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HomeMy WebLinkAbout1991-0702 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL JULY 2, 1991 CALL TO ORDER - Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:35 p.m. on the above date in the Council Chambers. Reid, Acklin, Winthrop and Arnold were present. Laws and Williams were absent. APPROVAL OF MINUTES - Golden asked that the following changes be made: 1) P. 2, paragraph two, delete words "there are" in middle of line 19. 2) Page 4, middle of line 17 should read "SDC's" not "SECs". 3) End of line 17, p. 4 should read "...two homes on one ...". 4) P. 6, end of first paragraph, sentence reading "Acklin suggested having a union representative present as well." moved to end of paragraph as it was not a part of the motion. Motion was made by Arnold and seconded by Acklin to approve the minutes of the regular meeting of June 18, 1991 as corrected. Ayes: all. CONSENT AGENDA - Reid asked that item #3, Memo from Councilor Winthrop regarding Pacific Program leadership training, be pulled for discussion. Motion was made by Acklin and seconded by Arnold to pull item #3 for discussion and approve the other items on the consent agenda. Ayes: all. Reid noted that she is in favor of Winthrop attending the Pacific Program leadership training. Acklin stated that the Council needs some guidelines on what amounts can be spent and kinds of programs that the expenditure should cover. Golden noted that the past policy has been that if the funds are available, a Councilmember can attend programs. Arnold suggested that staff be instructed to develop guidelines on travel and training for Council's review; then if guidelines are met, requests can be submitted and Councilors can attend. Motion was made by Arnold and seconded by Acklin approving Winthrop's request to attend the Pacific Program leadership training program. Ayes: all. PUBLIC HEARINGS Proposed adoption of the Open Space Element of the Ashland Comprehensive Plan. John MacLaughlin stated that the Open Space Element was ready for adoption with the changes outlined in the April 19, 1991 memo included in the Council packet. Reid stated that she had received phone calls expressing concerns about possible trespassing on areas adjacent to proposed open space areas. Reid asked Council to consider posting these areas. Rick Landt, 487 Rock Street, urged passage of the open space element as submitted by staff. He noted that the plan was a good distillation of what the citizens of Ashland wanted to see. Winthrop asked about land condemnation in Section VIII-14 for open space. Golden thought that the Charter addresses what can and cannot be condemned. Winthrop stated that he had some concern regarding Policy 14, protecting views. Winthrop stated that he does not want a view ordinance being adopted by the back door. Acklin stated that the views listed in Policy 14 were areas of mutual concern with Jackson County. Regular Meeting - Ashland City Council - July 2, 1991 - P. 1 Open Space Element (Continued) Acklin noted she had received a call much like Reid's. Neighbors were concerned about littering and abusive language in areas along the ditches once the trails were identified. Acklin stated she was willing to post or have T.I.D. post "no trespassing" notices along the ditch. Thierolf was directed to research the Charter regarding condemnation. The Open Space Element would be held open until an answer could be given. Planning Action No. 91-049. Request for a zone change from R-2 (Multi-family residential) to C-i-D ( Downtown commercial) at S0 Hargadine St., 130 Hargadine St. and 96 W. Fork St. (Sharon & Philip Thormahlen, Applicants). Golden read a prepared statement on the right of appeal to the City Council or LUBA, which is lost if testimony is not presented either in person or in writing at the time of the hearing and expartee contact by Councilmembers needing to be put on the table, which includes any information heard, thought about, etc., if the information will be used to reach a decision on this matter. Winthrop stated that he had discussions with Sharon and Phil Thormahlen, but did not believe any information was discussed that is not already written into the record. Golden stated that she had extensive talks with Sharon Thormahlen, but not since the appeal had been filed. Reid noted that she had done a site visit and had walked around commercial and residential areas. Reid stated that she did try to talk to people on the street and might use their opinions. Reid noted that she had talked about the Oregon Cabaret Theater, Winchester Inn and OSFA and got mixed reviews; some had thought them intrusive and others thought they complimented the area. John MacLaughlin stated that the current zoning of Stone House and the apartments is R-2 and the applicant requested a change to C-1-D. MacLaughlin stated that criteria for approval of a Type III amendment are a public need, the need to correct mistakes, the need to adjust to new conditions, and where compelling circumstances relating to the general public welfare require such an action. MacLaughlin stated that no facts were submitted regarding a change in traffic patterns, parking or noise; that the findings do not address the new OSFA pavilion and reduction of noise; and that possible C-1-D uses are retail sales, restaurants, motels. MacLaughlin stated that the burden of proof for a zone change was not met and staff recommends denial of the zone change based on findings. The Planning Commission voted