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Home My WebLink About2004-0223 Parks & Rec Packet IMPORTANT: Any citizen attending a Commission meeting may speak on any item on the agenda. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The Chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. CITY OF ASHLAND PARKS AND RECREATION COMMISSION Regular Meeting Agenda FEBRUARY 23, 2004 @ 7:00 PM COUNCIL CHAMBERS @ CIVIC CENTER 0 1175 E. MAIN STREET CALL TO ORDER APPROVAL OF MINUTES Regular Meeting-January 26, 2004 PUBLIC PARTICIPATION . Open forum ADDITIONS or DELETIONS TO THE AGENDA UNFINISHED BUSINESS . Gun Club Lease Extension Request NEW BUSINESS . Contract Renewal for Lithia Artisan's Market SUB-COMMITTEE and STAFF REPORTS . Trail Master Plan Committee Report ITEMS FROM COMMISSIONERS UPCOMING MEETING DA TE(S) and PROPOSED AGENDA ITEMS . Signs, Memorials, and Plaques Review . Cross Country Running in Lithia Park Study Session . Budget and Goal Setting Session 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 (HY 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 (28CFR 35.102-35.104 ADA Title I). City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES January 26, 2004 ATTENDANCE Present: Commissioners Amarotico, Eggers, Gardiner, Lewis, Rosenthal; Director Robl~rtson; Superintendent Gies Absent: None CALL TO ORDER Chair Lewis called the meeting to order at 7:00 PM at Council Chambers, 1175 E. Main. APPROVAL OF MINUTES Reoular Meetino - December 15. 2003 Under Sub-Committee and Staff Reports item '"Golf Course Sub- Committee Report," Commissioner Rosenthal asked that the minutes be amended to reflect that the newspaper advertising campaign for the Oak Knoll Golf Course is targeted toward Medford area residents, not Medford area golf courses. Vice-Chair Gardiner moved to approve the minutes as corrected. Commissioner Rosenthal seconded the motion. The vote was: 5 yes - 0 no PUBLIC PARTICIPATION OPEN FORUM - None ADDITIONS OR DELETIONS TO THE AGENDA - None ELECTION OF OFFICERS Commissioner Eggers stated, for the record, that the Commission is not required to appOint new officers every year. She then expressed her interest in serving as Vice-Chair in 2004. MOTION Commissioner Eggers made a motion to nominate Vice-Chair Gardiner as Chair in 2004. Commissioner Amarotico seconded the motion. The vote was: 5 yes - 0 no MOTION Vice-Chair Gardiner made a motion to nominate Commissioner Eggers as Vice-Chair in 2004. Chair Lewis seconded the motion. The vote was: 5 yes - 0 no UNFINISHED BUSINESS AGENDA FORMAT AND GUIDELINES FOR CONDUCTING REGULAR MEETINGS Director Robertson referenced the memo contained in the packets and clarified that it was included for informational purposes. BILLINGS RANCH GOLF COURSE PUBLIC HEARING Director Robertson apologized for the misleading title of the agenda topic and suggested that a more appropriate title might have been, "Preparation for the Billings Ranch Golf CoursH Public Hearing Scheduled for February 9, 2004." He asked the Commission for direction in preparing for the public hearing and directed their attention to the documents from Mr. Gael Kubli and the Bear Creek Greenway Committee regarding the proposed golf course project. Page 2 of 4 Regular Meeting Minutes - January 26, 2004 Ashland Parks and Recreation Commission UNFINISHED BlISINESS BILLINGS RANCH GOLF COURSE PUBLIC HEARING, Cont'd. Susan Rust, 42 N. Wightman, expressed concerns about the proposed project, including insufficient details about a pesticide program, plans for runoff into Bear Creek and Wright's Creek, and potential lack of pond discharge monitoring, all of which could impact the creeks and the Greenway. She asked the Commission to request answers from the County about such concerns before their granting of a Conditional Use Permit for the project. Gerry Lehrburger, 1639 Jackson Road, who lives in the neighborhood near the proposed Billings Ranch Golf Course, voiced environmental concerns about the project, stating that the region under consideration is a unique section of land that deserves special protection. Chris Uhtoff, 78 Fourth Street, spoke about the high quality of the area under consideration for the Billings project, rEliterating that it is environmentally unique and needs to be protected. Paul Kay, 1234 Strawberry Lane, indicated that he lives on Wright's Creek, several miles upstream from the proposed project. He is neither an opponent nor a proponent of the golf course project, but thinks that the golf course, if it is built, must enhance every entity affected by the development. Michael Hays, 670 Oak Knoll Drive, voiced his concern about the financial impacts the new golf course might have on the existing Oak Knoll Golf Course and pondered how that property could be used if the course were to go out of business as a result of the new competition. Gael Kubli, 1100 Eagle Mill Road, referenced the written comments he sent to the Jackson County Planning Department, stating that the Billings project is an Ashland issue and affects the entire city. He further asserted that nature and nature tourism attracts citizens and tourists to Ashland, and disruption of such a unique ecosystem potentially could harm the local economy. Ra Wol/enburg, 1639 Jackson Road, asked that a land use compatibility study be conducted by Jackson County to determine whether nature study and golfing are a viable combination for that one parcel of land. Discussion AmonQ Commissioners Commissioner Rosenthal asked how the Commission could most effectively communicate with the Jackson County Planning Department. Director Robertson responded that a written correspondence would probably . be an effective method of communication, and he suggested that Staff draft a letter for the Ashland Parks and Recreation Commission Chair's review and signature. MOTION Commissioner Eggers made the following motion: .Since the community of Ashland and the larger community of the Bear Creek Valley has been working for years to improve water quality in Bear Creek, to Elnhance riparian conditions and habitat and to provide sensitive access for recreation in the Bear Creek Greenway, we urge that any development allowed on the Billings Ranch Golf Course, and associated areas in the application, preserve and enhance these values. We further request that the County require that all these issues be addressed with specific plans in their Conditional Use Permit application." Vice-Chair Gardiner seconded the motion. The vote was: 5 yes - 0 no Page 3 of4 Regular Meeting Minutes - January 26, 2004 Ashland Parks and Recreation Commission NEW BUSINESS CORRESPONDENCE FROM LOCAL GROUPS Director Robertson referenced the correspondence from the Native Plant Society requesting a long-term agreement with the Department to use the Community Center for its annual meeting. He asked for direction from the Commission in determining the role of both the Department and the Commission in establishing such a long-term agreement. He also indicated that Staff received a request from the Ashland Gun Club to extend its lease. Finally, he reported that Staff met with both groups and invited them to make their requests in person at the next Regular Meeting of the Ashland Parks and Recreation Commission. Discussion Amonq Commissioners Chair Lewis suggested notifying the Ashland Historic Commission about the next meetin!l, since there is an historic site at the Gun Club range relating to the City's Iithia water supply. In terms of the Native Plant Society request, Vice-Chair Gardiner questioned whether there are any other existing long-term lease agreements in the City, and Director Robertson provided him with pertinent information. The Commission agreed to review both topics at their next Regular meeting. SUB-COMMITTEE and STAFF REPORTS TRAIL MASTER PLAN COMMITTEE REPORT Chair Lewis reported on the most recent meeting of the Trail Master Plan Committee, hE~ld on January 15. Committee members Lewis and Amarotico, along with Director Robertson, interviewed three citizen candidates for the two available citizen-at-Iarge positions, and subsequently invited Jim McGinnis and Bob Altaras to join the committee, based on their experiences with trails issues and high le!vels of interest in serving on the committee. He indicated that both candidates accepted their invitations to join the committee. QUARTERLY PROJECT UPDATES Superintendent Gies referenced the memo in the Commission packets updating them on the Department's projects, and volunteered to answer questions from the Commission. Discussion Amonq Commissioners Commissioner Eggers asked about the Open Space Funding Committee's decision to focus on SDCs as a funding source, stating that SDCs will only provide a small portion of funding needed for open space purchases. Chair Lewis, an OS Committee member, agreed and said that it was the easiE~st funding source the group could agree on, and that the committee will continue to look for additional funding sources. Commissioner Eggers asked about the status of frost-free drinking fountains in City parks. Superintendent Gies responded that the goal is to install one per year and the Department is on track with its 6-year plan. Commissioner Rosenthal asked about the status of the Calle Guanajuato Stairway Project. Superintendent Gies reported that the project will be re-bid in the next four to six weeks and that the project will be completed in the spring or the summer. Chair Lewis asked about the improvements at the BMX Bike Park and Superintendent Gies informed the Commission that he will contact the citizens (who previously expressed interested in helping with that work) and set up a meeting to discuss specific plans for moving forward with the project. Page 4 of 4 Regular Meeting Minutes - January 26, 2004 Ashland Parks and Recreation Commission SUB-COMMITTEE and STAFF REPORTS, Cont'd. ITEMS FROM COMMISSIONERS Commissioner Eggers, who is the Parks Commissioner appointed to the Forest Lands Commission, updated Ithe Commission on one of the goals of that commission, which is to design a program, and seek funding, jfor a noxious weed control program. This goal was forwarded to the Ashland City Council. She also reported that a new member, Diane White, has joined the Forest Lands Commission. Ms. White is an ecologist with the Forest Service. Commissioner Eggers further reported that bids for the Restoration #2 Project are due on January 21, 2004. The goal of that project is to thin trees for ecological reasons, including fire hazard reduction in the lower portion of the City-owned lands of the watershed. The thinning project is scheduled for completion in May of 2004. Vice-Chaiir Gardiner thanked Chair Lewis, on behalf of the Commission, for his work as Chair of the Ashland Parks and Recreation over the past year. UPCOMING MEETING DA TE(S) and PROPOSED AGENDA ITEMS · Trail Master Plan Committee Meeting set for 1 :00 PM January 29,2004, Parks Department Office, 340 8;. Pioneer. · Appointment of committee chair. · Budgl3t and Goal Setting Study Session set for 4:30 PM February 2, 2004, Parks Department Office, 340 S. Pioneer. · Budgl3t and Goal Setting Study Session set for 7:00 PM February 9,2004, Parks Department Office, 340 S. Pioneer. · Signs, Memorials, and Plaques Review Study Session - postponed to a future date. · Cross Country Running in Lithia Park Study Session - postponed until March. · Vice-Chair Gardiner will represent the Commission. · Regular Meeting set for 7:00 PM February 23,2004, Council Chambers -1175 E. Main. · Request by the Native Plant Society to use the Community Center for annual meeting on a long-term basis. · Request by the Ashland Gun Club to extend its lease. ADJOURNMENT.- By consensus, with no further business, Chair Lewis adjourned the meeting. Respeptfully submitted, su~~ega~:J~n~ Ashland Parks and Recreation ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: Don Robertson Director Diane Amarotico JoAnne Eggers Michael Gardiner Jim Lewis Rich Rosenthal TEL.: (541) 488-5340 FAX: (541) 488-5314 MEMORANDUM TO Ashland Parks and Recreation Commission Don RObertson~ector FROM DATE February 18,2004 SUBJECT Gun Club Lease Extension Request Action Requested Provide Staff direction; approve or deny request for Gun Club lease extension. Background The Ashland Gun Club has been operating a shooting range on property ownedl by the City of Ashland and leased via the Parks and Recreation Commission dating back to 1968. The primary uses of the club have been to provide target and trap shooting opportunities to club members. The Gun Club has, fairly recently, added archery to its list of available activities. The Gun Club is requesting a 20-year extension to its lease to keep itself eligible for grants from the Department of Fish and Wildlife. The grants are used to make improvements to the Gun Club facilities. The Ashland Historic Commission considers the property that the Gun Club occupies "historic." The concern of the Historic Commission is that an extension of the lease will limit their ability to have the property listed on the National Registration of Historic Places. The Gun Club has offered tours of the property and the Ashland Historic Commission is requesting the opportunity to tour the property. Staff recommends touring the property with representatives from the Gun Club and the Ashland Historic Commission prior to making a final deliberation. Home of Famous Lithia Park Ashland Gun Club P.o. Box 953 Ashland, OR 97520 ~. January 20, 2004 Mr. Don Robertson Director Ashland Parks and Recreation City of Ashland 340 S. Pioneer St. Ashland, OR 97520 Subject: Ashland Gun Club Lease Extension Dear Mr. Robertson, The Ashland Gun Club has a project grant of$2,000 on hold from the Dept ofFish & Wildlife which along with the N.RA requires a minimum lease often years after projects are completed. Our current lease expires on 31 May 2009. We respectfully request a 20 year extension to that lease to expire on 31 May 2029. Our shotgun program has previously received the following grants: · Oregon Dept ofFish and Wildlife $7,137 · Friends of the N.RA $2,000 The club shotgun account has contributed significant additional funds after operating and equipment maintenance expenses. This has been about a $13,000 project. We have n:~cently completed the new skeet range which includes 2 newly purchased throwing machines at $8,000 and a storage shed for clay birds and equipment that is used for both trap, sporting clays and skeet. Respectfully, Q.Q.~ Chuck Parlier President AGe LEASE Lease between the City of Ashland, by and through its Parks and Recreation Commission, ("Lessor") and Ashland Gun Club, Inc. ("Lessee") RECITALS: A. On July 27, 1983 Lessor and Lessee extended a sublease on certain property owned by Lessor outside the City of Ashland. This sublease was extended for a term expiring March 31, 1998. B. Lessee desires an extension beyond 1998 and the parties have determiined that the best method in which to accomplish this extension is to enter into a new lease and terminate what leases, subleases and extensions that may exist between LE3ssor and Lessee. . Lessor and Lessee agree: -, 1. Termination of previous leases and subleases. Any lease, sublease or extension in effect prior to the date of this lease, including but not limited to a lease dated May 21, 1968; a document entitled "Sublease" dated December 16, 1969; a document entitled "Modification of lease" dated December 16, 1969; a document entitled "Sublease" dated March 3D, 1978; a document entitled "Extension of Lease" dated November 10, 1978; a document entitled "Extension 'of Sublease" datled March 3D, 1983, and a document entitled "Extension of Lease" dated July 27, 1983 between Lessor and Lessee concerning the property described in paragraph 2 is terminated effective June 1, 1994. 2. Description of property. Lessor leases to Lessee on the following terms and conditions the property described in the attached Exhibit A and referred to in this lease as the "leased property". Unless from the context a different meaning is intended, the term "property" refers to unimproved real property, and the term "premises. refers to the real property and any improvements located or constructed during the tl3rm of this lease. Lessor reserves from this lease: 2.1. Lithia Springs water or water facilities including existing and new lines which the Lessor shall have the right to install at such places as it deems aclvisable. 2.2. The right to remove any rock or gravel from the premises. No rock or gravel shall be removed except after consulting with the Lessee as to the appropriate areas to remove rock in order to attempt to minimize any impairment of the "future development of the property by Lessee. Lessor shall make no use of its adjoining property that unreasonably interferes with regularly scheduled events and uses of Lessee on the leased property. PAGE 1-LEASE (p;parks\gun-c1ub.lsel 3. Term. The term of this lease is 15 years commencing on June 1, 1994, and terminatin!J 15 years from such date. It is the desire of the Lessor to encourage the utilization of the property by the Lessee and in the event there is no regular use by the Lessee for any six month period, the lease shall be considered abandoned and the Lessor may revoke the same. 4. Rental. Lessee shall pay Lessor for the use of the leased property during the lease term the rental sum of one dollar. In addition, Lessee shall maintain the boundary fence on the leased property and on the Lessor's property adjacent to the leased property. 5. Use. l.essee shall use the leased property for the purpose of a rifle, pistol and shotgun and archery range, and shall have the right to erect and construct such facilities as are normally associated with such use, such as ranges, targets, target sheds, club buildings, parking lots, etc. It is specifically agreed that the Lessee previously constructed a range with a backstop 12 feet high, 1 00 fe~~~h with wings at eac~dJ<lf~'Wd):d safety; targets are raised at 50 yards, . , 100 yards and :200 yaros 11"1 8~ch 6 fflarmor that thcy areLbt-~n laking 81"1 appro'./8G ~ sa~ly I cd 196 3imilar to th9s8 IIC)prf in mP.tr:opolitoA aro~. . 5.1. Any restoration of facilities, such as Pompadour Springs, must first have the approval of the Lessor. 