DP,
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Thank You Lt. Ehren Watada - Iraq combat vets explain support for Lt. Watada
stationed at Ft. Stewart, Georgia, joined the Army in April of 2003. He was
injured during training, but expects to join his unit in Afghanistan in February of
2007. At Ft. Stewart he's escorted war resisters to their court-martial and is
generally sympathetic. But it's different for a Lieutenant to make this kind of
stand, he says. "To see an officer who recognizes that something is wrong and
who would take that kind of heat: I really respect that."
When he joined the Army, DP believed in what was happening in Iraq. "When I
learned there were no WMDs, I was pretty disappointed in the military
intelligence, the analysts, and everyone who swore up and down that this was a
necessary pre-emptive strike," he says. As the US armed forces mission in Iraq
disappears, DP says new goals are put in place. The goal of finding weapons of
mass destruction turned into the military overthrow of Saddam Hussein as the
objective. After Hussein was detained, the military was to help stabilize Iraq.
"Our mission isn't clear, and keeps shifting. I feel like a puppet."
Over the phone, you can hear DP talking to his son. He and his wife are also
expecting twins. He says that while he doesn't support the Iraq war, protesting
isn't an option for him. "I don't have the financial freedom to protest the war.
Lieutenant Watada is speaking for me." DP is the only member of his family with
a paying job, and with twins on the way, he doesn't feel he can risk going to
prison. But, DP says, the anti-war protests are important. "We in the military
don't have free speech. If you've got a problem with the government you need
to be able to tell them."
DP says he got in trouble recently for talking about Lieutenant Watada. His
commanding officers told him that as long as he was in the military and wearing
the military uniform, he needed to keep a low profile, and not voice anti-
government opinions.
Regretting participation in the war (or something)
"It takes real courage to resist the war,"
says Cloy Richards, a former artillery
cannoneer for the Marines. "I was afraid to
not go; afraid to say no. I took the easy way
out and went to the war. It takes way more
bravery to say no."
Cloy Richards
Corporal Richards did two tours of duty in
Iraq, between March and October of 2003, and again between March and
October of 2004. Like so many in the military, his initial support for the invasion
began to disintegrate as the occupation lengthened and became more brutal.
"I was in the artillery unit. I saw a lot of civilian casualties," says Richards, who
has seven nephews and one niece. "I love kids," he says. And his views of the
Iraq war began to change as he saw Iraqi children die. He particularly
remembers watching some kids play with unexploded ammunition. When it
exploded, several of them were killed and several more were disfigured. "It was
http://thankyoult.li ve.radicaldesigns.org/content/view 11761
Page 4 of6
10/3/2006
Thank You Lt. Ehren Watada - Iraq combat vets explain support for Lt. Watada
kind of like everything else over there. I just shoved it to the back of my mind
somewhere and forgot about it." Except that Richards couldn't actually forget.
Richards has a hard time forgetting other experiences in Iraq as well. For
example, the first time he was ambushed, on March 25th, 2003. "My
commanding officer lost his hand that day," Richards remembers. "But he
wrapped cloth around the remaining portions of his arm and lecf us into battle."
By his second tour of duty, Richards says he didn't want to fight. The reason he's
speaking out now, he says, is not because he has some kind of agenda. "It's just
that I've been there. I've seen it. I feel sorry and am trying to make amends for
all the bad things I've been a part of. I should have said no the second time,
when my heart and my mind were telling me not to go."
This guilt is part of the reason Richards says it's so important for the people like
Lieutenant Watada to take the lead. "As an officer, he lends more credibility to
anti-war sentiments among the troops. The Lieutenant is leading by example,
and this is taken very seriously. An officer's example is what we are supposed to
follow." It's only now, Richards says, that he's found an example that he wants
to follow.
Listening to the troops
Geoffrey Millard, the a-year Army National
Guard veteran is quick to point out that not
any single story is conclusive. Each member
of the military has something to tell that
folks back in the states can learn from. "Each
of these stories means something," he says.
The experiences and the expertise of Iraq
war veterans are missing from the media
coverage of the Iraq war. "When we turn on the evening news, we don't ever
hear about a GI's experience." This leads to a skewed and unrealistic impression
of the war. Millard says that if the Iraq war veterans' opinions and experience
were valued, the Army would be forced to uphold Lieutenant Watada as a hero,
rather than attempt to put him in prison.
For now, there are dozens of members of the military who publicly support
Lieutenant Watada. There are likely hundreds more who are watching anxiously
in silence, waiting for an outcome in Lieutenant Watada's case. They all say they
view him as a true war hero, and believe in his efforts to end the Iraq war. They
say he is fighting for what they believe in, and for that they are grateful. In
Army parlance, they might say Charlie Mike: continue mission.
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Page 5 of 6
10/3/2006
Thank You Lt. Ehren Watada - Iraq combat vets explain support for Lt. Watada
Page 6 of 6
Lt. Watada with Iraq Veterans Against the War
Sarah Olson is an independent journalist and radio producer based in Oakland,
California.
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fhank You Lt. Ehren Watada - United Nations former Undersecretary Gen. takes stand fo... Page 1 of 2
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United Nations former Undersecretary Gen.
takes stand for Lt. Watada at military hearing
.Q~@
(Ft. Lewis, Washington) - On August 17th,
U.S. Army First Lieutenant Ehren K. Watada,
the first commissioned officer to publicly
refuse to deploy to Iraq, appeared before a
military court, for the first hearing of a case
that raises core Constitutional issues about
the legality of the Iraq war, freedom of
speech, and the limits of presidential power.
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Defense witnesses: Prof.
Francis Boyle, Dennis Halliday,
Army Col. Ann Wright (ret.)
Watada's civilian counsel, Eric A. Seitz of Honolulu, called expert witnesses
including former United Nations Undersecretary Denis Halliday, University of
Illinois Professor Francis Boyle, an international law expert, and U.S. Army
Colonel Ann Wright (ret.) that supported Lt. Watada's contentions that the
invasion of Iraq violated domestic and international law and that high level
policies and rules of engagement permit, encourage, and condone the
commission of war crimes in Iraq.
Watada announced his intention to refuse to deploy to Iraq in June, explaining
"It is my conclusion as an officer of the armed forces that the war in Iraq is not
only morally wrong but a horrible breach of American law. The war and what
we're doing over there is illegal."
He has since been charged with three counts of conduct unbecoming an officer
and a gentleman, two counts (for the same statements) of contempt towards
officials, specifically President G. W. Bush, and one count of missing movement.
If found guilty of all charges, Lt. Watada faces over seven years in confinement.
He faces over five years imprisonment for simply expressing his opinion that
President Bush misled the American people into an illegal war. The one-day
Article 32 hearing on August 17th was similar to a civilian grand jury hearing.
Before the hearing, Lt. Watada's lead civilian lawyer Eric Seitz declared, "The
defense will prove not only that what Lt. Watada said about the war is true, but
that as an officer in the United States Army he was duty bound to learn the truth
about this war and having done so to refuse to carry out orders to participate in
it."
For its part, the military requested that two civilian journalists appear for the
prosecution. Neither Gregg K. Kakesako, of the Honolulu Star-Bulletin nor
Oakland-based Sarah L. Olson, of Truthout.org did so voluntarily. However, the
http://thankyoult.li ve.radicaldesigns.org/content/view 11731
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10/3/2006
Thank You Lt. Ehren Watada - United Nations former Undersecretary Gen. takes stand fo... Page 2 of 2
Play Video
Message to supporters
military will have subpoena power during the actual court martial, and requires
their testimony to confirm Lt. Watada's "speech crimes."
On August 16th, 300 supporters converged on Ft. Lewis to demand that Lt.
Watada not be court-martialed for fulfilling his obligation under international law
to refuse illegal orders. Supporters national and internationally also participated
in a "Day of Education" to study and publicly pose the question, "Is the Iraq War
illegal?"
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Thank You Lt. Ehren Watada - Watada hearing succeeds in placing war on trial
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June 27 National Day of
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Watada hearing succeeds in placing war on
trial
.Q~~
Aug. 18 news: Sides stake claims to law, The
Olympian; Hearing puts war on trial, Seattle
Post-Intelligencer; Putting the war on trial,
Time/CNN; Watada expresses no regrets,
Star-Bulletin/AP; Friends and Family of Lt.
Watada media advisory below.
(Ft. Lewis, WA) - Yesterday, the defense for Lt. Watada has succeeded in placing
the war in Iraq on trial.
"We appreciated the opportunity to lay the groundwork to prove that the war in
Iraq is illegal and that Lt. Watada, coming to this conclusion after much
research, was duty bound to refuse to participate," Eric Seitz, civilian counsel for
Lt. Watada said. "This case is really about the duty of individual soldiers to look
at the facts and fulfill their obligation to national and international law," he said.
The Article 32 hearing closed today at 2:00 p.m. Investigating Officer Lieutenant
Colonel Mark Keith will release a recommendation within the next few days
regarding whether to refer Lt. Watada for court-martial and for which charges.
Despite frequent objections from the prosecution, LTC Keith allowed the defense
to present evidence about the illegality of the war in Iraq. Approximately three
hours of the four-hour hearing were devoted to testimony by former United
Nations Undersecretary Denis Halliday, Army Colonel Ann Wright (ret.), who
resigned in March 2003 to protest the invasion of Iraq, and University of Illinois
Professor Francis Boyle, an international law expert.
The defense submitted documents into evidence including an amicus brief filled
by the American Civil Liberties Union, the Charter of the United Nations, The War
Crimes Act, a German high court ruling in favor of a soldier who refused to
participate in the Iraq war, and letters of support from organizations and
prominent individuals, including Representative Neil Abercrombie of Hawaii.