5.2 Lessee shall refrain from storing on or discharging from or onto the premises any hazardous wastes or toxic substances as defined in 42 USC ~~9601- 9657 and shall not use the property in a manner to violate any statute or regulation regarding hazardous substances. These laws and regulations include, but are not .limited to, the federal Comprehensive Environmental Response, Compensation and Liability Act; Resource Conservation and Recovery Act; Toxic Substances Control Act; Clean Water Act; Clean Air Act; regulations of the United States Environmental Protection Agency (EPA); GRS 466.567,466.205,466.640 and 468.790 and regulations of the Department of Environmental Quality (DEQ) and are collectively referred in this agreement :as "environmental laws. " 5.3 Lessee shall indemnify and defend Lessor from and against any and all liabilities, losses, and costs, including reasonable attorney fees, which Lessor may incur because of Lessee's failure to perform all of its obligations under environmental laws, includiihg any failure to perform during Lessee's previous occupation of the property under leases dating from 1968. 6. Utilities. Lessee shall initiate, contract for, and obtain, in its name, all utility services required on the leased property, including gas, electricity, telephone, water, and sewer connections and services, and Lessee shall pay all charges for those services as they become due. If Lessee fails to pay the charges, Lessor may elect to pay them and the charges will then be added to the rental installment next due. PAGE 2-LEASE (p;parks\gun-c1ub.lsel Lessee shall be liable for any injury or damages to the equipment or service lines of the utility suppliers that are located on the leased property, resulting from the negligent or deliberate acts of Lessee, or the agents, employees, invitees or guests of Lessee. 7. Compliance with law. The Lessee agrees that it will at its expense promptly observe and comply with all laws, orders, regulations, rules, ordinances and requirements of Federal, State, County and City governments with respect to the use, care and control of the leased property. 8. Representations. 8.1. Inspection. Lessee acknowledges that this lease is accepted and executed on the basis of Lessee's own examination and personal knowled~le of the value and condition of the leased property; that no representation as to the value, condition or repair of the leased property has been made by Lessor or its agents and . thattre Lessee agrees to take the leased property in the condition it is in a1t the time of the execution of this lease. 8.2. Prior agreements. This lease is the entire, final and complete agreement of the parties and supersedes and replaces all prior and existing written or oral understandings except as otherwise continued in effect by the terms of this agreement. 9. Improvements, alterations, maintenance. 9.1. Alterations or Improvements. Except for alterations or improve~ments to increase safety on the existing range, Lessee may make no alterations or improvements to the leased property without the prior written consent of Lessor, which consent shall not be unreasonably withheld. All alterations, or improvements that Lessee may desire to make to the leased property shall be done by Lessee and at the expense of Lessee. The term -improvements. means any buildings, structures, or facilities placed or erected on the leased property. All such work shall be done in a good and workmanlike manner in compliance with all applicable building and zoning laws and ordinances. 9.2. Ownership of Improvements. The parties agree that improvements placed on the leased property by Lessee shall remain the property of the Lessee and may be removed by the Lessee upon expiration or termination of this lease. All improvements on the leased property which remain 30 days after the expiration or termination of this lease shall, at the option of Lessor, become the property of the Lessor without additional compensation to the Lessee, free and clear of all such claims of Lessee or anyone claiming under Lessee and Lessee shall indemnify and defend Lessor against all liability and loss arising from such claims. However, Lessor may elect to remove such improvements and charge the expense of such removal to Lessee. In the event Lessor elects to remove the improvements, Lessor shall make its PAGE 3-LEASE (p:parks\gun-c1ub.lse) election within 60 days after expiration or termination of this lease and shall notify Lessee of any such election. 9.3. Maintenance and Repair. Lessee shall be responsible for maintaining and repaining the premises. Lessee shall be responsible for Lessee's use and its employees', agents', or invitees' use of the premises. Lessee shall, at the expiration of termination of this lease, surrender the premises in as good order and condition as when received, reasonable wear and tear, damage from the elements, fire, acts of God or other casualty excepted. Lessee shall be responsible and shall pay for all damage or injury done to the premises by Lessee or any person who may be in or on the premises with the consent of Lessee. In the event Lessee or Lessee's representative removes any or all improvements from the leased property upon expiration or termination of the lease, Lessee shall be responsible and shall pay Lessor for all damages to the leased property. 10. Indemnification. Lessee agree$ to defend, indemnify and save Lessor its agents, and employees harmless from any and all losses, claims, actions, costs, expenses, judgments, sUbrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to Lessee's use of the leased premises, Lessee's activities on the premises, or any condition existing on the leased premises (including but not limited to the acts of employees, agents- and others designated by Lessee to perform work or services attendant to this agreement). Lessee shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negliigence of Lessor. Lessor shall promptly notify Lessee of any claim subject to this para1graph and cooperate with Lessee in all reasonable requests for information necessary to defend any such claim. 11. Insurance. Lessee shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this agreement, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 pE~r occurrence for bodily injury and $100,000 per occurrence for property damage. Uability coverage shall be provided on an .occurrence. not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the possession of Lessee of the leased property under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. P AG E 4-LEASE (p:parks\gun-c1ub.lsel 12. Default. The following shall be events of default: 12.1. Rent Delinquency. Delinquency in the payment of rent in excess of ten . days beyond the rental due date unless specifically extended in writing by Lessor. 12.2. Noncompliance. Failure of Lessee to comply with. any term or condition or fulfill any obligation of this lease (other than the payment of rent or other charges within thirty days) after written notice by Lessor specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be completely remedied within the thirty day period, this provision shall be complied with if Lessee begins correction of the default within the thirty day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 12.3~ Liens. Failure to remove any lien or encumbrance placed upon the leased lands. 13. Remedies. Lessor shall have the following remedies in addition to other equitable or legal rights and remedies in the event Lessee is in default under the terms of this lease agreement: 13.1. Re-enter. Lessor may re-enter the premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. 13.2. Terminate. After re-entry Lessor may terminate the lease on ~,iving written notice of termination to Lessee. Without such notice, re-entry will not terminate the lease. On termination Lessor may recover from Lessee all damages proximately resulting from the breach, including the cost of recovering the premises and the worth of the balance of this lease over the reasonable rental value of the premises for the remainder of the lease term, which sum shall be immediately due Lessor from Lessee. 14. Taxes, liens. Lessee shall pay all taxes or assessments levied upon the leased premises during the term of the lease. Lessee shall not cause any liens or encumbrances to be imposed upon the leased premises and if any lien or encumbrance is imposed upon such premises, Lessee shall proceed immediately to remove the lien or encumbrance. 15. Holdover. If the Lessee does not vacate the leased premises at the time required, the Lessor shall have the option to treat the Lessee as a Lessee from month to month, subject to all the provisions of this lease except the provision for term. 16. Assignment. Lessee shall not assign this lease or sublet the premises without first obtaining Lessor's written consent which shall not be unreasonably withheld. PAGE 5-LEASE (p:parks\gun-c1ub.lsel 17. Successor interests. All the covenants, agreements, conditions and terms contained in this lease shall be binding upon, apply and inure to the benefit of the heirs, executors, administrators and assigns respectively of the Lessor and the Lessee and all of such covenants shall be construed as covenants running with the land. This paragraph shall not be construed as consent by the Lessor to the assignment or subletting of the premises. 18. Waiv<<~r. Failure of the Lessor to insist upon the strict performance of the terms, covenants, agreements and conditions in this lease contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of the Lessor's right to hereafter Elnforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 19. . Entiref Agreement. This lease contains the entire agreement between the parties and, except as otherwise provided, can be changed, modified, amended, or terminated only by an instrument in writing executed by the parties. It is mutually acknowledged and agreed by Lessee and Lessor that there are no verbal agreements, representations, warranties, or other understandings affecting this lease. Lessor: .U~ ~ ~~;1 - CI<,AlI," . . _ Lessee: ,-_..~., CHAIR '~SH\..f\N\) c.O'<V'-V"\\ $:!>\Oo..l PAGE 6-LEASE (p:parks\gun-c1ub.lse) Ex!Ub.i...:t 'A' LAN D V E S C RIP T ION Comme.nc.i..ng a.:t a 1 .i..nch d.i..ame.:teJt ga.tvan.i..zed .i..Jton P.i..p,2. w.i...:th 2 & 1/2 .i..nch d.i..ameteJt bJtonze cap ~.i..tuated the Sec.:t.i..on COJtneJt common .:to Sectlon~ 12 and 13, Town~hlp 39 South, Range 1 Ea~t and Sect.i..on~ 7 and 18, Town~h.i..p 39 South, Range 2 Ea~t 0' the W.i..~~amette Ba~e and MeJt.i..dlan, Jack~on County, OJtegon; THENCE NoJtth 00 degJtee~ 07 m.i..nutu 11 ~econd~ Ea~t ct.tong .:the ~.ect.i..on .t.i..ne common .:to Sec..:tlon~ 12 and 7, ~ald T own~h.i..p 'lnd Rang~, 'oJt a d.i..~tance 0' 786.11 'ee.:t.:to a 5/8 x 24 lnch .i..Jton Jtod w.it.h Atumlnum Cap maJtked: C.i..ty 0' A~h.tand, LS 759 'oJt th~~ TRUE POINT OF BEGINNING;. THENCE .teav.i..ng ~a.i..d Jtange ~lne, NOJtth 89 degJtee~ 57 m.i..nut.e~ 38 ~econu W~t '0Jt. a d.i..~.:tance 0' 1340.70 'eet to a 5/8 x 30 .inch ~on Jtod w.i..t.h'alumlnum cap maJtked: C.i.:ty 0' .A~h.tand, PJt.op. COJt., LS 759 and ~Uuat.e.cL .in that boundaJty tine common t.o Donat.i..on Land C..ta..i.m No. 53 and GoveJtnment. Lot 8, T<?wn~hlp 39 Sout-h, Range 1 Ea~t o't.he Wll-tamette Ba~e and Me4ld.i..an, Jack~on County, OJtegon; THENCE No4th 00 degJtee~. 13 mLnut~ Ea~t (deed JtecoJtd NoJtt.h, 462 'eet) a.tong ~a.i..d common bounddJty !.i.ne 'oJt a ~tance 0' 462.00 'eet. to a 30 .i..nch .tong by 1 lnch dlameteJt. .i..Jton p.i..pe w.i...:th a 3 .inch cU.a.met.eJt. bJtonze c,ap ~.i:tuated a.:t the cOJtneJt common to GoveJt.nmen.:t Lo~ I, 8 and the Ea~t boundaJty tine 0' Vonation Land .Cla.i..m No. 53, ~a.id Tow~hlp and Range; " THENCE cont.i..nu.ing NoJtth 00 d~gJte~ 13 m.i..nu.:t~"E~t (deed JtecoJtd NOJtth) (goveJtnment JtecoJtd 273.9 'eet-) a.tong ~a.i..d common boundaJty tine 'oJt.a d.i..~tance 0' 278.42 'eet to a 'ound 3/4 .i..nch gaLvan.ized .i..Jton p.i..pe w.i..t.h mu~hJtoom top ~.i..tuat.ed at. the ACCEPTED N o Jtt.he.a..6t COJtneJt. of, Dona"t.l..on Land C.ta..i..m No. 53, ~a.l..d T own"/)!Up a.nd Range; THENCE continu.l..ng NoJtt.h 00 degJte~ 13 m.inutu E~t (lrJ.eed JtecoJtd NoJtth) -/,oJt" a ~tance 0' 289.58 -/,eet- to the No4thw'2.~t coJtneJt. o-/, that tJtact 0' .tand ~ ~et- -/,oJtth .in Vo.t.ume 182," Page 379 o-/, the Deed RecoJt.~ o-/, Jac~on County, OJt~gon; THENCE Ea~teJt..ty a.tong the NOJttheJt..ty boundaJty tine 0' ~a.id Vo.tume and Page and bung paJta.t.te.t wUh the NoJttheJt.ty bouJ'tdaJty .t.i.ne o-/, GoveJtnmen.t Lot 8, Section 12, Town~hlp 39 Sou.th, l~ange 1 Ea~t -/,oJt a. d.i~.tanceo' 108 -/,eet-, mOJte OJt .t.e~~, .to EmlgJt.an;t CJteek; THENCE Sou.thea~.teJt.t.y a.tong ~a.l..d cJteek .t..ine to a po.in;t .in the \ Ea~teJt.t.y boundaJt.y .t.lne 0' that tJtac.t 0' .t.and conveyed by ;the "CITIZENS BANK OF ASHLAND to the CITY OF ASHLAND and ~e.t 'oJt.th .l..n Vo.t.ume 182, Page 379-380 0' .the Deed RecoJt.d~ 0' Jack~on County, OJtegon; THENCE .teavlng ~ald cJteek .t..in"e, SoutheJt.t.y a.tong .the (l'oJte~a.l..d Ea~teJ(..t.y boundaJt.Y .t..ine 'oJt a dl~tance 0' 200 'eet, mOJt.e OJl .te..6..6, to a po.i..n.t In tha.t boundaJtY .t..i..ne common .to GoveJt.nment Lot 8 and Donat.ion Land Cla.i..m No. 51, ~a.id Town~h.ip and Range; Exh.ib.it 'A' Exh.ib.Lt. ' A' LAN D DES C RIP T ION C~~y o~ A~h~and, c/o Pa4k~ and Rec4ea~~on Commi~~~on Page 2 THENCE Sou~h 89 deg4ee~ 57 m~nu~e~ 38 ~econd~ Ea~~ a~ong ~he SoU~he4Ly bounda4Y L~ne 06 Dona~~on Land CLa~m No. 51, ~a~d Town..6h~p and Range 604 a d~~~ance 06 594..40 6ee~ ~o a 30 ~nch Long by 1 A..nch d..i...ame~e4 gaLvan..i...zed ..i...40n p..i...pe w..i...~h 3 ..i...nch d..i...ame~e4 b4onze. cap ~..i...~ua~ed a~ ~he Sou~hea..6~ C04ne4 ~he4e06; THENCE con~..i...nu~ng Sou~h 89 deg4ee~ 57 m..i...nu~e~ 38 ~econd-6 Ea~~ aLong ~he SoU~he4Ly bounda4y L..i...ne 06 Dona~..i...on Land CLa..i...m No. 38, Town..6hlp 39 Sou~h, Range 2 Ea~~ 06 ~he W..i...LLame~~e Ba..6e and Me4..i...d~an, Jack..6on Coun~y, '04egon 604 a d~~ance 06 680.35, 6ee~ ~o a 30 ..i...nch Long by 1 ..i...nch d-i..ame~e4 gaLvan..i...zed ..i...40n p..i...pe w..i...~h a 3 ~nch d..i...ame~e4 b40nze.d..i...~k ..6..i...~ua~ed a~ the Sou~hea..6~ C04ne4 o~ ..6a..i...d Dona~~on Land CLa..i...m No. 38; THENCE NOJr.:th 00 deg4ee..6 1 { m..i...nu.t.u 5'1 ..6econd..6 EU~aLong ~he bounda./ty L..i...ne common ~o Vona~..i...on Land CLa..i...m No. 38 and. GoveJr.nmen.~ Lo:t 5 .60Jr. a dU~ance 06 73.37 -6eu ~o a 30 .i.1ich Long by 1 ..i...nch d~ame:t4Vt gaLvan~zed ~40n p..i...pe w..i...~h a 3 ..i...nch ~amue.rr. b40nze d~..6k .()4~a:t4'2.d a:t ~he NoJr.:thwu~ C04ne.rr. 0-6 Gove.rr.nmen~ Lo~ 5, Town..6h..i...p 39 Sou~h, Range 2 Ea..6~ 06 ~he W..i...LLame~~e Ba..6e and Me.rr...i...d..i...an, Jack..6on Coun:ty, OJr.egon; TI/ENCE Sou.t.h 89 deg4ee..6 47 m..i...nu~e..6 06 ..6econd..6 Ea..6~ aLong ~he NOJr.~he)r.Ly bounda.rr.y tine 06 ..6a..i...d Govvr.nme~ Lo;t 5 -60Jr. a dU~ance 06. 306..00 6ee~ ~o a 5/8 x 30 ..i...nch ..i...4on Jr.od w..i...~h aLum..i...num capma.4ked: C~~y o~~ 'A-6hLand, P40p.C04., 1992, LS 759; TIIENCE Leav..i...ng ..6a..i...d gOV~Jr.nmen~ Lo~ Une, Sou~h 42 degJr.ee..6 17 m~nu~e;(\ 06 ..6econd..6 Eu~ 60JL a dU~ance 06 130. 70 6ee~ ~o a 5/8 x 3 0 ~nch ..i...JLon JLod wUh aLum..i...num cap ma.rr.ked: C..i...~y 06 A..6hLand, PJr.oP.Co~., LS759i ~THENCE Sou~h 60 degJtee..6 30 m..i...nu~u 00 ..6econd..6 Wu~ 604 a ci~..6:ta.nc:e 06 887.56 -6eu; THENCE NOJr.:th 90 degJLeu 00 m..i...nu~u 00 ..6econd..6 We..6~ 60Jr. a ci~..6:tance 06 303.02 -6ee~ ~o ~he po..i...n~06 beg..i...nn..i...ng; Toge:the.rr. wUh and ..6ubJec~ :to covenan~..6, ea..6emen~~, and Jr.e..6:tJr.~c~..i...on..6 06 Jr.ecOJLd and ~ho..6e appa.rr.en~ on ~h~ Land. LESSOR: CUy c/o 0-6 A..6h.tand Pa~ and RecJr.ea.:t..i...on Comm..i.....6..6..i...on 340 S. P..i...onee.rr. SUed A..6h.tand, OJtegon 97520 Ha.rr.ch 25, 1994 (Jtev..i.....6ed 5/3/94) LESSEE: A..6h.tand Gun CLub, Inc. Jte6: C92TI7R.Leg . RI!:GI5TERED PROFESSIONAL LAND. SURVEYOR ExlU.bi~ 'A' CITY Of ASHLAND February 17, 2004 Ashland Parks & Recreation Commission 340 South Pioneer Street Ashland, Oregon 97520 Dear Commission Members: The Ashland Historic Commission would like to offer input regarding the proposed lease extension to the Ashland Gun Club for the Lithia Springs Property during your public meeting of FebnJary 23, 2004. For the past two years, a current goal of the Historic Commission has been to nominate thH Lithia Springs Property to the National Register of Historic Places. We view this historic site as a significant cultural resource to the City of Ashland and would like to make certain that the Parks Commission is considering all the potential altemative uses and/or ramifications of a lease extension to the Gun Club. Therefore, we would like to recommend that the Parks Commission schedule a public heariing at a future date so that interested citizens can have a voice and debate the issues involved. Additionally, this would afford the time for site visits by Commission members and citizens that have never seen the property. For inclusion into your meeting packet, I have attached a Historic Commission corresponde~nce to the Mayor dated November 26, 2002 on a related subject that could serve as an introduction and/or background for Parks Commissioners not familiar with the Lithia Springs Site. Also included are photographs of the site (historic and current), portions of minutes from past Historic Commission meetings and information taken from a research document on the Lithia Sprin!~s Property and Winburn Camp dated December 11, 1987 by Nan Hannon and Clayton Lebow for the City of Ashland. The entire document is available at the Parks Office. ~ Dale Shostrom, Chair Ashland Historic Commission Attachments ASHLAND HISTORIC COMMISSION 20 East Main Street Ashland, Oregon 97520 phone: 541-488-5305 www.ashland.or.us ~.., PHINJtO ON REeyel ED PAPER CITY OF ASH[LAND November 26,2002 Alan DeBoer, Mayor City of Ashland 20 East Main Street Ashland, OR 97520 Dear Mayor DeBoer: The Historic Commission convened on November 6, 2002 for our annual goal setting session prior to our regular monthly meeting. The subject regarding the inclusion of the Lithia Springs/Gun Club property as "potential surplus real property" as it was discussed at the October 15 City Council meeting, was met with great concern. The thought of selling this historic property, where the source of 'Lithia Water' began to flow into the City's Plaza in 1915, seemed somewhat hastily conceived. Only a few Commission members were familiar with the location of these unique springs. It was decided that I would tour the property with former Public Works Director AI Alsing to learn more. I met with Mr. Alsing at the property on November 14. The gun club's presen<::8 is obvious in the number of buildings and earth berms it has created for its activities. The more than 14 old 'Lithia Water' well heads and pump stations are scattered around the property. Above, at the highest ground, is a huge and growing deposit of excess fill dirt hauled in by city crews. I was disturbed by the relatively recent changes to the property, especially the significant redistribution of soils. On closer inspection, most of the northern property line is flanked by Emigrant Creek and the views of shear rock faces and dramatic topography abound. The site of the first developed spring on the creek has a huge cobblestone retaining wall at the creek's edge with stairs leading to the first, still standing pump statiion, which was made of concrete and stucco. This was an old destination for AshJc:lnd citizens years ago as a picnicking site. ASHLAND HISTORIC COMMISSION Planning Department 20 East Main Street Ashland, Oregon 97520 ~~. r... ~ PJltNHfl flM lurvr, rn p~o,o Letter to Mayor DeBoer November 26,2002 Page 2 Other discoveries on the property included large walls that formed ponds and curious concrete columns (now lying flat) that were used to separate the carbon dioxide from 'Uthia Water' to manufacture dry ice for a thriving cold storage trucking business in the 1950s. What is now visible is less impressive than the richly documented histories and artifacts that were once part of these springs. AI Alsing has suggested that the original pump station site could be used as a destination or historic wayside for users of the eventual Bear Creek Greenway path system that is slated to follow Emigrant Creek. This potential use could rejuvenate this beautiful site and keep this important part of Ashland's history alive. The Historic Commission's agenda will include this idea and others for further study. In conclusion, the Historic Commission would like the City Council to include us in any discussions you have regarding the change of use and/or the sale of this property. The history of this site is significant and deserves the input of the Historic Commission and citizens of Ashland. - Dale Shostrom, Chair Ashland His1toric Commission Enclosures c: City Council Members Interim City Administrator Brian Almquist Policel Chief Scott F/euter Public: Works Director Paula Brown Parks Director Ken Mickelsen Community Development Director John McLaughlin AI Alsiing I . ~ LITHIA SPRINGS ASHLAND, OREGON The area surrounding Ashland has long been known for its mineral waters. Even prior to the coming of the early settlers, the Indians used the springs in care of their sick and aged. The development of Lithia water fountains within 1i:he city began in 1911 with an idea that Ashland could become a famous heal th resort similar to Carlsbad, Germany, where mineral water treatments were big business. with much promotion, plans were made to pipe Lithia, soda, and sulfurwaters to the city. In 1914, the people of Ashland passed a bond issue to provide $175,000 for this development. Later, the amount was incr1eased to $225,000. Work was completed in December 1915 with the I;;oda and sulfur waters being piped to the park and the Lithia water :piped to the park, railroad station, library, Plaza and s'everal h01tels. In the early 1900's, enthusiasm died out, pipeline maintenance costs became prohibitive and the war came along to' slow the interest in mineral waters. The wooden soda and sulfur pipelines and facilities were abandoned and the Lithia pipeline was replaced by cast iron. About this same time, a local firm bottled the Lithia water and sold it as a "table water" as far north as Portland. During the 1950's, a corporation manufactured dry ice from the excess C02 at the springs and sold it to local outletl;; and to fruit and produce shippers on the west coast. The Lithia spring, which presently serves Ashland, is located about 3 miles east of the city. The pipe- line is two inch cast iron and serves ;fountains on the Plaza in the park, and at the library. It is said that there is only one other spring in the world with Cl higher concentration of Lithium, and that is in Europe. HYPOTHETICAL IONS PARTS/MILL Phosphoric Acid (PO ) Metaboric Acid (PO ) Arsenic (AS) Silicon Dioxide (S10 ) Sulfuric Acid (So ) Bicarbonate Acid (HCO ) Nitric Acid (NO ) - Nitrous Acid (NO ) Chlorine (CL) Bromine (BR) Iron (FE) Aluminum (AL) .Manganese (~) Calcium (Ca) Magnesium (Mg) Barium (Ba) PARTS/MILL COMBINATIONS 0.21.0Arsenic 272.380Ammonium Chloride 0.002Lithium Chloride 70.900Potassium Chloride tracepotassium Bromide 4270.730Sodium Nitrite 0.265Sodium Nitrite 0.010Sodium Chloride 2076.000Sodi~m Bicarbonate 2.000Sodium Metabotate 8.600Calcium Carbonate 2.500Calcium Phosphate 0.500Manganese Oxide 291. 920Alumina 246.680Ferrous Bicarbonate 1.700Silica 0.002 15.700 51. 070 :212.320 2.980 0.365 0.015 3:168.540 2926.470 418.100 1179.580 0.370 0.700 4.570 27.390 70.900 . PotassiUlm (K) Sodium (N'a) Lithium (Li) Oxygen (O-calculated) TOTAL 112.320Magnesium Bicarbonate 1484.030 2139.705Barium Bicarbonate 3.300 8.420 2.450 9566.582 II NORTH sj 1050.0' ~, )- III % r )- Z D .0 C }> D ;01 ~ III PI ! PI III ~~ ... o Ul O. . . o O. r , . =i .... -I )> :J: .. (1)_ (II (II J: )> COco r (1)(1) )> (J) :: Z""O .:u:u~:u m~O Z .. :OCi) .. 111 en CD (I) .G) III 111111 0 ~ nOZ(J) ~ ~~; ~ :! . i If ta~ites like it's healthful By KAREN MERRILL Mall Trib_ Stall' Wrtter : ASHLAND - Some people 'CAn't .plt It out fast ~ enough, but others .wear by the champagne of . health that bubbles from the marble fountain on ; the plaza. , "Natural Uthia Water - CCl1ntalnslOdJum, cal- cium, Iron, bicarbonate and other healthful m1n- ; erals," reads the weathered JnserlpUon on the ' fountain. ' : The fountain and three other. are about all that ~ remain of an early JOtb centur:V dream iIId f1nan- ' clal commitment by etty residents to turn AIb1and . Into a world famo.us health 'PII. : There are more .tbaJI U DUllel'al .prlnp near . A.hland. indians used the mucll from the Iulpbur : and soda .prlng. to mate medlelne pUla. : For the Drat wblte IetUen, the aprIQa were : popular picnic grounds. G.1t Olllette ana HIIT)' . Sliver were the first to try malllJ1g a profit from : the natural, fizzy UquJd Utblum~ . They purchased property ll:'OUJld one of the ; .prlnfs and In U07 HIlt ~ell ol the water to a : San Franclsco cheinllt for anal,val', 'Jbe cbemlat . reported that Ashland'. Utbla "rater had the lee- ; ODd Iarrest Utblum content oluJ. bown aprIng Ia : America. . Sliver and GiUette began bottllng the water for NT... irt.... Rtder -.. ......... ......- 'Ibq "'" .......... Smn.. like lIdJ .... ooie oil';' reactI"" to lute 01 Utili. 'YaleI:.,,' , ' " .,1 It at a MaIn Street drink parlor.. .- ......... 0lIIeIle'. - .. "" "'1- The - ...... ......... .,. . _ .. ...,. .. The -. _ .... _ ....... OX.... eel......... ..... .......... UtIda........... J08. · ...... _. "'-. J.P.!loofao .... R.. ..................... R _ "" .." abc;i'j,..., · '-' .1ialIar .. Ibe - - .. -..... -...... _... """" _... ""rt.i- _ ...... ........... -.._. N.Y. a. - . lure '-' bote1 with .~ W.ter CenuaIIoI.o. ~ r..... '. . ,. - ....- "" - ... - ...... . OIl Dec.1l, "1~ "'-_ "'\be _ wID o.er Ibe JUI'I, ... a" CoaacIt ... _ ap. -.. - -..... .... _ete ....... be -1IoIai 1be....!!DPIored a1Carabad, _.. br _ _ _ ,J. _ . ..... -. ""Ida, ...... - wID -.", ....... ......1..... Ibe water. "" lbel!i"1>O boobbeu RerI Clfter. .... ... -....... Ibe....... ""-"'-/ooleJa ....- _ ....... "" deot, .." _ Worb DIrector AI ~, agreed with Sllftl' that Utbla water coa1d and a water ewe IIDltodum aDder lclent1flc: rned- ~the .has lImP1es Of the yattOua boUres ~ed In _. - - DaI 0.... fell -,. ""_.. are beIuc _ ... will be...".. _ 01 Uthla W.ter ~ Ore,oa. ... -,Ibal""..ter_be _to ""- durta, lhIo _. . The _ _to 01 Utlila 11'_... otlI1 ...... - "1JU, 1lD.... """'" to ..... . ~ dtbaIed. .. II Oct< ~.... ....... fa ... "'- -. - thaI. ....." eo.-n:w ..""'" are ~ dra.. far tha _ water AmeiIeaa _ 01 P-...,.. Dr. Nathan a.. -. ......... "'1lIlYer'. - ........ .. ......... _ . """ at u\... beuty_ KIIne_. "Uthl.... ...~Qaderella ..-. ......... waten................. ...... _to..... -oat....""........... of ~ .. .1 Jail......... .... ...... - U_,atl!lred; thaa aD......... . .... 01 Ibe ..... _.... ..... to ha.. ... ......... duo. Jut oId_~~.... ..-Oriaoa...u_-........... '-'........ I............. bel... JoIy ~ _..._. ......_01_, a fund for the wort and enter upon an attempt to, 1915." , , rheumau'lD, ,kidney .tone, uremla, brlefli but d...re,. ....... ....... .- tie ... ..--., .. . w-. PI..... __ with win, ........." dnmatlcaDi _ u. ull_tale "".... the clty," Greer wrote. 'atructecf"to ~ the water to town. By the end of clseIy the type of patient III eard1ac: or renal faU. The attempt WII 1UeCeI.ful. A1110tber well, 10- 1915, fountains were bubbllnr at tlie rallraod are for whom It should DOt ~ be 1Ied- Cited on property ciIoser'to town, WI. dlacovered depot, Utbla Part and the Asliland Hotel (which the modest proclamaUOCl of Its_ for maniac: and In early 1914. took up the block where the FIrst National Bank ol other excitement .tatea III a ~ of Umlted elr. Mu. meeUng. were held, cheml.ts were Oregon now Is located). Later fountalna were con- culatlon In a remote country Wu 10 pII. almost br:ougbt In to analyze the water wI a tract of land .truCted on the plaza and on the- Ubrary ll'Ounds. unnoticed. . - ...... CIlautauqaa 0_ .u -... The ...... .... ..... _ ....iIaanr ........... ..UUdam.. . _... cUllei-eal.., lor_.. I.. ..lle -- u part 01 ... ........ ... the ..It. ........ .............. _ .......... wlth allecll.. aDd JIOIIIbI, otber. _lrle .... A '175,OOObocid election waslCh4!duled for June to ~,OOO. . orders. .. 1~ It1t Ca_ ,..... ... ..... Sj>eeIaI_ D1111S, Ibe _um lor . ........ .... had IolecUebuoJ deba.. ulde, _ _. ..... ._ were wrlUen and' the election alOi(lll WII "AaIJ. fizzled. But except for the botel fountain, Utbla. or don't drink it _ because of Uie, Ub, dlatlncUve land GroWl WhIle Utbla Flows." ' .' water CoaUnues to bubble today. taste. '. PHOTOS OF L1THIA SPRINGS PROPERTY Lithia Springs Property (circa '1915) Lithia Springs Site Pump House (circa 1915) Lithia Springs Site May .2003 (above building still standing and rock wall still basically in tact.) Sulfur Springs (circa 1915) Pompadour Chief Springs (circa 1915) Bottling Lithia Water on the Lithia Springs Property (circa 1915) OLD BUSINESS CITY OF ASHLAND Review Board - Following is the March schedule for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: March 6th March 13th March 20th March 27th Skibby, Steele and Shostrom Skibby, Chambers and Steele Skibby, Giordano and Leighton Skibby, Krippaehne and Saladoff Proiect AssiQnments for PlanninQ Actions PA #2000-120 P A #2001-029 PA#2001-075 PA #2002-010 PA #2002-021 P A #2002-064 PA #2002-080 PA #2002-075 PA #~002-094 PA # 2002-098 P A #2002-100 P A #2002-125 PA#2002-127 PA #2002-142 P A #2002-139 PA #2003-005 485 "A" Street (Steve Hoxmeier) 455 Siskiyou Boulevard (Fire Station) 358 Iowa Street (Eva Cooley) 103 S. Laurel Street (Laura Shrewsbury) 25 Granite Street (Carol Dutra) 542 "A" Street (David Gremmels & Cary Bryant) 286 Eighth Street (John & Mary Ellen Cole) SE Comer of "A" & Pioneer Streets (Alan Sandler) 340 Oak Street ("A" Street Marketplace) 521 North Main Street (Scott Young Medical Center) 142 East Main Street (Earthly Goods) 44 North Second Street (Trinity Episcopal Church) NW Corner North Main & Maple Streets Intersection (ACHF) 120 Gresham Street (Chanticleer) 266 Third Street (Third Street Partners) 35 S. Second Street (Winchester Inn) Shostrom Skibby Knox Leighton Foil Krippaehne Foil Saladoff Saladoff !Leighton Leighton Skibby Krippaehne Krippaehne Shostrom J<rippaehne Lithia SprinQs Property - Shostrom updated the Commission with information he had gath43red since the last meeting. Having spoken with local historians Kay Atwood and George Kramer about the possiibility of nominating the property to the National Register of Historic Places, he felt very encouraged it would be a worthy project. He will also get information from Southern Oregon Historical Society and the Southern Oregon University Anthropology Department. Shostrom then introduced AI Alsing, former Public Works Director for the City of Ashland. A1sing agreed historical status should be pursued for the property and said he is delighted with the prospect. He noted! that several years ago, the American Water Works Association designated the lithia water fountain on the Plaza as a Historic Water Works Facility. There are only three such sites in the State of Oregon. Alsing informed thEl Commission that originally, wood piping was used to bring the water in to various sites in Ashland. Two-inch cast iron pipes replaced these, and now all the lines are being replaced with plastic pipes. Alsing also informed the members that lithia water, soda water from Emigrant Lake and sulfur water were all piped to lithia Park. Leighton added some of the water was bottled at the top of what is now the "stairway to nowhere" in lithia Park. Alsing said he would like to educate people about the site and encourage them to visit the lithiia Springs property. He passed around copies of historic photos depicting some of the well sites and buildings that were on the property when the water was being bottled and when dry ice was being manufactured. He said numerous wells have been dug on the property, mostly by the dry ice company (Which was based in Washington State). Knox commented he thinks the property could stand on its own as a National Register site. The City Council will first need to grant approval before initiating the nomination. He said the Council will balance all the issues regarding what is best for the community before making a decision. Ashland Historic Commission Minutes March 5, 2003 2 / Shostrom stated he had talked with Karen Smith about the Bear Creek Greenway going to the site. She informed him that while the long-range plan is to take it out by the Lithia Springs property, the current focus is on Ashland to Central Point. The Greenway is eventually designated to connect Emigrant Lake with the Pacific Crest Trail. CITY OF ASHLAND Shostrom also stated he looked in to the contract between the City and the gun club. The next renewal is slated for March 2008. He reported the gun club is paying $1 per year plus the property taxes so the City is not currently paying anything to own the property. Alsing asked if the 9un club could still use the property if it gained National Register status. Knox responded the club could remain; however, Shostrom stated if the property ever tumed into a destination point, that use would not be compatible. Site visits to the Lithiia Springs property were scheduled for Thursday, March 6 at 2:30 p.m. and Thursday, March 13 at 4:00 p.m. Alsing will meet the members at the site. National Historic Preservation Week (May 5-12) - The April meeting will begin at 6:00 in order to give the members time to discuss and vote on the nominations for the awards. Knox related the Oregon Heritage Conference has been cancelled due to state budgetary problems. Hopefully, it will be rescheduled in Ashland next year. Educational Articles - Knox informed the Commission that Marketing Director Ann Seltzer has asked for short articles (photos OK too) by the Historic Commission that can be used for the City Source. She would like six articles varying in size from 3;00-500 words to be used as fill-in when there is available space. All the articles will be subject to editing by Seltzer. Knox offered to write an article and requested that others be turned in by June. These can be on any subject. ITEMS NOT ON AGENDA Proposed Plans for ~l Hillcrest Street - Due to the February 27 Review Board request, contractor Larry Medinger met with the Commission regarding the proposed additions and renovations to the home located at 9 Hillcrest Street. Knox explaim~d the owners of the property are also applying for Special Assessment through the State Historic Preservation Office (SHPO). Medinger stated all the windows will be replaced with Pozzi wood windows. The front facade curn~ntly has a large picture window that will be replaced with three vertical windows. He explained that parts of the house were just tacked on and do not match the original house from the outside. All the shingles will be replaced because the existing ones are in bad condition. SHPO has advised them to keep the siding, which according to Medinger, is not the same throughout the house. However, they won't know about replacing the siding until they get further 8110ng and can determine the condition. Medinger would like to keep the dialogue open on the siding issue and will invite the members to the site when they get to that point. If the siding needs to be replaced, it will either be clear wood they can have milled or will be Hardiplank. He further explained at this time, the house has two bedrooms and one bathroom. Since a family will be moving in, more space is needed. A new foundation will be put under the house and the asbestos shingles will be removed. The side addition on the north side of the house is proposed under the two existing bay windows. Medinger maintained this addition will not be visible from Hillcrest Street because the house was built on the upper side of the street. Saladoff stated he was at the Review Board meeting last week and he questioned the side (north) addition because of the introduction of a new element in the deck and roof. Medinger said a larger addition will be built in the rear of the house but it will not be visible at all from the street and SHPO is not concerned about it. Overall, Medinger assured the Commission, they will be cleaning up the house to make the exterior work. Krippaehne and Saladoff both questioned the hlVO bay windows with the addition below, noting the addition will project out. Giordano said in his opinion, a railing would be preferable to the eyebrow on the roofline. Medinger offered to have variations drawn up in time for the Review Board meeting on March 6. Ashland Historic Commission Minutes March 5, 2003 3 CITY OF ASHLAND Goals · Bi-Monthly Newsletter - This will be an opportunity to inform the public of what the Commission is doing and what it is about. Although it might not be practical to mail out a newsletter to a specified group of citizens, information regarding vinyl siding, vinyl windows, porches, alleys, mass and scale, etc. could be researched and presented in a simple handout format. Steele will explore what can