Two journalists who the prosecution intends to subpoena as witnesses for the
court-martial, should it occur, did not appear at the Article 32 hearing, for which
the prosecution lacks subpoena powers.
http://thankyoult.li ve.radicaldesigns.org/content/view 1177 I
Page 1 of 2
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10/3/2006
Thank You Lt. Ehren Watada - Watada hearing succeeds in placing war on trial
Play Video
Message to supporters
Lt. Ehren Watada, left, walks with his father, Bob Watada; his
stepmother, Rosa Sakanishi; and attorney Eric Seitz during a
break in an Army hearing on Watada's refusal to deploy to Iraq.
(August 18, 2006). Photo: Associated Press
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10/3/2006
Thank You Lt. Ehren Watada - Court brief by Historians Against the War and the Americ... Page 1 of 4
.
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Sea rch
June 27 National Day of
Action to Stand Up with
Lt. Watada reports!
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Court brief by Historians Against the War and
the American Friends Service Committee
..Q1lje.
"If [Lt. Watada) refuses to take part in the
combat activity of his unit, he may endanger the
lives of his fellow soldiers as well as his own life.
If he "obeys now and grieves later," the war
crimes will likely be consummated long before
the protest can be resolved. Perhaps the soldier
perceives not a single war crime, but a pattern of serious misconduct.... The
decision in Lieutenant Watada's case will be consequential, not just for him, but
for thousands of other United States service persons who may find themselves
faced with the same dilemma."
View complete amici curiae court brief (PDF)
BRIEF ON BEHALF OF AMICI CURIAE HISTORIANS AGAINST THE WAR AND
AMERICAN FRIENDS SERVICE COMMITTEE IN SUPPORT OF FIRST
UEUTENENT EHREN K. WATADA
TABLE OF CONTENTS
STATEMENT OF INTEREST OF AMICI
I. INTRODUCTION
II. THE NUREMBERG PRECEDENT
A. The Defense Of Superior Orders Rejected
B. Aggressive War Is A Crime Under International Law No Matter
Which Nation May In Future Commit That Crime
C. International Law Takes Precedence Over National Law
III. THE NUREMBERG PRECEDENT IN UNITED STATES COURTS AND MIUTARY
TRIBUNALS
A. David Mitchell And The Fort Hood Three
B. Howard Levy
http://thankyoult.li ve.radicaldesigns.org/content/view 11891
-7-
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deployment tc
Iraq War and (
Lt. Watada has
charged with c
towards Presi.
conduct unbeco
and a gentlema
movement.
On August 24, t
pre-trial hearin~
recommended c
martial on all .
September 15,
charge was adl
For the first tim
the military Is p
objector for his
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Message to supporters
C. After Vietnam
IV. CONCLUSION
STATEMENT OF INTEREST OF AMICI
Historians Against the War (HAW) was formed early in 2003 at a meeting of the
American Historical Association. To date, HAW's activities have included:
successfully sponsoring resolutions at professional gatherings of historians
favoring protection of free speech about the war on college campuses;
development of a bibliography on the Gulf wars; and a pamphlet series on such
topics as war resistance in American history and torture.
The American Friends Service Committee (AFSC) is a practical expression of the
faith of the Religious Society of Friends (Quakers). AFSC was founded in 1917 to
provide conscientious objectors an opportunity to serve those in need instead of
fighting during World War I. Committed to the principles of nonviolence and
justice, AFSC seeks in its work and witness to draw on the transforming power of
love, human and divine. AFSC regards no person as an enemy. While AFSC
opposes specific actions and abuses of power, its programs seek to address the
goodness and truth in each individual. AFSC seeks and trusts the power of the
Spirit to guide the individual and collective search for truth and practical action.
In 1947 AFSC received the Nobel Peace Prize with the British Friends Service
Council on behalf of Friends worldwide. The AFSC is directed by a Quaker board
and staffed by Quakers and other people of faith who share the Friends' desire
for peace and social justice. The organization operates programs across the
United States and on four other continents.
I. INTRODUCTION
As amici understand the posture of this case, Lt. Ehren K. Watada has refused
deployment to Iraq, and court martial proceedings are imminent.
Amici understand further that Lt. Watada is not a conscientious objector because
he does not object to "war in any form" and is willing to serve in other wars. He
takes issue with the legality and morality of the war in Iraq: the deceptions that
led to the unilateral United States invasion, and the conduct of the war including
blockades of cities, indiscriminate assaults on homes and businesses, detention
and torture of prisoners, and the like. Lt. Watada believes that if he were to
serve in Iraq and lead men into battle there he would be committing, and
supporting the commission of war crimes, and therefore he has concluded that is
something he cannot do in good conscience and consistent with the oath of office
he swore when he accepted his commission.
Judging from its pretrial pleading in the cases of United States v. SSG Mejia-
Castillo and United States v. Sergeant Kevin Benderman (Second Judicial
District, United States Army), the Army will predictably assert: 1. arguments
that the war in Iraq is illegal and/or that the President lacked authority to initiate
http://thankyoult.1ive.radicaldesigns.org/content/view/189/
Posters, t-sh
and
10/2/2006
.. I
Thank You Lt. Ehren Watada - Court brief by Historians Against the War and the Americ... Page 3 of 4
the war, are barred by the "political question" doctrine; and 2. Lieutenant
Watada's personal philosophy and his beliefs concerning Operation Enduring
Iraqi Freedom are irrelevant, and evidence of this sort should be excluded.
Amici submit that the Army misconceives a central issue. That issue is: Under
the Nuremburg Principles, as incorporated by the United States Army in US Army
Field Manual, The Law of Land Warfare (FM 27-10, 1956), does Lieutenant
Watada have a good faith and reasonable belief that he would be ordered to
commit war crimes and that such orders would be likely to continue?
Accordingly this case presents the dilemma faced by a soldier who, in the midst
of a military campaign, confronts what reasonably appear to him to be orders to
commit war crimes.
What is he to do?
There appear to be no good solutions.
If he refuses to take part in the combat activity of his unit, he may endanger the
lives of his fellow soldiers as well as his own life.
If he "obeys now and grieves later," the war crimes will likely be consummated
long before the protest can be resolved.
Perhaps the soldier perceives not a single war crime, but a pattern of serious
misconduct. Indeed, he may conclude that his country is engaged in what the
United States at Nuremberg insisted should be viewed as the principal war
crime: a war of aggression, or "crime against peace."
What then?
Should the soldier be required to continue to take part in what he believes in
good faith to be a pattern of criminality until, months later, the status of his
protest is decided?
Amici believe that all these questions are posed by Lieutenant Watada's
experiences.
The decision in Lieutenant Watada's case will be consequential, not just for him,
but for thousands of other United States service persons who may find
themselves faced with the same dilemma.
Read complete amici curiae court brief (PDF)
< Prey
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10/2/2006
)
UNITED STATES )
)
V. )
)
FIRST LIEUTENANT EHREN K. WATADA )
)
BRIEF ON BEHALF OF AMICI
CURIAE HISTORIANS AGAINST
THE WAR AND AMERICAN
FRIENDS SERVICE COMMITTEE
BRIEF ON BEHALF OF AMICI CURIAE HISTORIANS AGAINST THE WAR
AND AMERICAN FRIENDS SERVICE COMMITTEE
IN SUPPORT OF FIRST LIEUTENENT EHREN K. WATADA
TABLE OF CONTENTS
STATEMENT OF INTEREST OF AMICI
I. INTRODUCTION
II. THE NUREMBERG PRECEDENT
A. The Defense Of Superior Orders Rejected
B. Aggressive War Is A Crime Under International Law No
Matter Which Nation May In Future Commit That Crime
C. International Law Takes Precedence Over National Law
III. THE NUREMBERG PRECEDENT IN UNITED STATES COURTS AND
MILITARY TRIBUNALS
A. David Mitchell And The Fort Hood Three
B. Howard Levy
C. After Vietnam
IV. CONCLUSION
II
STATEMENT OF INTEREST OF AMICI
Historians Against the War (HAW) was formed early in 2003 at
a meeting of the American Historical Association. To date, HAW's
activities have included: successfully sponsoring resolutions at
professional gatherings of historians favoring protection of free
speech about the war on college campuses; development of a
bibliography on the Gulf wars; and a pamphlet series on such
topics as war resistance in American history and torture.
The American Friends Service Committee (AFSC) is a practical
expression of the faith of the Religious Society of Friends
(Quakers). AFSC was founded in 1917 to provide conscientious
objectors an opportunity to serve those in need instead of
fighting during World War I. Committed to the principles of
nonviolence and justice, AFSC seeks in its work and witness to
draw on the transforming power of love, human and divine. AFSC
regards no person as an enemy. While AFSC opposes specific
actions and abuses of power, its programs seek to address the
goodness and truth in each individual. AFSC seeks and trusts the
power of the Spirit to guide the individual and collective search
for truth and practical action.
In 1947 AFSC received the Nobel Peace Prize with the British
Friends Service Council on behalf of Friends worldwide. The AFSC
is directed by a Quaker board and staffed by Quakers and other
people of faith who share the Friends' desire for peace and
social justice. The organization operates programs across the
United States and on four other continents.
1
2
I. INTRODUCTION
As amici understand the posture of this case, Lt. Ehren K.
Watada has refused deployment to Iraq, and court martial
proceedings are imminent.