be done on the City's web site, linking the Historic Commission to these topics on other web sites with expert advice. Saladoff suggested having this information available to the public in the lobby area of the CDES Building. · Brown Baa Workshops - Based on the last workshop that was held in Jacksonville on a Saturday morning, it was decided it would be best to stick to Fridays. Knox said the next one will be in mid-January, probably on the 17th and special assessment will be discussed. Saladoff recommended having one on American architectural styles also. Saladoff volunteered to help Knox come up with ideas and stay focused in order to keep these workshops happening. · Monument Identification - Knox stated he will be asking for an intern to help identify and photograph monuments in the sidewalks and streets. Due to an oversight a few years ago, the Public Works Department overlooked an historical marker in Helman Street and as a result, it was destroyed. Public Works Director Paula Brown is committed to helping get these monuments identified so it won't happen again. Knox said he would appreciate input from everyone. Former members, local historians, authors, and local anthropologists and archeologists will be consulted. · Photo Archivina/Screen Saver of Historic Photos - Archiving historic photos (in particular, Skibby's collection) was discussed. Knox stated he would like the City to purchase a good quality scanner for this and added the City could also purchase some of Skibby's time to help with this. Leighton and Skibby will meet with Knox to discuss coordination of this project. · National Historic Preservation Week (May 5-12) - The theme for 2003 will be Cities, Suburbs & Countryside. Knox related that he has met with State Historic Preservation Office (SHPO) representatives to work out some details of the Oregon Heritage Conference, which will be held in Ashland May 8 and 9. Govemor elect Kulongoski, Senator Hannon, possibly Richard Moe (president of the National Trust) and possibly a representative from Main Street National Trust will be in attendance. This conference will be included in the events for the week. Saladoff and Krippaehne will meet to help organize events and Steele volunteered to write an article. · Lithia Sprinas Property - Former Public Works Director AI Alsing had been talking with Shostrom regarding the possible sale of the large piece of property that contains the headwaters of Lithia Springs. He would like to make sure this land does not get partitioned and/or sold. Alsing would also like to see the property placed on the National Register of Historic Places. Council Liaison Kate Jackson arrived at the meeting during this discussion. She related that the Council does not intend to divide or sell this property at this time, but suggested the Commission write a letter to the Mayor and Council regarding its concems so it will be on file. Shostrom will set up a time to meet with Alsing at the site and work on a letter. Shostrom will also write a letter to Interim City Administrator Brian Almquist, Mayor Alan DeBoer, Library Project Coordinator Dick Wanderscheid, and Adroit Construction regarding the proposal to not finish the encasement of the rafters in the comice on one side of the building. This side was to be designed like the othelr three sides of the Carnegie Library building and will look unfinished if it does not match. At 6:10 p.m., the Commission adjourned for a dinner break. CALL TO ORDER - REGULAR MONTHLY MEETING At 7:35 p.m., Chairperson Dale Shostrom called the meeting to order in the Shakespeare Room. All members and staff listed above were in attendance. In addition, Council Liaison Kate Jackson was present. Ashland Historic Commission Minutes November 6, 2002 2 P A #2001-088 PA #2002-002 PA #2002-010 PA #2002-021 PA #2002-064 P A #2002-080 PA #2002.-075 PA #2002..094 PA # 2002-098 P A #2002..100 PA #2002..125 PA #2002-.127 PA #2002..142 PA#2002..139 Review and Discuss Goals CITY OF ASHLAND 61 Nutley Street (William Machado & Denise Byron) 472 Scenic Drive (Kirt Meyer & Vadim Agakhanov) 103 S. Laurel Street (Laura Shrewsbury) 25 Granite Street (Carol Dutra) 542 "A" Street (David Gremmels & Cary Bryant) 286 Eighth Street (John & Mary Ellen Cole) SE Corner of "A" & Pioneer Streets (Alan Sandler) 340 Oak Street ("A" Street Marketplace) 521 North Main Street (Scott Young Medical Center) 142 East Main Street (Earthly Goods) 44 North Second Street (Trinity Episcopal Church) NW Corner North Main & Maple Streets Intersection (ACHF) 120 Gresham Street (Chanticleer) 266 Third Street (Third Street Partners) Steele Saladoff Leighton Foil Krippaehne Foil Saladoff Saladoff Leighton Leighton Skibby Krippaehne Krippaehne Shostrom Knox stated that in speaking with Saladoff after last month's meeting, he suggested the Historic Commission create a mission statement that can be given or read to applicants so they better understand why certain recommendations are made. Chambers has been asked to provide a draft statement. Knox also asked the members to focus on all the good the Commission has accomplished in Ashland. Knox then cautioned the members they will be required to remove themselves from discussions if they have publicly stated they are eithe~r for or against a project. Shostrom noted he had written a letter to Mayor Alan DeBoer regarding the Lithia Springs/Gun Club property (copy included in packet).l-Ie said former Public Works Director AI Alsing thinks it should be National Register property. He asked the Commission for input on this and all members thought this property would be worthy of such a listing. This will be discusse~d further in upcoming meetings. Also briefly discussed were potential independent listings on the National Register of Historic Places for properties outside the Historic District. NEW BUSINESS Articles in Ashland Daily TidinQs on the history of Ashland - Skibby said all the members should be thinking of subjects that would make interesting articles. Steele added that publicity on historic properties with changes being proposed should also be pursued. For example, she noted most people are very interested in the different uses buildings have had in the past. Chambers suggested brainstorming a list and added that Skibby most likely has historic photos of properties that would be on the list. Knox suggested starting with a list of structures that have received awards from the Commission. He also agreed with Steele in that applications requiring public notice involving historic buildings would be newsworthy items. Steele mentioned that when uses change, the buildings are essentially being recycled. Leighton added that house moves would also be an interesting topic. Tidings reporter Myle~s Murphy, who is soliciting input from the Commission, will be invited to the next meeting. Ashland Historic Commission Minutes December 4, 2002 3 T 1 I . I j r i I ~ I~ AN INVENTORY, mSTORIC DOCUMENTATION, AND ASSESSMENT OF CULTURAL RESOURCES AT LITIllA SPRINGS AND WINBURN CAMP f7 I I 11 r: n rI [r r: [ I rr J 1 J I By Nan Hannon and Clayton G. Lebow For the Oty of Ashland 1 ! j "~~..".~' \..~~.. ~"'J \ ~ ~ .-~;~, . ..,; . '"!-;, u.'olee ~. '.>. re.se.a.rch incorpora.ted r 1 J December II, 1987 IRI Report No. PNW87-8 1;"''; I ' EXECUTIVE SUMMARY I . I I . INFOTEC Research, Inc. (IRI) , between August 29th and December II, 1987, conducted a cultural resource inventory and historic documentation of the Lithia Springs and Winburn Camp properties, for the City of Ashland. The purpose of this project was to identify and record any cultural resources located on these two properties, document the history of these resources, and to recommend management measures. Three cultural resources were recorded: two histclric sites on the Winburn Camp property, and a single historic site on the Lithta Springs property. The historic sites 'on the Winburn Camp property ipclude 1::he Winburn Cabin site .and a historic dump site. The Winburn Cabin site is probably not eligible for inclusion on the' National Register of Historic Places, although the site is interesting, and could be managed and protectedL by the City simply by continuing the present property management strategy. The historic dump site is not eligible for the National Register of Historic Places, and need not be considered in future management plans. The historic site located on the Litliia Springs property includes features associated with the development of Lithia Springs. Given the significant role that Lithia Springs has played' in the history of the City of Ashland, there is no questi,on that this site (particularly with the Pompadour Chief, the steel bridge over Emigrant Creek, the City Springs pumphouse and retaining wall, and the angular concrete retaining wall at Lithia Spring all present) is eligible for the National Register of Historic Places. It is recommended that this site be nominated, and the property managed in such a way as to protect the site. No prehistoric sites were observed on either the Lithia Springs or Winburn C.amp properties. ii TABLE OF CONTENTS page EXECUTIVE SUMMARY ii INTRODUCTION . . 1 PHYSICAL SETTING 1 BACKGROUND . . '. Ethnographic Setting Archaeological Setting Historical Setting 5 5 6 8 PROCEDURES . . . . . . Field Survey Historic Research and Interview Procedures . . . . 10 10 11 HISTORY OF LITHIA SPRINGS AND WINBURN CAMP PROPERTIES Winburn Camp Property . Lithia Springs Property . , . 12 12, 18 "r SURVEY RESULTS . . . . . . Winburn Camp Property . Lithia Springs Property . 23 24 28 RECOMMENDATIONS 32 REFERENCES CITED . . . . . 34 APPENDIX A: TRANSCRIPT OF INTERVIEW WITH DEUIAR. HUBBARD A.l APPENDIX B: TRANSCRIPT OF INTERVIEW WITH WILLIAM BRIGGS . B.l APPENDIX C: TRANSCRIPT OF INTERVIEW WITH EVE NYE C .1 APPENDIX D: TRANSCRIPT OF INTERVIEW WITH BUD SILVER D.1 APPENDIX E: SUMMARY OF INTERVIEW WITH GERTRUDE BIEDE EASTERLING E.1 APPENDIX F: SUMMARY OF INTERVIEW WITH LAWRENCE POWELL F.1 APPENDIX G: MINERAL CONTENTS OF LITHIA SPRINGS G.1 iii LIST OF FIGURES Figure page 1. Location of the Winburn Camp Property 2 2. Location of the Lithia Springs Property 4 3. Vbw of the Lithia Springs Property, to the West 5 4. ThE~ Long Cabin on the Winburn Property . . . . . 13 5. ThE~ Winburn Cabin, "Sap and Salt in the Woods," August 14, 1921 ..... 15 6. HaI~ry Silver and the Pompadour Chief 20 7. The City Springs Pumphouse and Steel Bridge o~er Emigrant Creek . . . . 23 8. Plan Map of the Winburn Cabin Site (ASWP ill) 25 9. View (to the West) of the Meadow with the Former Winburn Cabin. 26 10. Concrete Steps at the Back of the Former Winburn Cabin, View to the West . . . . . . . . . . . . . .... 26 11. The Former Winburn Cabin, View to the North; the Concrete 27 12. Pl~n Map of the Lithia Springs Site (ASLS #1) . . . . . 29 13. The Pompadour Chief as it Appears in 1987. View to the North 31 14. The City Springs Pumphouse, Steel Bridge over Emigrant Creek, ~ld Retaining Wall. View to the East . . . . . . . . . . . 31 iv I I INTRODUCTION f . \ : A cultural resource inventory and historic documentation of Winburn Camp and Lithia Springs, both owned by the City of Ashland, was conductE~d by INFOTEC Research, Inc. (IRI) , under contract with the City of Ashland. The purpose was to provide information which would allow the City of Ashland to properly manage the cultural resources on these two properties. The project was guided by four goals: (1) to comply with Oregon's Land Conservation and Development Commission '(LCDC) Goal 5, which states that the "location, quality and quantity" of "historic areas, sites, structures and objects" (among other resources) shall be inventoried; (2) to compile a historical background on each property, particularly a$ the property and the people assocLated with the property were involved in the development of the City of Ashland; (3) to survey both properties to locate unrecorded cultural resources;;' and (4) to file completed site forms with the State Historic Preservation ()ffice (SHPO) on all c~ltural resources identified on the two properties. r I [ :' This project was the result of a m.atching grant, received by the City of Ashland from SHPO. IRI's st.ff for the project included Clayton Lebow as the Principal Investigator, Nan Hannon as the project Historian, and Richard Pettigrew as the Project Manager. Al Alsing served as Project Supervisor for' the City of Ashland, and Jim Olson and Jim Roberts assisted by mapping cultural resource sites; the City also provided in-kind services, including the graphics, which were completed by Jim. Olson. The field work '-ras completed by Clayton Lebow, Nan Hannon,' Jim Olson, and Jim Roberts between August 29th and September 1st; a total of seven person-days was spent on this task. ( . , .: This report consis,ts of four major parts. The first part provides an introduction, and information on the physical, ethnographic, prehistoric, and historical settings of the two properties (as no prehisto~ic archaeological sites were recorded, the ethnographic and prehistoric settin,gs are very brief); the second part is a discussion of the field methods used during the survey, and the research and interview methods used during 1t:he historic documentation. This is followed by an in-depth discussion of the history of the pro j ec t areas" and the imp~c t the people associated with the two properties had on the City of Ashland. The final section is a discussion of the sltes recorded, including potential significance, and recommendation,s fot', cultural resource managemerit. f i I . I ; PHYSICAL SETTING The Winburn Camp property, composed of 160 acres, is located in southern Jackson County in the WJt of the NE~, the SE~,of the NW~, and the NW~ of the SE~ of Section 32, T39S, RIE, WK, between 3840 and 3280 ft (1170 and 1000 m) in elevation (Figure 1). The West Fork' of Ashland Creek flows through, and is joined" by, Weasel Creek and Annie Creek within the property boundaries. The project area, which is within the boundaries of the Ashland Ranger District of the Rogue River National Forest, is also within the Ashland Municipal Watershed. The climate is typical of upland forested environments in the 1 I I ' I r upper Rogue River drainage, with warm and dry summers, and cool and moist winters. The vicinity probably accumulates a winter snowpack. The topography of the BLrea consists of steep slopes, with slopes over 90% not uncommon. The only relatively level area of any consequence is at the confluence of Weasel Creek and the West Fork of Ashland Creek; this area consists of approximately one to two acres of alluvial terrace with slopes less than 10%. Situated just west of this terrace is a small (approximately ~ acre) open meadow, with a ground slope of approximately 10%. Two benches, both less than one-half acre in size and with slopes less than 20%, were located east of and overlooking the West Fork of Ashland Creek. Except for the open meadow~ the property is heavily timbered, with Douglas- fir (Pseudotsuga menziesii) the dominant overstory; other plants observed include bigleaf maple (Acer macrollhyllum), white fir (Abies concolor), red alder (Alnus rubra) , chinkapin (Castanol'sis chrysophylla), incense cedar (Libocedrus decurrens), Pacific yew (Taxus brevifol:la), Pacific madrone (Arbutus. menziesii), California hazel (Cor:ylus cornuta californica), ocean spray (Holodiscus discolor), salal (Gaultheria shallon) " dwarf Oregon grape (Mahonia nervosa), wild rose (Rosa spp.) ,- wood sorrel (lOxalis sp.), swordfern (Polystichum munitum), brackenfern (Pteridium aquilinumm), maidenhair-fern (Adiantum Dedatum), horsetail (Equisetum sp.), and beargras~1 (Xerollhyllum tenax). Other than road and building construction associatEld with the Long, and Winburn cabins (see discussion later in this report), the property has undergone little historic alteration. [ . I , t I I I r ' r I . I I The Lithj~a Springs property-, 66 acres in size, is located in southern Jackson County, :I.n the SEI( of the SEI( of Section 12, T39S, RlE, WH, and the SWI( of the SWI( of S4acti9n 7, T39S, R2E, WH. between 1900 and 2025 ft (579 and 617 m) in elevatior.l (Figure 2). The Lithia Springs property is situated on the eastern edge of l~ear Creek Valley. approximately two miles (3.2 km) east of Ashland. Emigrant Creek, which is a major tributary to Bear Creek. is located along much of the northern property boundary. Th~ climate is moderate . (but more xeric than the upland Winburn Camp property) , with hot and dry summers, and cool and damp winters. The vegetation falls within the "Interi~r Valley Zone" (Frankltn and Dyrness 1973:44-45, 110. Fig. 27). - The property is predominately grasslilOd, with Oregon white oak (Ouercus garryana) and California black oak (Ouercus kelloggii) present on the slopes, and willow (Salix spp.), Oregon white ash (Fraxinus latifolia), black cottonwood (PoDulus trichocat:IU!), blackberries (Rubus spp.), and poison oak (Rhus diversiloba) found along the banks of Emigrant Creek. Topographiclillly, the property consists of two distinct areas. Approximately half of the property consists of a relatively level alluvial terrace (Figu~e 3); located within this terrace are the Lithia Springs and the City Springs. The remainder of the property is on gently' rolling hillsides with slopes up to 30%, although occasional rock outcrops create much steeper slopes. Unlike the Winburn property, the Lithia Springs landscape- has been extensively altered during t.he historic time period. particularly on the alluvial terrace. Most of the terrace has been artificially filled (probably to alleviate the marshiness associated with the mineral springs, and Emigrant Creek has been diverted from its original channel (Appendix D). Except for the eastern corner of the terrace, no original surface (present prior to historic occupation) was observed. The hillsides remain relatively unaltered. r Or i - , I I 3 i I LITHIA !:REGj PROJECT LOCATION SPRI NGS SITE ASHLAND, OREGON 1000 v- o 1000 3000 ~ooo G SCALE IN FEET ASHLAND QUAD,t 7.!5 min. s~rles Figure 2. Location of the Lithia Springs Property. 4 . ! ; i i i \ . r . I. Figure 3. View of the Lithia Springs Property, to the Yest. BACKGROUND ETHNOGRAPHIC SETTING At the time of historic contact, Bear Creek Valley between Ashland and Talent was the boundary between the Upland Takelma and the Shasta (Gray 1985:35-36). This would place both the Winburn Camp and Lithia Springs properties within Shasta territ.ory. although it is likely that these properties were actually seasonally' exploited by both groups. Although speaking different languages (the Upland Takelma belonged to the Penutian language family, the Shasta to the Hokan Language family [Schaeffer 1959]), the two groups were similar in many ways. The following brief summary is taken from the ethnographies of Dixon (19()7), Holt (1946), and Sapir (1907); for more in-depth information, refer to those authors, or to the compilation of southwestern Oregon ethnographies by Gray (1985). The basic socio-political unit among the Shasta was the small, exogamous, patriline~Ll, extended family band, although each band belonged to a larger, geographic:ally defined group (the Shasta of Bear Creek Valley, for instance, belonged to the Ikirakutsu group). Each group was under the leadership of a head man, whose position was hereditary (and, due to the practice of paying fines as blood-money, required that he be wealthy). Another influential 5 Jesse Winburn died on July 21, 1929, in Rye, New York, where he was building a new home. He was 56. Reporting Winburn's death, the Ashland Dail)r Tidings tactfully described the Ashland years of the City's "most widely-kno~m former tempor ary res ident" as .colorful." Ignoring the eccentric millJlonaire' s alienation frol;D the town, the newspaper acknowledged Ashland's indebtudness to Winburn .for the Community Hospital, for. the Civic Clubhouse, for Wim>urn Way, and a substantial donation to the beautiful Christian Science Church . . . n (Ashland Daily Tidings, July 22,- 1929, p. I, col. 1-2). Despite his short tenure in Ashland, Jesse Winburn had a major impac:t on the City. Winburn Way and the Ashland Community Center are tangible remj~nders of his presence in the town, and he is remembered as one of the most colorful figures in Ashland history. LITHIA SPRINGS PROPERTY The Lithia Springs are one of a number of natural mineral spring,;; in the foothills of. the western Cascades near Ashland. Ashland's early settlers recorded the medicinal use of some of. these springs by the local Indians (O'Harra 1985:7-8). . Pioneer Frank Riddle also claimed that Buckhorn Springs near .Ashland was utilized by the Klamath and Hodoc Indians whose home was. on the eastern side .of the Cascades (Ashland Tidings, December 14, 191~~, p. 3, col. 2). Early Ashland residents believed in the medicinal value of bathinB; in and drinking the mineral waters. Wagner Soda Springs and Buckhorn.. Springs enj oyed modest success as tourist stops, and the Helman Baths and.the Natatlt>rium in Ashland utilized the natural sulphur 'spri7;lgs.. .In the ~ 1870s and 1880:s, water from the sulphur springs was piped to the White Sulphur Springs Hotel in the present ~ilroad District (O'Harra 1986:87). Exposed by spring flooding in the l880s, the Li thia Springs were vil~ible in Emigrant Creek in subsequent summers when the water of the creek was low. A photograph ..in an early Asbland Commercial Club publication shows tb4~ spring bubbling.: up in the middle of the creek' (Ashland Commercial Club n.ell.). In 1906, Ashland resident Harry Silver visited a coal mine near Emigran:t: Creek, and noticed the effervescent spring bubbling up in the middle of the stream. Intr-igued by the taste of the water, be commissioned a chemical analysis. The .report concluded, that with the :exception of one European spring, thll! Lithia Spring had the bighest lithium content of any spring in the world (Silver Family Papers n. d. :xx) . A mineral analysis of Lithia water is included as Appendix G. In 1907, Silver and his partner, . G.H. Gillette, purchased 10 acres of land around.. the Lithia Spring and completely exposed tbe Spring by constI'11cting a diversion dam to re-channel Emigra.nt Greek to the north (Appendix D). They began bottling and selling Lithia water, eventually shipping their product nationwide. In that same year, Silver contacted the Liquid Carbonic Company 'in Chicago, and entered negotiations with them which resulted in a Icotitract 18 nine yesLrs later for Silver to extract and bottle the carbonic gas from Lithia water (Silver Family Papers n. d. : 2). As the business became more profitable, Silver bought out Gillette's interest in the (~ompany and invested in expansion (Ashland Daily Tidings, February 9, 1968, p., 3, co1. 1-5). In 1919, a well was drilled east of the original spring. The Silver Geyser, as Silver called it, sprang up from a well 165 feet deElp. Until December of 1929, the Silver Geyser supplied the C02 gas compression plant for the Liquid Carbonic Company, which installed a gas plant and bottling plant for the liquification of carbonic gas (Silver Family Papers n.d.:2l). Silver visited the mineral springs at Saratoga S,prings, New York, several times, a:s well as other mineral water resorts around the country (O'Harra 1986:88). He came ,to believe th~t a similarly successful health resort could be deve140ped in Ashland. Envisioning construction of a sanitarium and resort on the property, Silver built the first of what he hoped would become a complex lof recreational facilities. Over one of the welling springs, Silver erected a spring. hoqse; into which visitors could descend to drink Lithia water fr40m a carVed basin beneath'a marble panel listing the mineral content of the w'ater. Silver named' thes.tructure the. "Pompadour Chief," and carved the name over the arch above the spring (Figure 6, Appendix 0; Silver Family Papers n..d. :18). The rUime comes from the basalt outcrop on nearby Dead Indian Road called Pompado~ ,JHuif because of its resemblance to the Pompadour hairstylEl popular ,at the turn of the century. If At the SBlDle time that SlIver was W'or'kingon private development of the mineral water resources, other Ashland citl~ens decided that the City could also capi talize on th~ PQP1,1.larity of -health' waters" '. (Ashland Daily Tidings, February 9, 1968, p. 3. co1. l-~>,~'Particularly interes,ted in the project was Bert Greer, who had ,come to4shland,in 19l1:and purchased the Ashland Tidings. Greer emrisioned the ~entlre town .hecomlng . a . health ];esort. Greer and a steering commltteecomposed:,:of R.A~ :K1.nkler and J..P. Dodge developed a plan to pipe llthia, soda, and sulphur water to several locations in town. One of the locations was to be the Railroad Depot, so that tourists would be aware of the healthful waters of Ashland. Another .was to be in an enlarged park adjacent to the eJdsting Chautauqua facility. Land for the expansion of the park was donated by Ashland businessmen Domingo Perozzi and Gwin S. Butler (O'Harra 1986:88). r r I 1 if ; j I ..1 How.ever, negotiations with Harry Silver to purchase the Lithia Springs property for municipal use failed to produce a contract. While negotiations were underway, another well,. which flowed. 30 gallons a minute., was driU~d into the :Lithia Spring on adjoining property which had been homesteaded by the John Murphy family in 1877 (Jackson County Deed Book 7, p. 629). The Murphy's agreed to sell their property to the City (Ashland Oaily Tidings', August 3, 1961, p. 5, co1. 1-5). The steering committee conti'pued its plans. Represent,ltives of the Smith, El}1ery Company of San Francisco were brought to Ashland to bid on piping the lithia, sulphur and soda waters to the City (O'Harra 1986:88). Smith, Emery Company estimated that it would cost $100,000 ' to install wire-reinforced wooden pipes held together with copper staples from I I 19 ! ., I j ] ., Figure 6. Harry Silver and the Pompadour Chi~f. Photograph courtesy 4:>f Hr. Bud Silver. L the springs to Ashland. In order to raise the money, a bond issue was put before Ashland Voters. The Ashland Commercial Club held rallies liLt which .Southern. Pacific Railroad executives; representatives of the Smith,. Emery CoDtpany and John McLaren, superintendent of. San Francisco's Golden G~Lte Park ail. spoke in favor of the project. Greer editorialized that the local mineral waters were Ashland's "... big asse.t, worth more, if properly utilized, than all the crops of( l;outher'n Oregon..." (Ashland Tidings, December 31, 1914, p. 1, col. 1-4). The l;teet:,ing committe.e claimed that the region's excellent railway service, and the existing Chautauqua program, with its impressive. building and. surlcounding park, whfch was to be enlarged and landscaped by McLaren, made. Ashland the ideal place to develop a health resort. Southern Pacific Railroad, E~ager to 20 , 1 I , promote tourism in the southern Oregon-northern California area, helped the committee with advertising expenses (O'Harra 1986:88). j r I , On June 9, 1914, the citizens of Ashland voted 4 to 1 to pass the $175,000 Mineral Springs Bond. issue (Ashland Heritage Committee brochure n.d.). Yaters were piped to a gazebo above the band shell in Lithia Park, to the Railroad Depot, t!ilnd to the Ashland. Hotel. Fountains would later be added at the library, and on the Plaza. at the heart of the downtown Ashland (Ashland Daily Tidings, August 3, 1961, p. 5, col. 1-5). York was completed in Deceinber of 1915. On the Fourth of July of the following year, Lithia P~rk was dedicated. 0' Harra (1986: 88) describes the dedication as "a gala, three-day event. Health-giving lithia. sulphur and soda water bubbled from three mineral fountainn. " The. Ashland Tidings reported in December of 1914 (December 31, 1914, p. 1, col. 1-4) that: r ' I t I . Tourist hotels, "apartmen~ houses and a water .cure sanitorium under scientific medical direction are being planne<l and will be constructe.d durin!~ this year. Plans are being drawn for the. finest water temple in Americ~a - a work of art and beauty - and the park is ,being worked out. for the entertainment of great crowds. I~ is hoped .to [soon] have t:he resort: ready for 'Visitors. . . ! I [ 1 U Th~ s~e article proclaimed the" healthful benefits of drinking and bathing in the mineI~l waters. These extravagant cla.1mB had been made by the commercial bottlers of Lithia Water, and included. stat~nts that it was effective.in the treatment of digestive problems, arthritisapd rheumatism, a,s well as renal, cardiac, and skin disorders. Bert Greer wrote that people came from afar to seek rel:Lef in Ashland's waters, .. . . . and in, every case the wat.et;s. proY8.d beneficial." He predicted that tourists would flock to Ashland (ibid.). q These ambitious pre~ictions failed to materialize. W~rld War I. diverted Ashland' II attention and money. The civic spirlt:that had supported the Springs . I~evelopment Proj ect was channeled into the Red Cross and the Ho.e Guard (O"llarra 1986:103-107). In addition, tourism dropped as travel restricti:ons were imposed by the government (Mahar 1963: 323) . Afeel;' these tra'Vel. .rElstrictions were lifted" in 1919, tourists did come to Ashland. __ though~ in smaller numbers than .predicted -- encouraged by the improvements in the Pacif:lc Highway in 1919 (0' Harra 1986: 111) . : I I , I Ashland's business leaders realized that outside capital was needed to develop the mineral springs as a resort attraction. They attempted to interest New York millionaire Jesse Winb'-1rn. in the project," and Winburn did. .take out an option on the springs property. His agent, Benjamin Rlpin, c~e to Ashland in 1921, and in a meeting at the First National Bank, offered that Winburn would bottle and advertise the Lithia water "in a big way,. investing $100,000 in the projec:t, "if. Ashland would match .the investment. No agreement was reached. When Winburn arrived in Ashland himself, he dropped his op,tion on the Springs tracts, a~J well as his purchase of the A~hland Hotel, which he had promised to develop a.s part of a. resort complex. Harry Silver, the original. Lithia Springs d.eveloper, wrote that Winburn told hi~ that ".., he had found his ; " associate~;dlshonestwith him" (Silver Family Papersn.~,: 18), '" 21 Regional historian Marjorie O'Harra (1986:114) wrote that: , After lJinburn's initial' interest' in revitalizing the health spa idea little or no more effort was put into promoting Lithia water. In the post';'war period of prosperity, people who frequented mineral watei. resorts for health purposes wanted scientific treatment prescribed by medical specialists. Ashland was a long way from population centers and large- sums of money would be required to develop the mineral sp1rings enough to attract these people. During the Depression which followed the- post-war period, the Silver family was unable to make their mineral water bottling business or their carbonic gas extraction plant profitable. In 1929', foreclosure on the springs property was undertaken by the Banking Department of the State of Oregon on behalf of' the closed Citizens Bank of Ashland. Sale of the Silver property was arranged with thai City of- Ashland, which already owned the adjoining City Springs propertY'aequired from the Murphy's (Silver Family Papers-n.d~:7). While the City Springs property remained -a popular picnic area for area residents who enjoyed visiting the springs (Figure 7), the interest in Lithia water itself waned. Maintenance of the pipes carrying the mineral waters to the City and the fountains became a problem. The caustic mineral waters corroded the copper staples holding together the pipes. The wooden pipes had to be replaced with cast iron pipes. The City decided to replace ~I)nly the Lithl,a water pipes, and cap off the - sulphur and soda springs. Gradually, the fountains in town were 'either taken out or left to deteriorate (Ashland Daily Tidings, August 3, 1961, p. 5, col. 1-5). Eventually only the Plaza fountain arid the fountain in the Park remained. ' In 1944, the Dry Ice Corporation of Klickitat, lJashington, leased fou.r acres of the property - for manufac'ture of dry ice from the carbon - dio)l:ide' gas_ extracted from the Lithia water. Blocks of dry ice were sold to the 'railroad for refrigeration of dairy products and produce. The ,company ope]~ated in Ashland for fifteen years, until, refrigeration cars were developed (Ashland Daily Tidings, February 9, 1968, p. 3 ,col. '5; Appendix D). Ashland r,esidents complain~d that during thi's period the Lithia water' piped into the caty did not have-"the proper .charge- as th,e carbonic -ac,id gaS was being extra,cted for the dry -ice (Appendix F). In the early 1960s, the'deteriorating quality of the Lithia water coming from the City Springs along' Emigrant Creek _ caused the City to cap that "ell and begin pumping Lithia water into town from an existing well near the .original spring. That well continues to supply Lithia lJater to AShland (AI Alsing, personal communication, 1987). In 1968, the City of Ashland entered into an agreement with - the Ashll:md Park and Recreation Commission, for the Commission to lease the - Lithia Springs Tract for recreation purposes including an archery range, picnicking, 'camp~ng, fishing, and group meetings. To date, the maj or use has been by the Ashland Gun Club, which has a rifle range on the property (City Contract, May '21, 1968, on file in Ashland Department of Public lJorks; Development plans for Lithia Springs Area, November 6, 1969, on file in Ashland Parks Departllllent). 22 -) r r I ' l l i 1 i 1 i r I ; 11 I : I i I r f I I r i l 1 r I i ~ t . } T i I Figure 7 . The City Springs Pumphouse and Steel Bridge over Emigrant Creek. Photograph courtesy of the Southern Oregon Historical Society. Although-Ashland dld not prosper asa health resort; the promotion of the Lithia Springs was directly connected with the development of Lithia Park, the Lithia water fountains. and the Lithia Springs Hotel. now known as the Mark Antony H011:el. Since 1915. visitors to Ashland remember drinking the salty. fizzywatElr piped into town from the Lithia- Springs site. In 1982. the Lithia water - fO\lLDtain on the Ashland Plaza was - designated as - an American Water Landmark by the American Waterworks Association. { J SURVEY RESULTS The cultural resource survey of the Winburn Camp and Lithia Springs properties documented three historic sites, two of which (Ashland Survey Winburn Property (ASWP] #1 and ASWP /12) are on the Winburn Camp property, while site Ashland Survey Lithia Springs (ASLS) /11 is on the Lithia Springs property. I f J 23 east of the road to Winburn Camp, (approximately one quarter of a mile north of the Winburn Cabin Site), con~ists of approximat~ly 100 Cans (i.ncluding canned milk and lard, cans), a stoneware enamel pan, a plain whitewa.rei ceramic cup and plate, 'stovep;lpe, individual bed springs;' an~ stove parts. The dump is not in a pit;; the site covers approximately'12 m. Al;hough not directly associated with the Winburn Cabtn Site, the' derisityo(, the garbage suggests that this site may reflect; disposal during use of the Winburn Cabin Site. Also located on the Winburn Camp, property is a trail whichbeginsl at the Winburn Cabin Sit~ and traverses through the southern pot'tionof: the property (Figure 1). Although this trail was . not~vident in the area"of the Winburn Cabin Site, it.was plainly vis i1;> le south of W,easel Cre~k, where the trail had been cut into' the steep slopes . The . trail is n:~:t maintained (falbn trees cross the path), bu~ does appear to still be used. Brown,aircle-type insulators and" ae,ctions, "oftelephone wlreare vi,sil:>le along thEI trail. According to LaLande (personal coDQJiUn!cation, 1987), thfstrail first appears on Forest Service maps, in 1908, 'and thus pre':'dates:---Forest Service construction. 'The trail was.,p~obabl:J ~.ocallyd,~velope~ to. provide all:CeSS to Wagner Butte. and>. l'nto the Litt;Le'Applegate River drainage. The trail continues to be, shoWn on Forest Service mapsthro~gh the years, aIltd a map dated 1922 ,shows a telephone line to the lookout built. 'on WagiierButtlB during the World War I era.. A map 'dated 1963 no longer $boWS the telephone line, although maps to the present time continue to show the trail locaticln. The trail is designated by the Forest Service as Number 965. LITHIA SPRINGS PROPERTY Site ASLS 11, 28 acres in size, includes 14 features which reflect various stages of, use of the Lithia Springs property (except for the current: use by the Ashland Gun Club). The site is located in the SEI( of the SEI( of Section 12, T39S, R1E, W, and the SWI(, of the S~ 'of Section 7, T39S~ R2E, WH, mostly on the alluvial terrace (FigUre 2). This site was difficult to reco~d because of the amount of alteration to the property that has taken place s:l.nce the first Euro-American development in 1907, and because of the tremendow; amount of debris scattered across the terrace. The 14 features w~ recorded rt~present the major features found on the property; Figure 12 illustrates the locatIon of each feature (also shown are wells drilled by the City). Feature 1 is a historic garbage dump ~ituated adjacent to Emigrant Crt~ek, and beside a large rock outcrop (Figure 12). The dump is fairly extet:LSive in density and size; it measures approximately 20x2 m, with. hundreds (llf items present. The site apparently is still periodically used, as alumi,num' and plastic items are cOlDllon. The site has been looted, as small bottles have been pulled from the dump and aligned on the rock outcrop. Features 2, 3, and 10 are similar to each other in appearance. These features are concrete monoliths, measuring l30x130 cm and approximately fow:' meters high, with three holes located in t~e sides. . One side has two holes: one 15 cm in diameter located 20 cm above t~e ground, and the other seven cen1::imeters in diameter, approximately three meters above the ground. The oppositt~ side 28 t f ~ . E ~ ~~.