Amici understand further that Lt. Watada is not a
conscientious objector because he does not object to "war in any
form" and is willing to serve in other wars. He takes issue with
the legality and morality of the war in Iraq: the deceptions
that led to the unilateral United States invasion, and the
conduct of the war including blockades of cities, indiscriminate
assaults on homes and businesses, detention and torture of
prisoners, and the like. Lt. Watada believes that if he were
to serve in Iraq and lead men into battle there he would be
committing, and supporting the commission of war crimes, and
therefore he has concluded that is something he cannot do in good
conscience and consistent with the oath of office he swore when
he accepted his commission.
Judging from its pretrial pleading in the cases of United
States v. SSG Mejia-Castillo and United States v. Sergeant Kevin
Benderman (Second Judicial District, United States Army), the
Army will predictably assert: 1. arguments that the war in Iraq
is illegal and/or that the President lacked authority to initiate
the war, are barred by the "political question" doctrine; and 2.
Lieutenant Watada's personal philosophy and his beliefs
concerning Operation Enduring Iraqi Freedom are irrelevant, and
evidence of this sort should be excluded.
3
Amici submit that the Army misconceives a central issue.
That issue is: Under the Nuremburg Principles, as incorporated
by the United States Army in US Army Field Manual, The Law of
Land Warfare (FM 27-10, 1956), does Lieutenant Watada have a good
faith and reasonable belief that he would be ordered to commit
war crimes and that such orders would be likely to continue?
Accordingly this case presents the dilemma faced by a
soldier who, in the midst of a military campaign, confronts what
reasonably appear to him to be orders to commit war crimes.
What is he to do?
There appear to be no good solutions.
If he refuses to take part in the combat activity of his
unit, he may endanger the lives of his fellow soldiers as well as
his own life.
If he "obeys now and grieves later," the war crimes will
likely be consummated long before the protest can be resolved.
Perhaps the soldier perceives not a single war crime, but a
pattern of serious misconduct. Indeed, he may conclude that his
country is engaged in what the United States at Nuremberg
insisted should be viewed as the principal war crime: a war of
aggression, or "crime against peace."
What then?
Should the soldier be required to continue to take part in
what he believes in good faith to be a pattern of criminality
until, months later, the status of his protest is decided?
Amici believe that all these questions are posed by
4
II
Lieutenant Watada's experiences.
The decision in Lieutenant Watada's case will be
consequential, not just for him, but for thousands of other
United States service persons who may find themselves faced with
the same dilemma.
5
u
II . THE NUREMBERG PRECEDENT
For the past half century, the verdicts at Nuremberg in
trials of German leaders after World War II have provided the
fundamental standards by which alleged war crimes are to be
assessed.
The Charter of the International Military Tribunal (IMT)
identified three kinds of war crimes:
(a) Crimes against peace: namely, planning, preparation,
initiation or waging of a war of aggression, or a war
in violation of international treaties, agreements or
assurances, or participation in a common plan or
conspiracy for the accomplishment of any of the
foregoing;
(b) War crimes: namely, violations of the laws or customs
of war. Such violations shall include, but not be
limited to, murder, ill-treatment or deportation to
slave labor or for any other purpose of civilian
population of or in occupied territory, murder or ill-
treatment of prisoners of war or persons on the seas,
killing of hostages, plunder of public or private
property, wanton destruction of cities, towns or
villages, or devastation not justified by military
necessity;
(c) Crimes against humanity: namely, murder,
extermination, enslavement, deportation, and other
inhumane acts committed against any civilian
population, before or during the war; or persecutions
on political, racial or religious grounds, in execution
of or in connection with any crime within the
jurisdiction of the Tribunal, whether or not in
violation of domestic law of the country where
perpetrated. 1
IThe Charter was part of the Treaty of London, Aug. 8, 1945
(59 Stat. 1544), which established an International Military
Tribunal. The Nuernberg Case as Presented by Robert H. Jackson,
Chief Of Counsel for the United States (New York: Cooper Square
Publishers, 1971), pp. 22-23. The first session of the general
assembly of the United Nations unanimously affirmed the principles
of international law in the Charter, and directed the
International Law Commission to formulate them into an
International Criminal Code. Res. 95 (1), Dec. 11, 1946. The
text of the Charter may be found in Michael R. Marrus, The
Nuremburg War Crimes Trial, 1945-46: A Documentary History
6
Apart from the definition of war crimes, three principles
set forth in the Charter are of particular importance here.
The first is that the defense of "superior orders"2 is
expressly rejected.
The second is that aggressive war is a crime no matter what
nation may commit it.
The third is that international law must take precedence
over the law of any particular nation.
A. The Defense Of Superior Orders Rejected
Article 8 of the Charter specified: "The fact that the
defendant acted pursuant to order of his Government or of a
superior shall not free him from responsibility, but may be
considered in mitigation of punishment if the Tribunal determines
(Boston: Bedford Books, 1997), pp. 51-55.
2This was later often called the "Eichmann defense," in
reference to the spectacular trial of Adolf Eichmann in Jerusalem
in 1961. Eichmann had been head of the Jewish Affairs Section of
the Reich Security Head Office and was viewed as one of those
chiefly responsible for the attempted "final solution of the
Jewish question." Eichmann's defense rested in part on the claim
that he had acted on superior orders and, moreover, under duress
that left him no moral choice. The Israeli court rejected this
argument, holding that "the accused closed his ears to the voice
of conscience." The court quoted the judgment of a District
Military Court following the IMT that if an order was "manifestly
unlawful, it cannot be used as an excuse." Cited in Robert K.
Woetzel, The Nuremberg Trials in International Law, with a
Postlude on the Eichmann Case (New York: Praeger, 1962), p. 269.
The Court of Appeals in Eichmann's case further concluded in 1962
that "the appellant had received no 'superior orders' at all. He
was his own superior, and he gave all orders in matters that
concerned Jewish affairs. . . ." Cited in Hannah Arendt, Eichmann
in Jerusalem (New York: Viking Press, 1963), p. 227.
7
that justice so requires."3
Nevertheless, several of the defendants in the Trial of the
Major War Criminals and many defendants in subsequent trials used
the argument of superior orders to defend themselves. The
Judgments of the International Military Trubunal (IMT) rejected
this defense in all cases, generally on the ground that the
Charter prohibited it. In some cases, the defense was rejected
even for the purpose of mitigating a sentence. For example, in
the case of Wilhelm Keitel (Chief of the High Command of the
Armed Forces, directly under Hitler) the Tribunal concluded:
There is nothing in mitigation.
soldier, cannot be considered in
shocking and extensive have been
ruthlessly, and without military
Superior orders, even to a
mitigation where crimes as
committed consciously,
excuse or justification.4
Similarly, the defense of superior orders was rejected without
mitigation in the case of Alfred JodI:
There is nothing in mitigation. Participation in such war
crimes as these has never been required of any soldier and
he cannot now shield himself behind a mythical requirement
of soldierly obedience at all costs as his excuse for
commission of these crimes.5
Article 8 of the Charter was extended essentially unchanged
to the prosecution of war crimes throughout occupied Germany by
3Marrus, The Nuremburg War Crimes Trial, p. 53.
4Trial of the Major War Criminals before the International
Military Tribunal, Nuremburg, 14 November 1945 - 1 October 1946
(hereafter "TMWC") (Nuremburg: Secretariat of the Tribunal, 1948),
v. XXII, p. 536.
5TMWC, v. XXII, p. 571.
8
Article II.4(b) of Control Council Law No. 10.6 Numerous trials
conducted under the authority of the four occupying powers, in
accord with this law, built up a substantial body of judicial
opinion on the inadmissibility of the defense of "superior
orders," which was drawn upon in the later trial of Adolf
Eichmann (see note 2, above). In the opinion of Telford Taylor,
who served at Nuremberg as Chief of Counsel for war crimes and
chief prosecutor, the major legal significance of the Law No. 10
trials lay in "those portions of the judgments dealing with the
area of personal responsibility for international law crimes. ,,7
B. Aggressive War Is A Crime Under International Law No Matter
What Nation May Commit That Crime
The nations which framed the Charter, the judges of the
Tribunal, and in particular, the representatives of the United
States, considered that henceforth the crimes defined at
Nuremberg should apply to all nations, including those that
conducted the trials. Among these crimes was the "crime against
peace" of aggressive war.
Robert Jackson, Associate Justice of the United States
Supreme Court and Chief Counsel for the United States during the
Nuremberg proceedings, reported that the definition of aggressive
war occasioned "the most serious disagreement" at the conference
6Telford Taylor, Final Report to the Secretary of the Army on
the Nuernberg [sic] War Crimes Trials under Control Council Law
No. 10 (Washington, D.C.: U.S. Government Printing Office, 15
August 1949), esp. pp. 6-9, 250-53.
7Id., p. 109 (emphasis by Taylor).
9
which drafted the Charter. Jackson stated that the United States
"declined to recede from its position even if it meant the
failure of the Conference." He described the conflict as
follows:
The Soviet Delegation proposed and until the last meeting
pressed a definition which, in our view, had the effect of
declaring certain acts crimes only when committed by the
Nazis. The United States contended that the criminal
character of such acts could not depend on who committed
them and that international crimes could only be defined in
broad terms applicable to statesmen of any nation guilty of
the proscribed conduct.8
Telford Taylor corroborates Jackson's account. According to
Taylor, "the definition of the crimes to be charged . was an
important question of principle which at first appeared to be
intractable." The Soviets, Taylor says, wanted to charge the
Nazi leaders with " [a]ggression against or domination over other
nations carried out by the European Axis .
"
The Soviets
were willing to define "war crimes" and "crimes against humanity"
as violations of international law no matter by whom committed.
But the Russians
and the French
resisted creating a new
crime of aggressive war.9
8Report of Robert H. Jackson, United States Representative to
the International Conference on Military Trials (New York: AMS
Press, 1949), pp. vii-viii.