~ ~ eno Z 00 ~ Idld VI en 0 en en (!) III .... z ~ wid - -(\I I:t:. .. n. 0 0: 0:: Z .... en '. <( en G) A.JG)G) "'" J: ",,,, - CI) . . ~ <( 1-1- - . \ .J (, ci ., ., q on o N .0 " ... '" '" o o '!.. Cl .... '" .O'O~OI . HJ.lION 1/ '" '" 01 III it III VI il ~ o <( :> o o 2: <( .J 1: " of .., .. ... u .. .... u .. IS ,..:-.; ..... "'g, ::u S.:l .-8 ~~ ..., '. "'1'~ .. .. ,,"u "''' .. ...., ...." ~fi . . -B.:: "ciS ir: .. ~1 '" ... ii .... r.. has a hole identical to the seven centimeter hole, but does not hnve the lower hole. . All have bolts pr bolt holes around the circumference. According to Silvers (Appendix D); these features were associ~t;ed with the production of C02 for the Liquid C~rbonic Company prior to 1929. . . I I I i , 1 Enclosed concrete strpc.tures measuring 130x360 Cll, and .50 cm high, comprise features 4,. 5, and 8 ;~ea:~ures4and 8 have partially collapsed. si.des or tops, revealing that the inslde is hollow, with concrete baffles extending 'partially across the structure. from alternating sides. These. features ptobably served the same purpose as features 2, 3, and ,10. Feature 5 also .includes the pump (currently in use) which pumps Lithia Vater to the City of Ashland; the pump and conc;a:'ete structure are adjacent to each other. Feature 6.1s. the concrete foundation of~e: f~e fS:ctory, which "a:s built in 1944. The fQUndation meas~es 10.7x12.2.m. This. feature is located on a low bench above ~nd overlook~ng....;...the'" .alluvial terrace. . . , 1 I i I , I i ~ r i i ( 1 ! i \ i Feature. 7 is an angular.'c(>ricretewatl, measurIng 11.7x9.9 m long and approximately one meterh.ig,h;,tl1e, wall is formed by ~o straight sections meeting. at an angle of approximately 150... . Bud SlIVers. states tha'l:. this was a retaining wall built by :his . grandfather (HarrySf.lv~rs)to d~VE~rt Emigrant Creek and expose Lithia Sp~iiigs; this wall. also suppor,ted the Dot.tling works structure (Appendix D). . r I : I i l. Feature 9 and 11 are both flat concrete slabs; Feature 9 measures 9 .lx6.l m (and appears to be of relatively recent vint~ge). while Feature 11 measures 11. 3x9 ~ 1 m. I f I 1 I ! I I The remains of the . .Pompadour Chief. constitutes .Feature 12. ..This is a concrete subterranean bathhouse-type struc~e, with. 'steps leading. down into the Lithia Water. No superstructure remaf.ns. The feature is divicled. -into. two rooms, separated, by a. door and a low window; the top o~the windo,r is arched. and the words ..Pompadour .Chief. are carved into .the arch (Figt,ire .13). This feature measures 9.7x4.8 m. . , r . Feature 13. 1-8 a rock pile measuring approximately 3x4 .m~;and ..~.O cm high, located in.:,.a shallow. draw. on the hill~ide approxima~ely. 30m i'n elevation above the a1.1uviatterr~~e. '.~e roc~9tb~ve no~ been piled..19ng, as lic1ie~ are still ~viden~ unde.,~. ,"ome_of tlie rocks. .'. . . . . .. . .. , Feature 14 ..cons~sts ,:..~f .a. .:steel..:...b~i<lge . across Emigrant. Creek. a concrete pumphouse, 4nd a retaining wall : (F4.::gure .:14) . The steel bridge, 1.5,. m wide and approxlmately..3~) m ~png, .allQwe~ pe<lestrian. traffic across Emigrant: Creek; the wooden footpath across, the. hridge;no 1o.~ger remains. The concrete, pumphouse, situated adjacent~o... the..b.r.'idg~:' 4~d immediately. south o,fEmig]~ant Creek, measures 4x4 m... 1:hi.,s sttucture. has'.. One door (~acing s.outh)~. an4. no windows. The featur~."area lias. been built..up:~y. fill, Which 1s ,held in place by a retaining wall. This wall. is most e...ric1ent along Emigtarit .Creek" where the wall prevents erosion of.the teature. area~ 'A concrete stalrway leads down to the creek (through the retaining wall) just east of the pumphouse. According to Bud Silvers, (Appendix D), this is the location of the Gity Spring originally on the Murphy property. The. pumphouse supplied the Lithia Vater to 30 Figure 13. The Pompadour Chief as it Appears in 1987. View to the North. Figure 14. The City Springs Pumphouse, Steel Bridge over Emigrant Creek, and RE!taining Wall; View to the East. . 31 "\ the various fountains in Ashland. The fill was added to keep the area above Emigrant Greek. f I I , ! : No prehistoric: archaeological sites were located during the sU~ley of either property. A cryptocrystalline silica (CCS) flake was observed Ion the Lithia Spring property, but clo,se inspection of the immediately surrounding area failed to reveal any other evidence of a site. This isolat~d flake was just above a road cut; it is possible that the flake was brought in with road gravels. A second CCS chunk with slightly rounded edges was observed in alluvial gravels; this chunks appears to have washed in with the other alluvially deposited rock. i 1 -1 Given the historically reported aboriginal use of mineral springs in the area, and ,the reported recovery of a prehistoric artifact at "the spritlLgs,1;>>y a city worker, it was: anticipated prior to beginning the survey". that St pr~hl.storic site would be located in this area. Therea,re, two possi,ble reasons for failure to obserVe such a site. Fir~t, the site may not have a.ctuaily been used ' aboriginally, althe>>ughthe recovery of the large prehistoric, blade ~ould appear to refute this idea (it is possible, however" that aboriginal use of the area was so light that there remains little evidence): Second (and mOlJt plausible), the historic fill over the alluvial terrace may have covered,any site manifes'tations. This possibility is supported by the recc)very of the artifact by the city worker, who found the blade within a trench. If this is the cas'e, a buried site may exist. ,Due to the rugged terrain and poor surface vls~bility, there, was a low likelihood of di~covering a prehistoric site on the Winburn Cab:ln property'. Given the presence of prehistoric sites in the SUrro4n4ing area, the Winburn Camp property "may have, been aboriginally utiliz~d for hunting and gathering, but such activities leave, 'little evidence of use., Because of the steep slopes, the only area suitable for, occupation was. the ,terrace area at the confluence of Weasel Creek and the West Fork of Ashland Creek; this" area was closely scrutinized (particularly all root thr~ws ,and the open m<<!adow area), and no site observed. I I l f' i r ( : I , RECO~ATIONS I I The purpose of this project was to provide info~tion allowing the City ~f Ashland to manage the cultUr~l resources on the Winburn Camp, and Lithia Sprbigs ,properties; the management plan for any particular cultural resource depends ,to a great exte1l.t on' the significance of the -'resolurce., The significance of a' cultural resource is usually measured against t~e criteria for the National Register of Historic Places (hereafter referred to as, the National Register), as defined in the Code of Federal Regulations (36CFR60.4). These criteria are as follows: ...., The quality of significance in American history, archi tectu1;'e, archeology, engineering" and cultUre is present in distric.~s" sites, buildings, structures, and objects that possesses integrity of 'location, design, setting, matertals, workmanship, feeling, and association and 32 j (a) that are associated with events that made a broad significant contribution to the brQad patterns of our history, or (b) that are associat4!d with the lives of persons significant in our past, or (c) that embody the distinctive characteristics of a type, period, or method of const]~ction, or that represent the work of a master, or that possess high. artistic values, or that represent a significant and . . distingubhab1e entity whose components may lack individual distinction, or (d) th~t have yielded, or may be likely to yield, information important: in prehistory or history (Federal Register, Vol. 4.6, No. 220). When judged against these criteria, there can be little doubt that the Lithia Springs Sitei (ASLS #1) contains features which make the site eligible for the National REigister, particularly under criterion (a). The development of Lithia Springs was very instrumental in the development of tourism in the Gity of Ashland, as discussed above. Although subsequent developments on the property have had an impact on the integrirty of the'site, the Pompadour Chief (Feature 12), the City Springs pumphouse and as.sociated . steel bridge and retaining wSL11 (Feature 14), and t;he angular concrete retaining wall whieh once diverteld Emigrant Creek to expose Lithia Springs (Feature 7), are all very import~mt. aspects of development of Lithia Springs, and all possess integrity of location, design, setting, feeling, and association. It is therefore our recommendation that the Lii:hia Springs Sit'e (ASLS ill) be nominated to the National Register, and that the site be managed in such a way as to protect: this valuable cultural resource. One relatively inexpensive way to manage th.e property and to .preserve the hbtorical integrity of the site would be for the CitY to develop. the area as a day-use park (as it was_ used earlier in the .hlstory. of the City), with the hiStory of the park as the theme, and interpretive signs used to convey this theme to the public ~ The current use elf the property by the Ashland Gun Club is a seriouS threat to the integrity of the site, as all of the features exhibit scars from bullets,. and some feature~1 have b~en seriously scarred. Ve therefore recommend that this use of the U.thia Springs property be discontinued as soon as possible. Although no prehistoric site was found on- the property, the reported aboriginal 1~se of mineral springs in the area, and the recovery of a prehistoric nrtifact by a former city worker indicates that i.t is probable that a prehi~ltoric site is present. However, if a site is present, the fill which has been brought into the area has covered the site, and while this fill makes it impossible to determine if a: site is present, it also serves. to protect any tilites. If, however, subsurface construction activities (such as trenching) are undertaken by the City, a site. may be disturbed. We therefore recommend thSLt, prior .to any construction requiring subsurface disturbance, the City use one of two options: (1) hire a professional archaeologist to monitor the l!lubsurface disturbance; or (2) hire a professional archaeologist to test-exca~ate the area to be impacted, in order to determine if a site will be impacted. The signiflcsLnce of the Vinburn Cabin Site (ASWP #1) in relation to the National Regi:stercriteria is not as clear as the Lithia Springs Site, and it appears to us that the Winburn Cabin Site would, at best,.be a weak candidate 33 ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: Don Robertson Director Diane Amarotico JoAnne Eggers Michael Gardiner Jim Lewis Rich Rosenthal TEL.: (541 ) 488-5340 FAX: (541) 488-5314 MEMORANDUM TO Ashland Parks and Recreation Commission Don Robertson, Director @:B FROM DATE February 18,2004 SUBJECT Contract Renewal for Lithia Artisan's Market Action Requesteq Provide Staff direction - either extend use permit and servIce contract fiJr Calle Guanajuato Lithia Artisan's Market, or deny extension. Background The Calle Guanajuato Marketplace has been functioning since the mid-1990s. Managed by the Lithia Arts Guild of Oregon, Incorporated, the Marketplace provides space for local artisans to display and sell their work. The market runs from May through October and operates on weekends only. Hours of operations are 10:00 AM through 6:00 PM on Saturdays, and from 11 :00 AM through 5 :00 PM on Sundays. A fee of 2.5% of gross market vendor sales is charged monthly for use of the space. Staff recommends approval of the use permit and service contract for the Calle Guanajuato Marketplace for the five-year period ending October 31, 2008. Home of Famous Lithia Park Dtbi# J[rtS (iulld I?9P eJ#Fnufl CulfIVC www.UthiaArtsG-uitd.org Box 3194 ~Ashland OR 97520 Contract Renewal 2004 February 16, 2004 In the four years since I last came before the Parks Commission to request the renewal of our contract, much has changE~d on Calle Guanajuato. After enduring another season "under construction" in 2000, 2001 was a combination of relief and joy as we returned to a restored, remodeled and renewed Calle. With the completion of Phase I of the Calle Guanajuato Restoration, the Market has enjoyed ever greater success. Last season (2003) was a banner year for the Market, sales were at an all time high, as the Market filled with artisans offering quality products in a festive environment. These chal'lges have allowed a stability to settle over the Market that has given the Artisan Community the opportunity to mature. Signs of that maturity have been the friendships that have grown out of the Market and the air of happi- ness and conviviality that pervades even slow days. Further signs of maturity have been the willingness to reach out beyond the Artisan Community to communicate with the larger world and effi~ct positive change where we can. Our first step was to commission a web presence at www.LithiaArtisansMarket.com. Next the com- munity decided to take the 10% we usually collect at our Christmas Festival, to help defer expenses, and donate it to charitable organizations. Each year (since 2001) 50% of our donation has gone to Formacion de laJoven Guanajuatense, a home for girls in our sister city Guanajuato, Mexico. The other 50% has gone to a different local ol"ganization each year: The Grove in 2001, Access Food Share iln 2002 and Dunn House in 2003. Last year (2003) we were able to split $4,000 between the girl's home inl Guanajuato and Dunn House. Our largest undertaking in the last four years was to raise funds for Phase II of the Calle Gua- najuato Restoration Project: completion of the Sculpture Garden, Gathering Area and Connecting Stair from Granite Street. Due in large part, to the efforts of Deanne Ragnell, we were able to raise $16,000 for the project. To date, $13,000 has been donated for the Gathering Area, with the final $3,000 slated to be given in support of the Sculpture Garden. Lithia Arts Guild and the Lithia Artisans Market appreciates our relationship with Parks and all it has done for the Artisans Community. We look forward to working with Parks in the future on projects that are currently on the table, and projects that have yet to be foreseen. I ask that you renew our con- tract for another 3 to 5 years, so that we may continue to build a strong Artisans Market that is a cultural asset to the Ashland Community. /~~ Sincerely, y \ ~\7\ ~~,,\ ), ( James Royce Yo ! chair, Lithia Arts G . ._____~ "-" '" ".;'..,~ :~.;.~~~ 2001-2003 CALLE GUANAJUATO MARKETPLACE USE PERMIT & SERVICE CONTRACT The Ashland Parks and Recreation Commission may from time to time grant to a marketplace promoter, i.e. operator, through a use permit and service contract, the right to use and occupy, under the terms set forth below that portion of Calle Guanajuato designated by the Ashland Parks and Recreation Commission. The use under this permit and contract shall be for the sole purpose of sale by vendors selected by the Marketplace promoter which is created and handcrafted by the market vendors and which meet the Calle Guanajuato Marketplace Promoter's Guidelines, including the right to erect on Marketplace space a structure to protect and display such merchandise. I. INDEMNIFICATION: The Calle Guanajuato Marketplace promoter shall defend, indemnify and hold the City of Ashland and the Ashland Parks and Recreation Commission, their officers,' agents and employees harmless from and against all losses, claims, actions, liabilities, costs, judgments, or other damages to any Marketplace vendor, participant or other person of whatso~ver nature, or in any way related to this permit and contract, the operation of the Marketplace, or other agents, officers and contractors arising out of or incident to this use permit and service contract. In the event any such action or claim i13 brought against the City and the Commission, the Marketplace shall, if the City and the Commission so elects and upon tender by the City and the Commission, defend the same at the Marketplace promoter's sole cost and expense, promptly satisfy any judgment adverse to the City and the Commission or to the City and the Commission, and the Marketplace, jointly, and reimburse the City and the Commission for any loss, cost damage or expense, including attorney fees, suffered or incurred by the City and the Commission. The Marketplace is not required to indemnify the City and the Commission for damages caused Elolely by the negligence of the City and the Commission, their officers, agents, or employees. II. INSURANCE: The Calle Guanajuato Marketplace promoter shall, at its own "expense, at all times during the duration of this use permit and service contract, maintain in force the insurance coverages specified as follows: a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this use permit and service contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability policy including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrences (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for 2001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT bodily injury and $100,000 per Occurrence for property damage. Each policy shall contain a contractual liability endorsement to cover the Marketplace's indemnification obligations under this use permit and service contract. Certificates of insurance acceptable to the Ashland Parks and Recreation Commission shall be filed with the Commission prior to the commencement of any activiti.es by the Calle Guanajuato Marketplace promoter under this use permit and service contract, and at any time thereafter during the duration of this permit and contract when any insurance policy required by these provisions is renewed or renegotiated. Written verification shall be required of the Marketplace promoter to provide documentation that the insurance policy is in effect. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Oregon and shall contain an endorsement entitling the City and the Commission to not less than 30 days' prior written notice of any material change, non-renewal or cancellation. The City of Ashland and the ~~shland Parks and Recreation Commission, its officers, employees and agents shall be named as additional insureds, in a form satisfactory to the City and the Commission, and expressly providin9 that the interest of the City and the Commission shall no.t be affected by the Marketplace's breach of each policy's provisions. In the event the statutory limit of liability of a public body for clai~~s arising out of a single accident or occurrence is increased above the combined single limit coverage requirements specified, City and Commission. coverages to the statutory limit for such claims and to increase the aggregate coverage to twice the amount of the statutory limit. The adequacy of all insurance required by these provisions shall be subject to approval by the City's Risk Manager. Failure to maintain any insurance coverage required by this permit and contract shall be cause for immediate termination of this agreement by the City of Ashland and the Ashland Parks and Recreation Commission. III. SPECIAL TERMS ARE AS FOLLOWS: A. MARKETPLACE FEES: The Marketplace promoter will pay to the Ashland Parks and Recreation Commission a 2.5 percent fee of all Calle Guanajuato Marketplace monthly vendor gross sales receipts to be paid by the 10th. working day of each month. This will be for a three (3) year use permit & service contract with the duration beginning each May 1 and . concluding each October 31 for the following years: 2001, 2002, 2003. B. BOOTH FEES: Each Calle Guanajuato Marketplace vendor may use and occupy a market space designated by the Marketplace promoter and allocated by the Ashland Parks and Recreation Commission as llseable market space on Calle Guanajuato and CALLE\MKTPL 01.03 PAGE 2 OF 9 2001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT agrees to furnish everything necessary for its marketing ventures. For actual booth space use on Calle Guanajuato, each vendor shall refer solely to the Calle Guanajuato Marketplace promoter for site determination and payment. The Marketplace promoter retains all booth fees and all rights to booth fee price setting. C. APPLICATION FORM and REGISTRATION/JURY FEES: Each Marketplace vendor will be required to complete and sign a Calle Guanajuato Marketplace application form with the Marketplace promoter. At the time the application is submitted a (current) registration fee and current non- refundable jury fee will both be collected by the Marketplace promoter in the form of two (2) separatE! checks. Both of these fee charges are set and retained by the Marketplace promoter. An individual vendor application form will be kept on file by the Marketplace promoter for the duration of this market.season which shall be available to the Ashland Parks and Rec~eation Commission upon request. D. GROSS RECEIPTS: The Calle Guanajuato Marketplace promoter shall maintain and keep proper account books, records and other papers pertaining. to Marketplace gross receipts per season. All Marketplace promoter books, records and other papers shall be held available at a location reasonalbly accessible to the Ashland Parks and Recreation Commission, who may in turn inspect these during reasonable timel3 to . verify promoter's and/or vendors' gross sales receipts. For each Marketplace day hereafter that the Ashland Parks and Recreation Commission grants use of a Calle Guanajuato market space to the Calle Guanajuato Marketplace pro~~oter, the terms of this permit and contrac!;: shall be effective. The Ashland Parks and Recreation Commission shall have no obligation to hereafter grant such a use permit and f:lervice contract. E. THE FOLLOWING ,SHALL IN ALL CASES BE BINDING UPON THE PARTIES: 1. This use permit and service contract is valid only for three (3) Saturday/Sunday market seasons beginning each May 1 and ending each October 31 for the years 1997-1999. Any default by the Calle Guanajuato Marketplace promoter and/or vendor(s) of this use permit and service contract shall be cause for revocation of the use permit and service contract by the Ashland Parks and Recreation Commission. CALLE\MKTPL 01.03 PAGE 3 OF 9 2001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT 2. The Ashland promoter shall not assign, sublease or in any way transfer the use permit and service contract; any attempt to do so shall result in the immediate termination of this use permit and service contract by the Ashland Parks and Recreation Commission. 3. The federal and special statues or ordinances regarding public health, safety and welfare, and use the Calle Guanajuato market space in a reasonable and non-offensive manner subject to the policies and rules of the Ashland Parks and Recreation Commission in effect on date of use. 4. The Calle Guanajuato Marketplace shall be operated in accordance with the Marketplace Promoter's Proposal and Marketplace (promoter's) Vendor's Information Handbook submitted to and approved by the Ashland Parks and Recreation Commission prior to any confirmation of this use permit and service contract. 5. The Calle Guanajuato promoter (vendors) shall not set up booths, tables and/or other mechanisms for selling prior to 8:00 a.m. during the designated market season(s). This time will be strictly enforced and any deviation and/or violation may result in immediate cancellation of the use permit and/or market vendor's space allocation. The Marketplace day will conclude at 7:00 p.m. Selling hours will be: Sat. 10 a.m. - 6 p.m. Sun. 11 a.m. - 5 p.m. 6. The Calle Guanajuato ~arketplace promoter may allow each market vendor to construct a structure in accordance with size~ and safety specifications as found in the Calle Guanajuato Marketplace (promoter's) Vendor Information Hand~ook. All booths shall be kept neat with tables covered and boxes out of sight. The Marketplace promoter shall, at all times, ensure that such structures shall not encroach upon or obstruct public walkways or open space areas while maintaining a clear 12-foot pathway for emergency vehicles as approved by the City of Ashland fire chief. Each fire hydrant shall have a clear, unobstructed space maintained around it as required for fire safety. The Marketplace promoter shall further have available such fire extinguishers as determined by the fire chief. All market vendors shall also abide by the "no smoking" rules near Calle buildings and within market booths vicinities. The JVIarketplace promoter shall promptly see to the removal of any offensive structure upon request of the Ashland Parks and Recreation Commission. Any violation of these fire and structure safety requirements may result in immediate cancellation of the Use permit and service contract, and/or market vendor's space allocation. The Marketplace promoter CALLE\MKTPL 01.03 2001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT and market vendors shall be required to meet, annually, with the City of Ashland Fire Department in order to identify and coordinate fire safety regulations for the market on Calle Guanajuato. 7. The Calle Guanajuato Marketplace promoter shall not allow market vendors. to use any bottled gas, electrical devices, or hazardous materials without prior approval by the Ashland Parks and Recreation Commission. Permission shall also be obtained from the Commission prior to any type of sign and/or marking placed on Calle Guanajuato for market purposes. The Marketplace promoter(vendors) shall not injure or in any way deface Calle Guanajuato premises and shall not cause or permit anything to be done whereby such premises may in any manner be injured or defaced. The Calle Guanajuato Marketplace promoter shall indemnify and hold the Ashland Parks and Recreation Commission harmless from all damages for injury to t~e premises or permitted by the Marketplace promoter. 8. The Ashland Parks and Recreation Commission will issue six (6) Calle Guanajuato Vehicle Access Permits to the Calle Guanajuato Marketplace promoter for market vendors' and/or plaza merchants' use. These vehicle access permits shall be valid only between each May 1 and each October 31 of 1997-99 on the following days and times: 6:30 p.m. to 7:30 p..m. (Sat.) and 5:30 p.m. to 6:30 p.m. (Sun.) Both ingresB and egress for vehicles will be only off Winburn Way. Vehicles will not.enter or exit from the plaza end of Calle Guanajuatoj nor will they extend beyond the area. designated for Marketplace use. The Commission will reserve the right to revoke the vehicle access permits at any time. At no time will the Marketplace promoter, vendors and/or plaza merchants who use a vehicle access permit interfere \\rith the 12-foot path required for emergency vehicles. The Marketplace promoter will be responsible for issuing the vehicle access permits and shall do so in such a manner as not to cause tTaffic congestion nor to disrupt free ~ovement along the 12-foot emergency vehicle pathway. The Marketplace promoter shall also be held accountable for insuring that appropriate pedestrian safety precautions are maintained while vehicles using the access permits are in the area. 9. The Calle Guanajuato Marketplace promoter shall be responsible to see that vendors refrain from utilizing the following prohibited parking locations: Granite Street and Winburn Way. The promoter will also maintain a vehicle license number list of all market vendors which shall be made available to the Commission upon request. CALLE\MKTPL 01.03 T171 r'r"'" r ,-.." r\ 2001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT 10. The Calle Guanajuato Marketplace promoter shall be re:sponsible for designating a person to both monitor and attend to the Calle Guanajuato public restrooms during the hours of market operation. The Marketplace promoter shall advise the Ashland Parks and Recreation Department, in writing, of the designated person's name and hours the person will be on duty. The Marketplace promoter may .fulfill this requirement by requesting the Parks and Recreation Department to perform such services. If so, the promoter shall pay the department by the 10th of the month following the month in which the services were performed. Any problems with the Calle restrooms shall be immediately reported to the Parks and Recreation Department. 11. The Calle Guanajuato Marketplace promoter (and/or promoter's designated representative) shall be held accountable for cleaning and removing all refuse from the Calle Guanajuato Marketplace, including the Calle restrooms~ each day within two (2) hours after the Marketplace closure. Clean-up shall. be done to the standards set by the Commission. Upon failure to properly clean the area, the Commission may utilize Ashland Parks and Recreation Department employees to implement the cleaning. If so, the Marketplace promoter shall pay to the Commission $40 per hour per employee. This pa~neht shall be made to the Ashland Parks and Recreation Department within three (3) days after the Marketplace pronaoter is notified of charges. The Marketplace promoter shall provide refuse receptacles as needed to keep the Calle area in a clean and neat order duri.ng the Marketplace hours of operation, and shall have the refuse collected as soon as possible consistent with norn~l operations of the sanitary service. The Marketplace shall refrain from using any trash receptacles which belong to or are along any of the plaza business establishments. 12. The Calle Guanajuato Marketplace promoter shall operate the Marketplace and cause the market vendors, their assistants and/or family members to operate and interact with plaza business establishments in a manner that will not conflict with access and/or business functions on Calle Guanajuato. 13. The .1\.shland Parks and Recreation Commission assumes no responsibility whatever for any Calle Guanajuato Marketplace property placed.upon Calle Guanajuato premises. The Mark1etplace promoter agrees to indemnify the Ashland Parks and Recreation Commission against all loss and damage to market vendors' property sustained by reason of Occupancy by the market vendors of the premises or any portion hereof. CALLE\MKTPL 01.03 4001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT 14. Should the Calle Guanajuato Marketplace promoter (vendor(s) at any time occupy the premises in a manner contrary to this permit and contract, or any policies and rules of the Ashland Parks and Recreation Commission, or in any manner which is hazardous or offensive to the public, other market vendors, and/or plaza business merchants, upon request of the Commission, the Marketplace promoter (vendor(s) shall immediately cease such conduct. Failure to immediately conform one's conduct as requested shall be cause for revocation of this use permit and service contract, and/or a market vendor's space allocation. Upon revocation, the Marketplace promoter (vendor(s) shall promptly vacate the Calle Guanajuato premises. Upon failure to vacate, the Ashland Parks and Recreation Commission is authorized to remove all Marketplace promoter's and/or market vendor(s) property from the premises at the Marketplace promoter's expense. The Ashland Parks and Recreation Commission is relieved and discharged from all loss of damage occasioned by such removal, and shall not be responsible for sa.fe- keeping of property so removed. 15. Failure or delay of the Ashland Parks and Recreation Commission to require performance of any provision of this permit and contract shall not limit the right to later enforce that or any other provision. 16. In the event of any action to enforce or interpret this use permit and service c'ontract, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees incurred in the proceeding, as set by the court, at trail, on,appeal or upon review. 17. This permit and contract by reference includes the provisions contained within the (current) Calle Guanajuato Marketplace (promoter's) Vendor Information Handbook, the (current) Marketplace Promoter's Proposal and related Ashland Parks and Recreation Commission communication. Such provisions may be periodically revised by the Ashland Parks and Recreation Commission during the Calle Guanajuato Marketplace season. It is the responsibility of the Marketplace promoter to be aware of and comply with all Ashland Parks and Recreation Commission policies and rules. 18. Plaza restaurants shall have sole rights to serve food or edibles of any type whether hot, cold, freshly prepared or packaged and/or beverages on Calle Guanaiuato. No other Plaza business merchant, any commercial establishment and merchant, or 1997-99 Calle Guanajuato Marketplace and/or Calle Guanajuato Marketplace vendor shall be allowed to serve any type of prepared or packaged food or edible and/or beverage on Calle Guanajuato. CALLE\MKTPL 01.03 D1\t--.ro .., r.,-. r. 2001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT That is: It shall be unlawful for any person to sell, offer for sale, expose for sale or solicit offers to purchase any food or edible product of any kind on any portion of Calle Guanajuato except if a person is a plaza restaurant owner and is duly licensed and issued an Ashland Parks and Recreation Commission's restaurant site permit or is an employee of this owner who is duly licensed and has been issued a restaurant site permit in accordance with the "Restaurant Site Permit Agreement" set forth by the Ashland Parks and Recreation Commission. Any person attempting to so without duly being issued a City of J~shland (restaurant) business license and a Commission restaurant site permit shall be required to immediately cease all such activity by the Ashland Parks and Recreation Commission. It should be further clarified that the Ashland Parks and Recreation Commission asks the Calle Guanajuato Marketplace promoter to convey to all Cal~e Guanajuato Marketplace vendors that food, edibles and beverages may be pre-ordered, deli.vered and consumed at Calle Guanajuato with the understanding that all paYments to the solicited, delivering esta.blishment(s) and/or merchant(s) be made outside of Calle's boundaries. IV. INTEGRATION: This use permit and service contract embodies the entire agreement of the parties. There are no promises, conditions or obligations other than those contained herein. This permit and contract shall supersede all prior communications, representations or agreements, either oral or written, between the parties. This permit and contract shall not be amended except in writing, signed by both parties. From time to time the parties may choose by mutual consent to modify the contract. Such modification will be made by addenda which will become a part of the agreement the same as though it had been an original part of the agreement. Such addenda shall be dated and signed by both parties and attached to the original agreement. V. INTERPRET~\TION: This use permit and service contract shall be governed by and interpreted in accordance with the laws of the state of Oregon. The parties to this permit and contract do not intend to confer on any third party any rights under this contract. VI. TERMINATION: Notwithstanding any other provlslon hereof to the contrary, this use permit and service contract may be terminated as follows: A. The parties, by mutual written agreement, may terminate this use permit and service contract at any time. CALLE\MKTPL 01.03 2001-03 CALLE GUANAJUATO MARKETPLACE USE PERMIT/SERVICE CONTRACT B. Either party may terminate the agreement by written notice personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: Commission: Ashland Parks and Recreation Commission 340 South Pioneer Street Ashland, Oregon 97520 Marketplace: Lithia Arts Guild of Oregon, Incorporated 1102 Holton Rd. Talent, Oregon 97540 or such other address as either party m~y provide to the other by notice given in accordance with this provision. C. The Commission or Marketplace promoter may terminate! this permit and contract at any time or for any reason upon not less than 60 days written notice pursuant to paragra.ph VI B, in advance of the termination date. D. Upon termination of this use permit and service contract, the Calle Guanajuato