9Telford Taylor, The Anatomy of the Nuremberg Trials (New
York: Alfred A. Knopf, 1992), pp. 65-66 (emphasis added).
Scholarship during the past half century has confirmed the account
by Jackson and Taylor. An authoritative article appearing in 2002
states:
the difficulties centered on whether the substantive
definition of aggression would specify Nazi or Axis
aggression (the Soviet position), or would define the crime
10
II
At the final meeting of the London conference, the Soviet
qualifications were dropped and agreement was reached on a
generic definition acceptable to all. In his Opening Statement
to the Tribunal, Justice Jackson articulated the consensus
reached by the United States, France, Great Britain and the
Soviet Union.
[L]et me make clear that while this law is first applied
against German aggressors, the law includes, and if it is to
serve a useful purpose it must condemn aggression by any
other nations, including those which sit here now in
judgment.10
Telford Taylor quoted this solemn affirmation by Justice Jackson
on the first page of Taylor's subsequent book on Nuremberg and
Vietnam. 11
[against peace] in a clean, universal way that might, in
another era, even include American acts (the Jackson
position). . . . In the end, the Charter for the new
tribunal embodied Jackson's view. . . .
Jonathan A. Bush, "'The Supreme. . . Crime' and its Origins: The
Lost Legislative History of the Crime of Aggressive War," Columbia
Law Review, v. 102, No.8 (Dec. 2002), p. 2369.
100pening Statement for the United States, Nov. 21, 1945, The
Nuernberg Case as Presented by Robert H. Jackson Chief of Coun&el
for the United States (New York: Cooper Square Publishers, 1971),
p. 93.
11Telford Taylor, Nuremberg and Vietnam: An American Tragedy
(New York: Bantam Books, 1971), pp. 11-12. Taylor went on to say:
However history may ultimately assess the wisdom or
unwisdom of the war crimes trials, one thing is indisputable:
At their conclusion, the United States government stood
legally, politically and morally committed to the principles
enunciated in the charters and judgments of the tribunals.
[Taylor shows that the President of the United States, thirty
or more American judges who took part in the tribunals,
General Douglas MacArthur, and the United States delegation
to the United Nations general assembly, all squarely endorsed
11
Ii
To the same effect, an important modification of the
language of the Charter by Law No. 10 was that the latter dropped
phraseology limiting the jurisdiction of the tribunals to persons
"acting in the interests of the European Axis countries," making
way for expansion of the Nuremburg Principles beyond the
immediate prosecution of agents of the defeated European powers.
As Taylor wrote, "Nuremburg is a historical and moral fact with
which, from now on, every government must reckon in its internal
and external policies alike." Recalling the declaration of the
Tribunal regarding the impartial application of its principles to
all, Taylor wrote:
We may not, in justice, apply to these defendants because
they are Germans, standards of duty and responsibility which
are not equally applicable to the officials of the Allied
Powers and to those of all nations.12
And on the last page of his book on Nuremberg, published
shortly before his death, Taylor once again affirmed what he
the Nuremberg principles in one way or another.]
Thus the integrity of the nation is staked on those
principles, and today the question is how they apply to the
conduct of our war in Vietnam, and whether the United States
Government is prepared to face the consequences of their
application.
[T]he Son My [My Lai] courts-martial are shaping
the question for us, and they can not be fairly determined
without full inquiry into the higher responsibilities.
Little as the leaders of the Army seem to realize it, this is
the only road to the Army's salvation, for its moral health
will not be recovered until its leaders are willing to
scrutinize their behavior by the same standard that their
revered predecessors applied to Tomayuki Yamashita 25 years
ago.
Id., pp. 94, 182.
12Taylor, Final Report, pp. 234, 235.
12
obviously considered to be the heart of the Nuremberg
proceedings. Reflecting on the growing demand in the 1990s for
the establishment of a permanent tribunal for the trial of
international crimes, Taylor recalled
that the Nuremberg Tribunal had jurisdiction only over "the
major war criminals of the European Axis countries."
Considering the times and circumstances of its creation, it
is hardly surprising that the Tribunal was given
jurisdiction over the vanquished but not the victors. Many
times I have heard Germans (and others) complain that "only
the losers get tried."
Taylor continued:
Early in the Korean War, when General Douglas
MacArthur's forces landed at Inchon, the American and South
Korean armies drove the Koreans all the way north to the
border between North Korea and China, at the Yalu River.
About a week later the Chinese attacked in force and their
opponents were driven deep into South Korea.
During the brief period when our final victory appeared
in hand, I received several telephone calls from members of
the press asking whether the United States would try suspect
North Koreans as war criminals. I was quite unable to
predict whether or not such trials would be undertaken, but
I replied that if they were to take place, the tribunal
should be established on a neutral base, preferably by the
United Nations, and given jurisdiction to hear charges not
only against North Koreans but South Koreans and Americans
(or any other participants) as well.
And Taylor concluded:
I am still of that opinion. The laws of war do not
apply only to the suspected criminals of vanquished nations.
There is no more or legal basis for immunizing victorious
nations from scrutiny. The laws of war are not a one-way
street.13
13Taylor, Anatomy of the Nuremberg Trials, p. 641. The
principal author of this pleading, although a vigorous opponent of
the Vietnam War, took a similar position in declining to take part
in the War Crimes Tribunal created by Lord Bertrand Russell. See
Bush, "'The Supreme. . . Crime'," p. 2393 n.224, citing Staughton
Lynd, "The War Crimes Tribunal: A Dissent," Liberation, v. 12
(Dec. 1967-Jan. 1968), p. 76.
13
It is crystal clear that, after the Nuremberg trials, the
United States was committed to having its own conduct judged
according to the principles of international law applied in those
proceedings.
14
C. International Law takes Precedence over National Law
Expansion and clarification of the Nuremburg Principles was
carried forward by the U.N. International Law Commission in 1950,
when it adopted and codified them in broad application to
international law, drawing in some cases on the judgments of the
Tribunal.
Here the Commission highlighted at the outset the principle
"that international law may impose duties on individuals directly
without any interposition of internal law," and, as a corollary,
that individuals are not relieved of responsibility under
international law "by the fact that their acts are not held to be
crimes under the law of any particular country." The Commission
went on to point out that this implies "what is commonly called
the 'supremacy' of international law over national law," and to
cite the declaration of the IMT that
the very essence of the Charter is that individuals have
international duties which transcend the national
obligations of obedience imposed by the individual State.14
Article 8 was revised by the International Law Commission to
read:
The fact that a person acted pursuant to order of his
Government or of a superior does not relieve him from
responsibility under international law, provided a moral
choice was in fact possible to him.IS
I4"Principles of International Law Recognized in the Charter of
the Nuremburg Tribunal and in the Judgment of the Tribunal,"
adopted by the U.N. International Law Commission, 2 August 1950,
U.N. Doc. A/1316, 2 Y.B.I.L.C. 374 (1950), Principle I, par. 99;
Principle II, par. 100, 102. See also TMWC, v. XXII, pp. 465,
466.
lSId., Principle IV.
15
In this formulation, the provision of Article 8 allowing
mitigation of punishment was dropped on the ground that "the
question of mitigating punishment is a matter for the competent
court to decide," rather than a matter of general principle.16
At the same time, the provision concerning moral choice was
added, based upon the following declaration of the judgment:
The provisions of this article . . . are in conformity with
the law of all nations. That a soldier was ordered to kill
or torture in violation of the international law of war has
never been recognized as a defense to such acts of
brutality. The true test, which is found in varying
degrees in the criminal law of most nations, is not the
existence of the order but whether moral choice was in fact
possible .17
The question was, and is, how is an ordinary soldier on the
battlefield supposed to act on these understandings?
III. THE NUREMBURG PRECEDENT IN UNITED STATES COURTS AND
MILITARY TRIBUNALS
During and after the Vietnam war, United States courts and
military tribunals were asked to apply the Nuremberg Principles
to the conduct of individual soldiers. The civilian judicial
system washed its hands of the issue and (to use another Biblical
metaphor) passed by on the other side. Military tribunals were
far more forthright than their civilian counterparts in facing
the problem but did not succeed in resolving the dilemma.
A. David Mitchell And The Fort Hood Three
16Id., Principle IV, par. 106.
17Id., 105
par. .
See also TMWC, v. XXII, p. 466.
16
David Mitchell was not a pacifist and could not have
qualified for Conscientious Objector status. In the summer of
1961, he writes, "I was involved in swimming out to protest
against and symbolically block the launching and deployment of a
nuclear-armed Polaris submarine. I was jailed, and after being
released from jail in New London, Connecticut, I found
classification forms from the draft board awaiting me.,,18 He
informed his draft board that he would refuse to cooperate with
conscription.
Awaiting a response from the Selective Service system,
Mitchell became aware of Fyke Farmer, a Tennessee attorney who
had refused to pay taxes during the Korean war. Farmer, Mitchell
states, "had been the first to invoke the principles of Nuremburg
Law." In doing so he sought not just exemption from a war he
considered immoral, but "a condemnation of that wrong itself."
As Mitchell informed his draft board: "I certainly wouldn't have
worked in a Nazi concentration camp just because I would not have
to tend the ovens or the gas but could be a guard or clerk.,,19
Mitchell surrendered to the FBI in June 1965. At trial, he
raised the issue
whether a draftee, ordered to report for induction in the
armed forces of the United States, may lawfully refuse to
obey the order on the grounds that the government is engaged
in the commission of crimes against peace, war crimes, and
crimes against humanity as defined by international law
l8We Won't Go: Personal Accounts of War Objectors, collected by
Alice Lynd (Boston: Beacon Press, 1968), pp. 93-94.
19Id., 94 97
pp. - .
17
II
recognized by the Charter and Judgment of the Nuremberg
Tribunal .
Fyke Farmer became Mitchell's counsel on appeal. The Court of
Appeals reversed his first conviction, stressing that Mitchell's
"refusal to comply with Selective Service requirements was not
because he was a pacifist but because, if he submitted to the
draft, the 'Nuremberg Law' would render him 'guilty of complicity
in crimes defined by the Charter of the International Military
Tribunal'
" 20
Mitchell was again found guilty in district court and
sentenced to five years in prison. This time the Court of
Appeals affirmed, and the Supreme Court of the United States
denied certiorari. Justice William Douglas dissented from the
denial of certiorari. He stated in part that petitioner's
defense was that the "war" in Vietnam was being conducted in
violation of various treaties to which we were a signatory,
especially the Treaty of London of August 8, 1945, 59 Stat.
1544, which in Article 6(a) declares that "waging of a war
of aggression" is a "crime against peace," imposing
"individual responsibility." Article 8 provides: "The fact
that the Defendant acted pursuant to order of his Government
or of a superior shall not free him from responsibility, but
may be considered in mitigation of punishment . "
Mr. Justice Jackson, the United States
prosecutor at Nuremberg, stated: "If certain acts in
violation of treaties are crimes, they are crimes whether
the United States does them or Germany does them, and we are
not prepared to lay down a rule of criminal conduct against
others which we would not be willing to have invoked against
us." (International Conference on Military Trials, Dept.
State Pub. No. 3880, p. 330.)
Article VI, cl. 2, of the Constitution states that
"treaties" are a part of "the supreme law of the land; and
the Judges in every State shall be bound thereby."
There is a considerable body of opinion that our
20Id. , 99 102
pp. - .
18
actions in Vietnam constitute the waging of an aggressive
"war."
This case presents the questions:
(1) whether the Treaty of London is a treaty within the
meaning of Article VI, cl. 2;
(2) whether the question of the waging of an aggressive
"war" is in the context of this criminal prosecution a
justiciable question;
(3) whether the Vietnam episode is a "war" in the sense
of the Treaty;
(4) whether petitioner has standing to raise the
question;
(5) whether, if he has, it may be tendered as a defense
in this criminal case or in amelioration of the punishment.
These are extremely sensitive and delicate questions.
But they should, I think, be answered.. 21
In Mora et al. v. McNamara et al., three young men already
drafted into military service -- Dennis Mora, James Johnson, and
David Samas -- refused to deploy to Vietnam. They offered
essentially the same defense as had David Mitchell, adding the
provisions of the US Army Field Manual, The Law of Land Warfare
(FM 27-10, 1956). This time two justices of the United States
Supreme Court, Justices Douglas and Potter Stewart, dissented
from denial of certiorari.22
B. Howard Levy
Captain Howard B. Levy, M.D., also a draftee, refused to
teach medicine to Green Beret soldiers at Fort Jackson, South
Carolina. His case reached the Supreme Court of the United
States. In Parker v. Levy, 417 U.S. 733 (1974), the high court
reversed a decision of the Third Circuit Court of Appeals which
21Douglas, J., dissenting, in Mitchell v. United States, 386
U.S. 972 (1967), quoted in We Won't Go, ed. Alice Lynd, pp. 102-
04.
22Id., 182 84
pp. -.
19
had held that Articles 133 and 134 of the Uniform Code of
Military Justice were unconstitutionally vague and overbroad.
The Supreme Court upheld the validity of the UCMJ and of Levy's
court martial conviction. Justice Stewart angrily read his
dissenting opinion from the bench.
Whereas the Supreme Court focused on First Amendment
doctrine in relation to the UCMJ, the court martial gave much
more attention to Vietnam. And in the course of a ruling on
other matters, Colonel Earl Brown, the law officer, suddenly
injected the possibility of a defense based on Nuremberg.
Now the defense has intimated that special forces
aidmen are being used in Vietnam in a way contrary to
medical ethics. My research on the subject discloses that
perhaps the Nuremberg Trials and the various post war
treaties of the United States have evolved a rule that a
soldier must disobey an order demanding that he commit war
crimes, or genocide, or something to that nature. However,
I have heard no evidence that even remotely suggests that
the special forces of the United States Army have been
trained to commit war crimes, and until I do, I must reject
this defense.23
In colloquy with the prosecutor that followed, Colonel Brown
stated that if the aidmen were being "trained to commit war
crimes, then I think a doctor would be morally bound to refuse"
to train them.24
23Tr. at 875, quoted in Robert N. Strassfeld, "The Vietnam War
on Trial: The Court-Martial of Dr. Howard B. Levy," 1994 Wisconsin
Law Review 839, 902.
24Tr. at 878, quoted in id., p. 903. According to Professor
Strassfeld, Colonel Brown had often discussed the implications of
the Nuremberg and Tokyo war crimes trials as a law instructor at
West Point in the late 1940s, and had been deeply impressed by the
movie Judgment at Nuremberg.
20
II
Counsel for Dr. Levy were given one extra day to assemble
witnesses to put on a Nuremberg defense. The defense found three
witnesses. Donald Duncan was a former Special Forces Sergeant,
who became disaffected while serving in Vietnam and resigned from
the Army. Robin Moore was the author of a bestselling book, The
Green Berets. Captain Peter Bourne was an Army psychiatrist who
had served in Vietnam. The defense also proffered as exhibits
4,000 articles describing war crimes in Vietnam, including war
crimes by the Special Forces, and a brief by Professor Richard
Falk, an international law expert at Princeton, assisted by
Richard Barnet of the Institute for Policy Studies. Finally, the
defense submitted a list of thirty-eight witnesses to be called
should Col. Brown determine that a prima facie case of Nuremberg
violations had been made out.25
An out-of-court hearing followed. The Law of Land Warfare
prohibits assassination of enemy soldiers or civilians. Duncan
and Moore described assassination by United States forces and by
the Vietnamese personnel that they trained. The Law of Land
Warfare prohibits "putting a price on an enemy's head," but
Duncan and Moore testified that in Vietnam it was a common
practice. Most riveting, it seems, was defense testimony about
torture and murder of unarmed prisoners, although The Law of Land
Warfare prohibits killing prisoners "even in the case of . .
25Id., 905 08
pp. -.
21
commando operations. ,,26
Assessing the Nuremberg defense presented by Dr. Levy's
counsel, Professor Strassfeld comments:
It could have been argued that the Geneva Conventions were
largely inapplicable to South Vietnam and U.S. conduct in
South Vietnam, especially as it affected civilians.
However, the U.S. did not adopt that position. Application
of the Nuremberg principles to Levy would arguably extend
them beyond existing precedents because of his attenuated
relationship to Special Forces conduct in Vietnam.
Instead of grounding the denial of the defense in one of these
arguments, Brown simply ruled that Levy had failed to make a
prima facie showing.27
C. After Vietnam
The evasion of Nuremberg by the United States Supreme Court
in the Mitchell, Mora, and Levy cases continues to cast a long
shadow. Military tribunals quote and rely on the high court's
pronouncement in Parker v. Levy that "the military is, by
necessity, a specialized society," and hence "the fundamental
necessity for obedience, and the consequent necessity for
imposition of discipline, may render permissible within the
military that which would be constitutionally impermissible
outside it. ,,28
Under Levy and the military manuals that reflect it, a
military order is presumed to be lawful and is disobeyed at the
26 I d., pp. 908 -15 .
27 I d., pp. 922 - 23 .
28United States v. Moore, 58 M.J. 466, 2003 CAAF LEXIS 694
(2003), quoting Parker v. Levy, 417 U.S. 733, 743, 758 (1974).
22
subordinate's peril. To be sure, the order must not conflict
with "the statutory or constitutional rights of the person
receiving the order.,,29 But what if the order conflicts with the
principles, not yet fully incorporated in statute or Supreme
Court precedent,30 on which the United States relied to execute
German and Japanese war criminals?
A related issue is the responsibility of staff officers for
war crimes by their subordinates. William Calley was a platoon
leader. (Lt. Watada holds a similar position). After My Lai,
Calley was convicted but his Brigade Commander and Company
Commander were acquitted, even though, according to Calley's
testimony, Capt. Medina's initial briefing for the mission
ordered the troops to "kill every living thing -- men, women,
29Id., citing Manual for Courts Martial, United States (2002
ed.), Part IV, para. 14.c(2) (a) (i), and United States v. Womack,
29 M.J. 88, 90 (C.M.A. 1989).
30Recent decisions of the United States Supreme Court exhibit
an increased receptivity to precedents established by
international law or "the law of nations." In the majority
decision about the rights of prisoners at the Guantanamo detention
facility, the justices turned historian and cited such precedents
as the case in which Lord Mansfield set free an African slave
purchased in Virginia, bound for Jamaica, but temporarily detained
on a ship docked in England. Somersett v. Stewart, 20 How. St.
Tr. 1, 79-82 (K.B. 1772), cited in Rasul et al. v. Bush et al.,
No. 03-334 (June 28, 2004), Slip Opinion at 13 n.11. In another
decision about a Mexican doctor kidnapped by drug enforcement
agents, the Court continued to probe the "ambient law" of the
Revolutionary era, concluding that courts of that period were open
to claims based on "the law of nations" and that a court today
should likewise entertain a claim that rests "on a norm of
international character accepted by the civilized world." So sa v.
Alvarez-Machain et al., No. 03-339 (June 29, 2004), Slip Opinion
at 17, 19, 30.