Marketplace promoter shall yield up the Calle Guanajuato Marketplace site in as good order and condition as when the same was first allocated to the Marketplace promoter. VII. EFFECTIVE DATE: The effective date of this Calle Guanajuato use permit and service contract shall be the latest date of signature by the parties. By signing below, the Calle Guanajuato Marketplace promoter agrees to the terms set forth above by the Ashland Parks and Recreation Commission. ASHLAND PARKS AND RECREATION COMMISSION CALLE GUANAJUATO MARKETPLACE PROMOTER By: . (Signature) By: (Signature) (Print or type name) (Print or type name) Title: Title: Date: Date: rr.f.T.l"\MK'T'PT. ()l "., 2001 - 2003 CALLE GUANAJUATO MARKETPLACE USE PERMIT & SERVICE CONTRACT ADDENDUM I PERFORMING ARTISTS This contract is amended to allow performing artists to participate in marketplace activities per guidelines set forth in this agreement and by the marketplace promoter. That is, the second sentence in the initial paragraph of the Use Permi t &: Service Contract agreement shall be amended to read: . The use under this permit and contract shall be for the sole purpose of sale items which are created and handcrafted by vendors or perEor.ming artists selected by the Marketplace promoter which meet the Calle Guanajuato Marketplace Promoter's Guidelines including the right to erect on marketplace space a structure to protect and display such merchandise. Prior to the addendum going into effect, the marketplace promote~ will submit to the Commission an updated VENDOR HANDBOOK which will include guidelines for performing artists participating in the markl~tplace. ASHLAND !)ARKS AND RECREATION COMMISSION CALLE GUANAJUATO MARKETPLACE PROMOTER By: (Signature) By: (Signature) (Print or type name) (Print or type name) Title: Title: Date: Date: CALLE\MKTPL 01.03 City of Ashland PARKS AND RECREATION COMMISSION Trail Master Plan Committee Minutes January 29, 2004 ATTENDANCE Present: Ashland Parks and Recreation Commissioners Jim Lewis and Diane Amarotic:o; AWTA Board Member and Interim Committee Chair Scott Kurtz; City Council Member Chris Hearn; Citizen Committee members Jim McGinnis and Bob Altaras; Ashland Parks and Recreation staff members Don Robertson, Steve Gies, and Jeff McFarland Absent: AWTA Board Member Kim Marie Murphy; National Park Service employee AI,ex Stone; City of Ashland Planning Director John McLaughlin Secretary: Susan Dyssegard CALL TO ORDER Interim Chair Kurtz called the meeting to order at 1:00 PM at the Parks Office, 340 S. Pioneer Street, Ashland, OR. APPROVAL OF MINUTES Councilor Hearn asked that the minutes be corrected to reflect that he is the appointed City Council Liaison to the Trail Master Plan Committee and his attendance at the meetings is a result of that appointment, not his membership in the A WT A. . Interim Chair Kurtz asked for approval of the minutes, with the exception of the incomplete mission statement. MOTION: Parks Commissioner Lewis made a motion to approve the minutes as corrected. Councilor Hearn seconded the motion. By consensus, the minutes were approved as corrected. FINALIZATION OF THE COMMITTEE'S MISSION STATEMENT The committee reviewed the draft mission statement, which reads: .The mission of the group is to develop a Trail Master Plan for the City of Ashland, which will include both public trails and privat1e easements. The trails will be used by pedestrians and non-motorized vehicles, and will provide connectivity between neighborhoods and to the downtown, as well as to the watershed and the Bear Cmek Greenway. In addition, they will be used for recreational purposes and as part of the City's overall transportation system: Citizen member McGinnis asked whether a .vision statement" exists for a trails system in Ashland. Parks Commissioner Lewis stated that the Ashland Parks and Recreation Commission has a plan that contains a list of approved parks and proposed parks as well as approved trails and proposed traiils. Both staff and Parks Commissioner Lewis agreed to provide committee members with the vision statement and the adopted Open Space Plan at the next committee meeting. Interim Chair Kurtz suggested including the term "public participation" in the mission statement. He proposed including the phrase, "The Trail Master Plan will involve community participation from the public to include new potential trails: The group agreed to include that sentence in the statement. They also decided to wait a month to finalize and approve the mission statement, to give committee members additional time for reviewing and revising it. Page 2 of3 Trail Master Plan Committee Minutes - January 29,2004 Ashland Parks and Recreation Commission DISCUSSION ON FINAL PRODUCT The Map Parks Commissioner Lewis referenced the existing Ashland trails map and the adopted Open Space Master Plan. commenting that they would be good starting points for the committee to use in developing a Trail Master Plan for the City of Ashland. The OS plan is a "wish list" of trails and easements in Ashland. The group suggested breaking the OS plan into neighborhoods and researching them in sections. Director Robertson agreed to ask City of Ashland Planning Director John McLaughlin for city maps of trails and easements to include in the plan. The Document to Accompany the Trail Master Plan The committee discussed creating a document to accompany the trail plan. This document would help staff understand standards and guidelines, and also educate the public about trail history and other areas of interest. Topics could include trail history. trail flora and fauna. watershed interface concerns. a management and acquisition plan, partnerships. and recreational use policy creation. The Work Plan and I or the Subcommittees CommittEle members suggested inviting local historians and other experts to volunteer in the creation of the document. Interim Chair Kurtz agreed to ask a Native Plant Society member for assistance; Parks Commissioner Lewis will ask a Historical Society member; and Councilor Hearn will request assistance from an AWTA Board member. Citizen member McGinnis agreed to write a draft mock-up of the document. The topic "Discussion on Final Product" and its sub-topics will appear on the February 19 agenda for further consideration. GENERAL DISClJSSION OF THE PUBLIC PROCESS The committee discussed the public participation process for creating the Trail Master Plan. In response to some qUElstions about the city policy regarding the acquisition of land for trails, Director Robertson offered to research the policy for land acquisition in Ashland. The group agreed to again place the public process discussion on the agenda for the February 19 meeting. COMMITTEE TIMELlNE Interim Chair Kurtz reported that Alex Stone of the National Park Service provided him with a draft timeline for the p~oject. and he shared it with the committee members. The committee expects to complete the project within 12 months. APPOINTMENT OF PERMANENT COMMITTEE CHAIR Interim Chair Kurtz expressed his interest in serving as permanent Chair. MOTION: Parks Commissioner Lewis made a motion to appoint Scott Kurtz as Chair of the Trail Master Plan Committee. Citizen member McGinnis seconded the motion. By consensus. Scott Kurtz was appointed Chair. DATE AND TIME FOR NEXT MEETING The next Trail Master Plan Committee meeting will be held on Thursday. February 19, 2004, at 1:00 PM- Parks Office, 340 S. Pioneer Street, Ashland, OR. Page 3 of3 Trail Master Plan Committee Minutes - January 29, 2004 Ashland Parks and Recreation Commission ADJOURNMENT With no further business, the meeting was adjourned. Respectfully submitted, ~~~. I Susan Dyssegard Committee Secretary ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: TEL.: (541) 488-5340 FAX: (541)488-5314 Diane Amarotico JoAnne Eggers Michael Gardiner Jim Lewis Rich Rosenthal MEMORANDUM TO Ashland City ~inCil f~'t FROM Don Robertson, irector /,-::/ DATE February 11,2004 SUBJECT 755 Oak Street ACTION REQUESTED Approve purchase of property at 755 Oak Street. BACKGROUND On December 15, 2003, at its regular meeting, the Ashland Parks and Recreation Commission reviewed and approved the agreement to purchase the property loca1ted at 755 Oak Street. This parcel of property was identified during the planning of the Open Space Master Plan. The plan called for purchase of properties located along Ashland Creek for a fillture trail connection and riparian preservation. The plan also designates that all properties JPurchased will be negotiated with willing sellers at fair market value. Staff negotiated for the property purchase and an additional easement across adjacent property owned by the same family. The purchase will include 200 feet of creek frontage along with the additional 150 feet of pedestrian access easement along the creek. One stipulation of the easement is that it will not be active until 2014. Total acreage will be slightly less than an acre. The price of the land, easement, and survey costs will be $63,400. This price is very comparable to other similar property purchases. The Commission recommends approval of the purchase of the property located at 755 Oak Street and the adjacent easement. Home of Famous Lithia Park ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET ASHLAND, OREGON 97520 COMMISSIONERS: TEl.: (541) 488-5340 FAX: (541) 488-5314 Diane Amarotico JoAnne Eggers Michael Gardiner Jim Lewis Rich Rosenthal MEMORANDUM TO Ashland Tree Commission ~~ ~~- ~ FROM Donn Todt, Horticulturist/Arborist Ashland Parks and Recreation Department DATE January 27,2004 SUBJECT Madrone Removals in Lithia Park TITLE Stumps Don't Lie - but neither do they tell the whole story Following the removal of a number of madrone trees in Lithia Park, I have chatted with several concerned citizens on the phone, all of whom have been understanding. I appreciate living and working within a community where people are concerned about trees. Since I don't wish to take up our limited meeting time, I thought I might pass along some background regarding these removals. I've referenced some of the materials, since I don't want it to be based upon "Donn says" and because I'm accustomed to working within that format. A Wake-U{) Call (with a lone: ring) In August, 2003, a large, leaning madrone tree within the Cotton Picnic Area of Lithia Park failed along the main trunk. It was one from which we had removed canopy weight in the past. The madrone fell, taking another large madrone along with it, resulting in the collapse of tons of wood on a 1,OOO-square-foot zone within the picnic area. The potential for injury and loss oflife was unquestionable. Anyone within the drop zone would likely have been killed. Two years before, we also had a large madrone crack along the main trunk. Four years before that, a large, lateral-trending limb broke from a madrone in a picnic area in upper Lithia Park. TIle break was not at a branch union but along the main stem itself. Obviously we have a pattern here! What are the causes, what is the context, and what can we do about it? Prunine: and Removal History In the past we have removed few live madrones from Lithia Park, confining work principally to lightening limb loads and deadwood pruning. Within the past six years, only three madrones appear on the removal lists. Two were small and one was heavily compromised by :a major split down the trunk. Within the last three years there are no madrone removals on our lists, only deadwood pruning and lightening. Home of Famous Lithia Park Environmental Backeround Most parts of Lithia Park are characterized by increasing tree canopy (Todt 2001: 8-14). Madrones that once had access to considerable direct sun now compete strongly with large conifers, and other broadleafs, for light. Mature madrones require top light for survival (McDonald & Tappeiner, 1991: 131). In their quest for light, madrones in Lithia Park have extended their trunks and canopies laterally in the understory. Consequently, many of the trees have a considerable lean, especially in the upper portion of their canopies. In fact, for many madrone trees, the weight of the leaning main trunk far exceeds the weight of the rest of the canopy. Although most trees develop reaction wood to counter the destabilizing effects of a lean (Matheny & Clark 1991: 11-12), this reaction wood only performs its function under certain conditions. A large amount of end weight can still result in structural failure, especially if the upper trunk is basically a horizontal structure, extending parallel to the ground surface. If there is a defect within the wood, particularly if the defect extends in the same direction as the trunk, the tree may stiH fail. (Ibid.) In the past, we have felt that relatively minor defects didn't compromise an entire leaning tree. Now we know better! Specific Characteristics of Madrone While madrone wood is noted as hard, it is also brittle and has a strong tendency to fail. In fact, of 23 native tree species, madrone has the highest percentage of branch failure, even higher than the fast-growing, and notably hazardous, native poplar (Harvy & Hessborg 1002, Table 1: 107). Madrone trunks with tops having a severe lean have the structural characteristics of large branch wood. Older wood on larger trees is especially subject to fracturing, as the wood loses its resiliency with age. A Course of Action With the foregoing in mind: In September, 2003, I identified nine madrones to be removed. Five had canopies that were mostly dead. The rest were characterized by strong leans with defects extending in the plane of the trunk, i.e., having the same characteristics as the previously noted failures. All were located in areas of heavy pedestrian traffic. In November, 2003, I rechecked the trees. In December, 2003, as pmt of the tree pruning bid process, I checked the trees with certified arborists Tom Myers, Matt Ison, Clarence Wangle, and Anne Lewis. Between us we have nearly 100 years of experience with arboriculture. We agreed on the removal of the marked trees as the best option. One tree that was originally scheduled for canopy thinning was added to the list when the other arborists felt that it was so compromised that it was unsafe to climb. (A tree compromised to the extent that it is unsafe to climb is also highly likely to fail during wind or snow events.) A fmal tree was added to the removal list after considerable consultation with the other arborists. Results and Perspective In the main portion of Lithia Park, there are about 130 mature madrone trees. Many are leaning and many have defects that may ultimately cause them to fail. Many have ridging, indicating stress fractures from high winds. Fortunately, most of them are not located along heavily trafficked pathways or heavily frequented picnic areas, or they lean away from these areas. We will continue to work with these less problematic trees, removing them primarily when failure is felt to be imminent and where uncontrolled failure will result in substantial damage to adjacent trees. Page 2 The 40 acres of Lithia Park above and to the east of the creek exhibit a stand of mostly young trees. For the park as a whole, madrone is an increasing species, not a declining species. We should also keep in mind that a cut madrone is not usually a dead tree unless it has already been in severe decline. In fact, madrone reproduces primarily by sprouting from lower stumps and burls (McDonald & Tappeiner 1991: 128). Fire is intrinsic to the ecology of madrones. Only fire suppression has kept the madrones in Lithia Park from being top-killed at least once since park establishment (Todt 1996: 5). The thousands and thousands of madrones on the slope west of Lithia Park were top-killed by the 1959 fire (O'Harra 1981: 158). They have since resprouted, forming a thickly canopied stand. (Robins that feed on that stand's berries in the winter often roost in Lithia Park, resulting in thousands and thousands of seedlings.) The trees cut for safety reasons in Lithia Park will also respond in this manner if not too severely shaded. They may be the new recruits to the uneven-aged stand, which is the desirable condition for a sustainable park woodland. Within the Parks Department, we maintain some 5,000 or so trees, exclusive of those we manage . within the forest interface. Each year, a certain, small percentage die and/or need to be removed for safety considerations. This is to be expected. Although particular trees tend to be especially long-lived, the average age of mortality for the average tree is approximately that of the average human (Harcombes 1987: 557-567; Perry 1978: 1-6; Peet and Christensen 1987: 586-594). In parks such as Lithia, mortality may appear high since the oldest trees are mostlly even-aged, dating to fire suppression in the late 1800s and heavy planting in the very early 1900s. These trees are reaching an age of normally increasing mortality. It is not practical to make parks with large trees 100% safe. Nevertheless, user safety must be an important consideration in the matrix of issues and values, which also includes aesthetics, silvaphilia (sign me up), wildlife values, historical continuity, and changes in landscape structure and species composition. Harcombe, P .A. "Tree Life Tables" BioScience Vol. 37:8, 1987 - pp. 557-567 Harvey, Robert D. & Paul F. Hessburg, Sr. "Long-Range Planning for Developed Sites in the Pacific Northwest: The Context of Hazard Tree Management - USDA FS PNW Region (Should be available SOU Gvt. Doc. Sec.) 1992 Matheny, Nelda P. & James R. Clark "Evaluation of Hazard Trees in Urban Areas" - Hort. Science Inc, Pleasanton, CA 1991 McDonald, Philip M. & John C. Tappeiner "Pacific Madrone" in Silivics of North American Trees: Hardwoods (Available SOU Gvt. Doc. Sec.) 1991 Page 3 Peet, Robert K. & Norman L. Christensen "Competition and Tree Death" - BioScience - Vol. 17: 8 - 1987 pp. 586-594 Perry, Thomas "Trees and Their Typical Age and Growth Rates" Metropolit(ffi Tree Impr. Alliance (METRIA) 1978 - proc 1: 1 (Available SOU Gvt. Doc. Sec.) Rowntree, Rowan A. "Urban Forest Ecology: Conceptual Points of Departure" in: Journal of Arboriculture Vol. 24: 2 March 1998 pp.62-71 Shigo, Alex L. "A New Tn~e Biology" - Shigo & Trees Association; Duthum, NH - 1986 Todt, Donn L. "Trees and More Trees: The Landscape History of Lithia Park" Southern Oregon Heritage Today, vol. 3: 4 - pp. 8-14 Todt, Donn L. "The Nativ{: Vegetation of Lithia Park: An Environmental History" Document on File - Ashland Parks and Recreation Department, 1998 Page 4