23
children, and animals."31 An investigative team headed by Lt.
Gen. William Peers recommended that charges be preferred against
the division chief of staff, the brigade operations officer, the
task force operations and intelligence officers, and the division
chaplain, but nothing was done about it.32
An intrepid Lieutenant Colonel, writing in the Military
Review, has discussed the bombing of Dresden and the My Lai
massacre in the light of Nuremberg. Michael Davidson states
flatly, citing US Army Field Manual, The Law of Land Warfare (FM
27-10, 1956):
The legal precedents established at Nuremberg constitute
international law and, as such, are part of US law.
Accordingly, the war crimes trials define standards of
wartime conduct for US military personnel and for enemy
soldiers charged with war crimes by an international
tribunal or by a US military tribunal or courts-martial.33
One might wish it to be so but this is not quite what The
Law of Land Warfare amounts to. The introduction to FM 27-10
lists more than a dozen "treaties relating to the conduct of land
warfare which have been ratified by the United States." The list
includes six Geneva Conventions and six Hague Conventions but
there is not one word about Nuremberg.34
31U.S. v. Calley, 48 C.M.R. 19, 23-24 (1974).
32Lt. Col. Michael Davidson, "Staff Officer Responsibility for
War Crimes," Military Review (Mar. -Apr. 2001), p. 54.
33Id., p. 55, citing Taylor, Nuremberg and Vietnam, p. 143, and
US Army Field Manual, The Law of Land Warfare (Washington DC: US
Government Printing Office, 1956), pp. 180-81.
34Nicholas Turse, a major contributor to this submission,
writes: "In the introduction to FM 27-10 there is a reference to
24
In its Provision 509, part of a chapter on "Remedies for
Violation of International Law War Crimes," The Law of Land
Warfare attempts to confront the Nuremberg Principles (but
without referring to Nuremberg). The text reads:
509. Defense of Superior Orders
a. The fact that a law of war has been violated pursuant to
an order of a superior authority, whether military or civil,
does not deprive the act in question of its character of a
war crime, nor does it constitute a defense in a trial of an
accused individual, unless he did not know and could not
reasonably have been expected to know that the act ordered
was unlawful. . . .35
Likewise the Manual for Courts-Martial provides that "a patently
illegal order" does not enjoy the presumption of legality. But
what is a patently illegal order? The definition, "one that
directs the commission of a crime" set forth in The Law of Land
Warfare, is not particularly helpful. No list is provided in
ei ther guidebook. 36
. . . TM 27-251. This document is a 300 plus page Army pamphlet
27-1 titled Treaties Governin Land Warfare. This entire document
can be found at: http: www.usapa.army.mil pdffilesl p27%5F1.pdf.
Searching the index, I found no reference to Nuremberg."
35FM 27-10, p. 182. Malham M. Wakin, "Applying Nuremberg
Principles to Limited War," United States Air Force Academy
Journal of Legal Studies, v. 6 (1996), p. 169, comments that this
provision "seems to have caught the spirit of the Nuremberg
principles in balanced fashion." While this may be so in the
abstract, Provision 509 does not give sufficient guidance to help
the Sergeant Bendermans of this world decide how to act.
36Id., p. 58, citing Manual for Courts-Martial United States
(MCM) (Washington DC: Government Printing Office, 1998), para.
14c (2) (a) (i), and FM 27-10, p. 182. A massive article by Mark
Osiel describes the "legal uncertainty" that exists concerning
what military activity is manifestly unlawful. Mark J. Osiel,
"Obeying Orders: Atrocity, Military Discipline, and the Law of
War," 86 California Law Review (1998) 939, 978-1020. Osiel
25
H
During the Vietnam war, a platoon leader ordered a soldier
under his command to execute a detainee. The soldier testified
at his court martial that he heard the company commander order
the platoon leader to kill the detainee, and that a previous
platoon leader had been relieved of his command when a detainee
escaped. The military appeals court found that the platoon
leader's order was "palpably illegal" and "patently wrong," and
upheld Staff Sergeant Griffen's conviction for murder.37
On the other hand, also in Vietnam, Lt. James Duffy, leading
a patrol composed mainly of draftees, entered a village, took a
prisoner, and asked his men if anyone would like to execute the
prisoner. The victim was shot in the head the next morning by an
executioner chosen by Duffy from among several volunteers. At
trial, four lieutenants testified that their orders were "to take
no prisoners" and that their superiors "laid primary stress on
the body count." The court, having convicted the lieutenant of
murder, revoked its judgment, reduced it to involuntary
manslaughter, and sentenced Duffy to six months' confinement.38
This is decision-making on the basis of "I know [a war
concludes that the three traditional indicia of manifest
illegality are (1) moral gravity, (2) clarity, and (3) procedural
irregularity, but that these criteria "bear no necessary relation
to one another and so, not surprisingly, are regularly at odds in
concrete cases." 1d. at 1020.
371d., p. 59, citing United States v. Griffen, 39 C.M.R. 586
(1968~at 588, 590.
38Taylor, Nuremberg and Vietnam, pp. 150-51, basing his account
on reporting between March 28 and AprilS, 1970, by New York Times
reporter Philip Shabecoff.
26
Ii
crime] when I see it." It is essentially standardless and
subjective. Indeed it hardly advances beyond the statement of
Roger Taney, Chief Justice of the United States Supreme Court, in
the era of the Civil War: "[I]t can never be maintained that a
military officer can justify himself for doing an unlawful act,
by producing the order of his superior. The order may palliate,
but it cannot justify."39
Lt. Watada has been obliged to try to find his way by this
uncertain compass.
IV. CONCLUSION
Beyond Lt. Watada's individual predicament, how does the
United States military propose to regard the next soldier who
comes to the conviction that the fighting in which he is engaged
is illegal? Will he be required to oppose "war in any form"
before he is excused from obedience to particular orders that he
believes to be criminal? Or to pose the problem more abstractly,
how can the Nuremberg Principles that the United States professes
to honor be incorporated in existing law?
Professor Donald A. Peppers has made a case for recognition,
on the basis of Nuremberg, of what he calls "selective
39Steven Fogelson, "Note: The Nuremberg Legacy, An Unfulfilled
Promise," Southern California Law Review, v. 63 (March 1990), text
at n. 233. Taney made his comment in Mitchell v. Harmony, 13 U.S.
(1 How.) 115, 137 (1851). The author states that the prosecution
of Henry Wirz, the Confederate commandant of the prisoner of war
camp at Andersonville, proceeded along these lines. Although Wirz
produced evidence at trial that he followed the orders of his
superior, General John H. Winder, he was found guilty of murder
"in violation of the laws and customs of war."
27
Ii
nonconscientious objection."4o He argues that for practical
purposes the war crimes of most consequence for the individual
soldier are those described in the Nuremberg Charter as "war
crimes" and "crimes against humanity," which at trial were almost
always merged.41 He indicates that these offenses fall into
three groups: crimes relative to prisoners of war, crimes
relating to civilian populations, and crimes involving
impermissible weapons or tactics of warfare.42 But he readily
concedes that specific definition of crimes in these three areas
"has been swiftly deteriorating" because of changes in the nature
of war itself: because of a rapid growth of guerilla and
terrorist activity; because of what Richard Falk terms the
"undetermined status of certain territorial entities and the
effect of contradictory acts of recognition"; and because of the
horrifying possibilities of an unintended escalation of a limited
conflict.43
Given this uncertainty in the definition of war crimes,
Peppers argues that "the more indeterminate and cloudy the
definitions of war crimes under international law, the stronger
is an individual's right" not to be placed in a situation where
4oDonald A. Peppers, "War Crimes and Induction: A Case for
Selective Nonconscientious Objection," Philosophy and Public
Affairs, v. 3, no. 2 (Winter 1974), pp. 129-66.
41Id. , pp. 133-35.
42Id., pp. 135-38.
43Id., p. 163.
28
Ii
he must choose whether or not to engage in particular actions.
[A]s the definitions of criminal acts in war become
increasingly less sharp, the point in the process of being
compelled (or ordered) at which the individual has the right
to protest legitimately becomes progressively farther
removed from the final order actually to commit criminal
acts. In effect, when the choice a person is forced to make
becomes more difficult because the definition of the crime
in question is unclear, or because it is unclear whether the
act is still (or yet) considered a crime at all, then the
obligation of the state not to place a citizen in that
position becomes that much stronger.44
On one point the evolution of United States military
doctrine since Peppers wrote in 1974 may call for an extension of
his argument.
Peppers reports that at Nuremberg only statesmen and the
highest military officers were charged with the "crime against
peace" of aggressive war. The United States has now explicitly
endorsed the doctrine of preemptive war. In a speech at the 2002
graduation exercises at West Point, President George W. Bush,
remarked that for much of the last century, America's defenses
had relied on the Cold War doctrines of deterrence and
containment. But, the President argued, containment means
nothing against "terrorist networks with no nation or citizens to
defend," "the war with terror will not be won on the defensive,"
and the United States must be prepared for "preemptive action
when necessary.,,45 In September 2002, the Bush Administration
44Id., p. 162.
45http://www.whitehouse.gov/news/releases/2002/06/20020601-
3.html (emphasis added) .
29
Ii
promulgated a new National Security Doctrine which stated, in
part, that
we will not hesitate to act alone, if necessary, to exercise
our right of self-defense by acting preemptively against
such terrorists, to prevent them from doing harm against our
people and our country.46
This new doctrine would appear expressly to violate the
condemnation of aggressive war on which the United States
insisted at Nuremberg. Certainly a conviction that his country
is an aggressor in violation of international law is a part of
Lt. Watada's conclusion that what he is being ordered to do is
wrong. In his case, then, and in future cases like his, a
potential or actual soldier should be entitled to refuse orders
not only because they require "war crimes" or "crimes against
humanity," but also because they demand obedience to a "crime
against peace": aggressive war.
Professor Pepper's critique supports Lt. Watada's decision
to protest by refusing to deploy. Refusal to fight on Nuremburg
Principles when in the midst of combat, and surrounded by fellow
soldiers towards whom one rightly feels responsible, is not
practical. Yet refusal to fight is precisely what Nuremburg
demands. The solution, as Pepper indicates, is to refuse to
continue to engage in combat at a time and place that do not
immediately endanger others. That is what Lt. Watada is charged
with doing.
46The National Security Strategy of the United States of
America (Washington D.C.: Sept. 2002), p. 5 (emphasis added).
30
II
For the foregoing reasons, among others, the charges against
Lt. Watada should be dismissed.
Respectfully submitted,
Staughton Lynd
31
Ii
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City Support Expected For Soldier's Iraq Refusal
f/fi) NEWS
Aug. 27 - KGO - Berkeley's city council is expected to pass a measure in support of an army officer who's refusing to
serve in Iraq.
First Lieutenant Ehren Watada faces a possible court marital because of his decision. He calls the Iraq war illegal,
although he's offered to serve in Afghanistan instead.
His father came to Berkeley to meet with supporters and city officials Saturday.
Watada's family stands by his decision, even though he could spend seven years in a military prison.
Bob Watada, Soldier's Father: "If you look at the uniform code of military justice it says very clearly that every soldier
has a duty to disobey an unlawful order."
If the coundl votes to support Watada, the move would fall in line with Berkeley's offidal position to impeach President
Bush because of the war in Iraq.
Copyright 2006, ABC7/KGO-TV/DT.
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Page 3 of 6
II
BPF 1 Statement on Lt. Watada
Page 1 of 2
-9 .,.
Statement from the Buddhist Peace Fellowship
In Support of Lt. Ehren Watada
August 25, 2006
and
What You Can Do to Support Lt. Watada
The Buddhist Peace Fellowship (BPF), founded in 1978, represents more than 4,000 people from many
Buddhist traditions and other spiritual backgrounds who have deep concern for our world and who aspire to
meet suffering with compassion and wisdom. BPF supports the words and actions of Lt. Ehren Watada as he
follows his conscience and his heart, and refuses to deploy to Iraq. We offer Lt. Watada our solidarity and
deep gratitude for this act of courage.
As we and many other Americans have followed the news from Iraq these past three years, we believe that
our country's actions and priorities have gone terribly wrong. So many people--citizens, military leaders, and
political analysts-warned that the Iraq war was built on false premises, and that it would serve to deepen
resentment and violence both in Iraq and towards the United States. This has proven true, as more than
2,000 U.S. military-our brothers, sisters, and children-have been killed there, along with untold numbers of
Iraqi civilians whose numbers grow daily in the face of a bitter civil war. The only benefit of this war has been
to the profit line of U.S. corporations like Halliburton and Bechtel, and arms manufacturers like Lockheed
Martin and General Dynamics.
The Buddha once taught: "Hatred is never appeased through hatred. Only through love is hatred appeased.
This is an eternal and unvarying law." The endless cycle of violence in Iraq is sadly bearing out this truth.
In the face of this illegal and immoral war, the stand that Lt. Watada has taken is truly courageous. In full
awareness of the consequences he will face, Lt. Watada has taken this stand because of his conviction that
others are being put in harm's way for a war being carried out under false premises by an administration that
continually violates the U.S. Constitution. In the Buddhist tradition, it might be said that Lt. Watada is a
bodhisattva - someone who is deeply concerned about the wellbeing of all people, and who puts the welfare
of others before his own.
We encourage all our members to contribute to support Lt. Watada's cause in whatever way they can, and
we urge all U.S. citizens to work together to end this war and bring the troops home.
Thank you, Lt. Watada. You speak for us.
Buddhist Peace Fellowship
www.bpf.org
PO Box 3470
Berkeley, CA 94703
What You Can Do to Support Lt. Watada
The future of Lt. Watada's court-martial is now in the hands of the generals at Fort Lewis. Phone calls and
letters from around the country could make a difference.
http://www .bpf.org/html/resources_and_links/statements/watada.html
10/212006
BPF 1 Statement on Lt. Watada
Page 2 of 2
Fort Lewis' Commanding General, Lieutenant General James Dubik makes the final decision on whether to
proceed to court-martial on any or all charges. Please take a moment today to phone and write Lt. Gen.
James Dubik and respectfully request "no court martial for Lt. Watada."
Use your own words, but a suggested message would be: "Along with tens of thousands, I support Lt. Ehren
Watada's right to refuse an illegal war. I ask that you not bring court martial proceedings against him. If there
is a court-martial this fall, I look forward to visiting Ft. Lewis and letting you know how I feel in person."
Lt. Gen. Dubik can be reached via his aide Lt. Colonel Kamper at 253-967-0022, and/or call the Ft.Lewis
switchboard at 253-967-1110. Or you can write to him at:
Commanding General
Fort Lewis and I Corps
Lt. Gen. James M. Dubik
Building 2025 Stop 1
Fort Lewis, W A 98433
When writing, please consider a handwritten letter on stationary (if available) posted via express or priority
mail for additional impact and timely delivery. We expect that Lt. Gen. Dubik will issue his decision next
week, but there is no required timeline. Do not delay and take action today. The contact address and phone
numbers for Lt. Gen. Dubik may change over the course of this action alert, so check www.ThankYouLt.org
for these and other updates.
-
U 0 !It; Il . J ':', .. H U ~IP
>
http://www . bpf.org/html/resources_and_links/statements/watada.html
10/2/2006
Debbie Clark
Veterans For Peace
Greater Atlanta Chapter 125
dclark@antiwar com
770-855-6163
June 27,2006
-/D ,-
STA TEMENT IN SUPPORT OF FIRST UEUTENANT EHREN WA TADA
It is my great honor and duty to be here today to share with others my support for the
action of First Lieutenant Ehren Watada in disobeying an unlawful order to serve in a
war that is both immoral and illegal, as well as to show my support for all military service
members and their families who are now resisting this war.
Lt. Watada's refusal to obey orders to deploy to Iraq with his unit was not made lightly. It
came about through much soul-searching and research that led him to the irreversible
conclusion that to participate in this unlawful war of aggression would make him an
accomplice to a criminal act.
Lt. Watada is the first commissioned officer to refuse orders to Iraq and is also the first
soldier to do so who is not a conscientious objector. His decision is based on legal
grounds as well as moral, with the recognition that a soldier has not only the duty to
obey all lawful orders, but also has the moral and legal obligation to disobey any
unlawful order.
Lt. Watada's mother described her son as having "an unflinching commitment to his men
and to democratic ideals" and said that he believes that he can best serve them by
taking a stand against the war.
"In so doing," she said, -he demonstrates that one does not relinquish the freedom to
choose what is right, even in the military, and that the freedom to choose what is right
transcends the allegiance to man and institutions."
Lt. Watada is doing the right thing. As a US Army veteran myself of eight years active
duty, with five years in the military police and three years as a special agent in the US
Army Criminal Investigation Command; as a former soldier who remembers very well
being explicitly trained by the Army that it is the duty of a soldier to disobey any unlawful
order and to comply with the Geneva Convention, I honor Lt. Watada for the courage to
be true to his conscience and true to his oath of office as a commissioned officer to
support and defend the Constitution and bear true faith and allegiance to the same.
Refusing to participate in an unjust and illegal war is an act of conscience that is also an
affirmation of the rule of law. No soldier owes absolute allegiance to any military system.
The legal authority of military command is grounded in the rule of law, which is based on
the Constitution and the Uniform Code of Military Justice.
The Constitution has requirements for what branch of government has the power to
declare war and for what purpose - which is specified as being for the defense of the
United States - and also makes any treaties adopted by the United States the law of the
land.
There is a point at which one's conscience and understanding of the US Constitution,
the United Nations Charter, the Nuremberg Principles, and the Geneva Conventions,
Debbie Clark
Veterans For Peace
Greater Atlanta Chapter 125
dclark@antiwar com
770-855-6163
June 27, 2006
requires an individual to make the conscious decision to obey or not to obey what he
believes to be an unlawful order.
With great courage, Lt. Watada made that decision.
There is one veteran who was not able to be here today to show his support for Lt.
Watada, but who would have liked to. He is a veteran of Operation Desert Shield and
Desert Storm, now retired, US Air Force Major Kelley G. Culver, of Augusta, Georgia.
Major Culver has provided a statement in support of Lt. Watada, which I will relay on his
behalf:
In 1990, I was commander of an Air Force Combat Communication Squadron deployed
to the Persian Guff for Operation Desert Shield and Desert Storm. At the time of the
deployment, I was opposed to the war because it was obvious that the true reason was
not the liberation of Kuwait from Iraq, but the protection of American oil interests in the
Persian Guff.
The true purpose of this war was obvious. The US had been a supporter of Saddam
Hussein's government in the years prior to the war, and had previously turned a blind
eye to Hussein's activities. Suddenly in 1990, the United States was outraged at his
actions. We went to war on a tapestry of lies.
The current war in Iraq was also started on a tapestry of lies. Neither the situation in
1990 nor the situation today justifies the loss of American military men and women.
In 1990, I opposed the war in the Persian Gulf, but I deployed and served in spite of my
objections. My reasons, simply put, were that I had a career at stake. To refuse to
deploy would have ended that career. I was not willing to pay that price.
Today, we assemble in support of Lt. Ehren Watada, who realizing the illegal nature of
the war in Iraq, has chosen to do what I could not do 16 years ago. People will call him
a coward for his actions, but I can assure you, this is the action of a brave man.
Today I add my support to the cause of Lt. Watada and I thank him for taking the stand
that I was unable to take myseff. - Kelley G. Culver, Major, USAF (Retired)
Military veterans can especially understand how hard of a path it is that Lt. Watada has
taken, because, whether we served in war or during peacetime, we know what it means
to live and serve under military authority.
However hard it may be to stand up, any active duty service member today, whose
conscience has been moved by what he or she knows in their heart to be wrong, can
also take strength in knowing that the very same military authority that requires them to
obey all lawful orders, also, if it is true to its own code, imposes upon them the obligation
to disobey all unlawful orders.
')
A Broken, De-Humanized Military in Iraq
Page 1 of 2
- , ) --
A Broken, De-Humanized Military in Iraq
By Dahr Jamail
t rut h 0 uti Perspective
Tuesday 26 September 2006
While the deranged chicken-hawks who "lead" the US continue their efforts to wage another unprovoked war of aggression,
this time against Iran, what's left of their already overstretched military continues to be bled in Iraq.
When the situation is so critical that even the corporate media is forced to report on it, you know it's bad. Last week on the
NBC Nightly News, General Barry McCaffrey, now retired, said of the current state of the US military, "I think, arguably, it's the
worst readiness condition the US Army has faced since the end of Vietnam." This isn't a big surprise when we consider the
facts that many soldiers are already into their third combat tour, frequent deployments have cut training time at home in half,
and two thirds of all Army combat units are rated not ready for combat.
The fact that 60% of National Guard soldiers have already reached their limit for overseas combat is most likely not going to
slow down the Cheney administration's lust for more war. Most likely, they'll just have Rummy change the Pentagon's policy
that currently limits Guard combat tours to two out of every five years.
This change was apparently already expected by Lieutenant General Steven Blum, of the National Guard, who told NBC, "If
you think the National Guard's busy today, I think we're going to look back and say 'these were the good old days' in about
three years." A comment to which General McCaffrey responded: "More is being asked of them, particularly the National
Guard and reserve components, than they signed up to do. And in the near-term, we think it's going to unraveL"
That "near-term" seemed to be about 72 hours away from McCaffrey's comments. On Monday, the Army announced that
because it is stretched so thin by the occupation of Iraq, it is once again extending the combat tours of thousands of soldiers
beyond their promised 12-month tours. It's the second time since August (Le., last month) that this has occurred. The 1st
Brigade Armored Division, which is having its tour extended, just happens to be located in the province of AI-Anbar, which the
military has long since lost control of. Between 3,500 and 4,000 soldiers are affected by this decision.
The move prompted defense analyst Loren Thompson to tell reporters: "The Army is coming to the end of its rope in Iraq. It
simply does not have enough active-duty military personnel to sustain the current level of effort."
There are currently over 142,000 US soldiers in Iraq. Just last week General John Abizaid, the top US commander in the
region, said the military is likely to maintain and possibly even increase its force level in Iraq through next spring.
What does this look like for US troops on the ground in Iraq? Here is an emaill received just last week from a mother whose
son is serving in the US military in Ramadi:
My son cannot bear what he is forced to do, and has probably through sheer terror, confusion, and split-second
decisions, killed innocent civilians. He is well aware of this, and I have witnessed the consequences first hand.
He probably carries innocent blood on his hands. The killing of innocent people is virtually unavoidable. He is in
AI-Anbar region. You are the ONLY person in the media who has responded to my emails. The other emails I
sent to news organizations questioning why so little news out of AI-Anbar were unanswered. I believe that it is
because the US has lost that region, and is suppressing that news to the American public. My son called me
last week from Ramadi and said the war is lost - they are just going thru the motions, again, forced to carry out
orders and risk their lives for an unobtainable and unjust goal. I continue to read your web site, as well as
others, while I pray for my son's safe homecoming in spring.
Her anguish, the description of her son's mental state, and her son's report of the conditions in Ramadi, tragic as they are,
come as no surprise. At the time of this writing, over 2,703 US soldiers have been killed in Iraq, and over ten times that
number wounded. This month, over 61 American soldiers have been killed in Iraq. With an average of over 2.5 killed daily this
month, at the time of this writing it's already the third bloodiest month this year in Iraq for occupation forces.
Another report released last weekend from the Veterans Health Administration found that over one third of Iraq and
Afghanistan veterans seeking medical treatment are reporting symptoms of stress or other metal disorders. This is a tenfold
increase in the last 18 months alone. The dramatic jump in cases is attributed to the fact that more troops are facing multiple
tours in Iraq and Afghanistan.
This is of course complicated by the fact that veterans' groups claim that the VA is not able to meet the growing demand for
services. Already, veterans have had to deal with long waits for doctor appointments (oftentimes over six months), staffing
shortages, and lack of equipment at medical centers run by the VA.
http://www . truthout.orgl doc s_2006/printec092606A. shtml
10/3/2006
A Broken, De-Humanized Military in Iraq
Page 2 of 2
The woman who sent me the email about her son gave me permission to publish another email that shows clearly how the
over-stretch of the military in Iraq and multiple tours are affecting her son:
I have established contact with my son, thank God, and he writes to me daily about Iraqi atrocities, and how he
wants to wax them all. His morale is low and he has a weak L T who is unable to keep up with the pace
required. I would love to share these emails with you, but I am afraid. I'm afraid of the implications should this
ever get out. I want to do nothing to endanger my communications with my son. My impression through my
readings and contact with soldiers is that the Iraqis are generally good people. The American occupation
seems to be only making things that much worse for the average Iraqi. My impression is that Iraq is a country
with no hope. No matter what is done, they will never have a stable government, no matter what form it might
take. From my son, I'm able to glean the complete CHAOS Ramadi is in. It is hopeless. As a mother, I want him
to do whatever is necessary to come home, and will not sugar-coat my thoughts: that he should kill everything
and come home. Naturally, not someone who is obviously an innocent civilian, but how do you tell? How do you
know who is innocent and who is a threat? Therefore, he feels that daisy-cutting the town is the only option. Of
course this will not happen, and he's blowing smoke. However, it is an indication of how bad things are there ...
the struggle between the Marines and the insurgents is never ending. The type of bomb now employed by the
insurgents (whoever they are) is frightening ... a metal plate on the ground: when the Marine steps on it, it
connects the circuit and that boy is blown up. My son is running missions thru back alleys ... and is hauling a
machine gun that is destroying his back. He is a slender young man, and the gear he is carrying is affecting his
health. He can run for miles, but not with a hundred pounds on him. Already I hear such a hardness in his
emails, such low morale, such hopelessness, and he has only just begun this deployment (hopefully his last ...
his third).
America is a great nation, compassionate to many, and is my homeland. I am sickened at what is happening,
and what my son is being made to do as a Marine. Ultimately we have morphed into an empire. It breaks my
heart that my son may die on foreign soil fighting a useless war that will only lead to more death and
destruction ...
The longer the occupation of Iraq continues, more death and destruction are two things all of us can count on. Along with a
broken, bleeding military that is being stretched even further each day, and the anxious families of those serving, whose
nerves and hearts are also being stretched further each day.
Oahr Jamail is an independent journalist who has reported for the Guardian, the Independent, and the Sunday Herald. He
now writes regularly for Inter Press Service and Truthout. He maintains a web site at dahriamailiraq.com.
http://www . truthout.org/ doc s_2006/printec092606A. shtml
10/3/2006
Ashland RR Property, Council Update
Study Area
Ashland RR Property, Council Update
Significant Actions
Zone Change
•(1999)
Industrial to Employment
?
?Residential Overlay
?Detail Site Review Zone
?Railroad District –National
Register Nomination (1998)
Ashland RR Property, Council Update
New Projects –Existing Standards
Ashland RR Property, Council Update
New Projects –Existing Standards
Ashland RR Property, Council Update
New Projects –Existing Standards
Ashland RR Property, Council Update
New Projects –Existing Standards
Ashland RR Property, Council Update
Draft Railroad Property Master Plan
(June 2001)
Ashland RR Property, Council Update
Adopted Street Plan
(June 2002)
on Plan Map.
I CITY OF
LAND
Ashland RR Property, Council Update
Draft Railroad Property Master Plan
Key Elements
Ashland RR Property, Council Update
Creation of Central Core
Ashland RR Property, Council Update
Central Core –Bird’s eye view
Civic Buildings?
Ashland RR Property, Council Update
Train Station –Concept
Ashland RR Property, Council Update
Draft Railroad Property Master Plan
Public and Natural Spaces
Ashland RR Property, Council Update
Willow Park Detail
East Boundary
Ashland RR Property, Council Update
Parking Management
Shared Arrangements
Ashland RR Property, Council Update
Draft Railroad Property Master Plan
(June 2001)
Ashland RR Property, Council Update
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Dear Councilors and Mayor:
I'm concerned about the animals in Ashland \A/ho are tied up at their homes
for excessive periods. They suffer loneliness, frustration and boredom.
They also run the risk of strangling to death, getting abused by kid,:; or
.adults, getting attacked. by animals, aT dying of heatstroke.
i)
\ Jackson County allows animals to be tied for their entire lives an short
chains. This is not a life that anyone in Ashland, including pets, should
have to endure. Please pass a law to ~ake this kind of animal abuse
illegal. Please heavily restrict the tethering of dogs and other animals
at their homes.
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