unanimously to deny the request. Golden asked MacLaughlin to address the Parson Pines issue, who said the noise level had been reduced before the zone change and an adjustment was needed because traffic on Hersey had increased 300%. MacLaughlin noted that the applicant had done traffic counts to substantiate the need. Regular Meeting - Ashland City Council - July 2, 1991 - P. 2 Zone Change Request (Continued) Richard Stevens, 107 E. Main St., Medford, appeared on behalf of the applicant. He asked that summary of statements of his statements and a letter from Andy Dunn, 130 Hargadine #3 be placed on record. Stevens stated that there are four criteria as the bases for approval of a Type III amendment and only one of the criteria must be met. Stevens stated that the record does show the traffic count and a precedent was set by previous actions. Stevens stated that it is the Thormahlen's intent to use the property in the same manner, with the Stone House remaining a traveler's accommodation with a manager on site. Stevens stated that all four criteria have been met. 1) There is no C-1-D land available in Ashland. 2) The need to correct mistakes - the impact of zoning lines facing each other across a street rather that zoning district changes on rear property lines. 3) The need to adjust to new conditions - changes which have impacted the subject property are closure of the streets, dimmed street lights, 345,000 transients with theater tickets, a change in the AMC to the Travelers Accommodation section which prevent a manager on the property, restriction of times that lawns can be mowed, having parties on the terrace and piano playing. 4) Compelling circumstance - applicant has been impacted by land use issues in the City. Stevens stated that the Thormahlen's were willing to place a restriction on the property so it would only be utilized as a Traveler's Accommodation subject to zone change approval. Golden questioned that there was no C-1-D land available and asked if vacant land and buildings were counted. Stevens stated that the information was from the Frank Stone report that went to the Planning Commission. MacLaughlin stated that the inventory should strive for a 5 year supply of this type of land, and that the D overlay relates specifically to the Downtown area. Golden asked if the City's ordinance specified that a B & B had to be owner, rather than manager, occupied. MacLaughlin stated that the main change in the Traveler's Accommodation required a lease holder or owner. Philip Thormahlen, 80 Hargadine, stated that what his wife had wanted to say was that they have been run off of their property. Thormahlen stated that because of OSFA his daughter is restricted as to the time she can play the piano, they cannot have parties on the front porch during performances, and if their daughter's friend wants to stay over night, she has to go through "Checkpoint Charlie". Thormahlen stated that his property rights have been taken away by limiting the times he can mow the lawn, have parties on his porch and his daughter's rights have been taken away by having 345,000 transients with theater tickets in close range. Winthrop asked Police Chief Lively to shed light on the issues of sound and OSFA performances that the City might be trying to regulate their lives. Lively noted that the Police Department was trying to maintain peace, and the first time he recalled any problems was with the running of lawn mowers and piano playing. Thormahlen stated that OSFA noise is horrendous and goes beyond State limits; as to moving the piano, that is his daughter's right. Regular Meeting - Ashland City Council - July 2, 1991 - P. 3 Zone Change Request (Continued) Don Rist, Star Properties, stated that he had listed the Thormahlen property for 2 years, and that each person that looked at the property was interested in it as a Traveler's Accommodation or even a museum for Shakespeare. No one had viewed the property in regards to a tavern or restaurant. George Kell, 184 3/4 Hargadine, stated that he would like to see the conflict resolved. Kell stated that he is familiar with the commercial usage of the area in the last ten years; he stated that buses are parked in "No Parking Zones" with their motors running; and asked "if this area is residential, why do all these buses represent a bus depot." Craig Stone, OSFA consultant, Urban Planner, requested that the record be left open for 20 days to give him time to review the two documents entered into the record by Richard Stevens. Winthrop asked if this appeal can be continued indefinitely by someone entering a written document into the record each time. Arnold asked Thierolf if the proffered letters could be rejected. Thierolf advised to accept the evidence and continue the hearing. John Hassen, attorney, stated that he thought the hearing could be closed, but the record left open so that they could respond to any new information. Thierolf advised to leave both the hearing and record open. Arnold asked that Stone and Hassen review the documents and determine if they could respond at this meeting. JoAnn Patton, 115 Fork, said she has lived in the neighborhood since 1970 and has raised two children there. Patton stated that Thormahlen's have the burden of proof that changes have occurred in the neighborhood; she noted that closed streets and dimmed street lights has consistently been a way of life in this neighborhood. Patton stated that there has been no significant change in this area which compels a zone change. Craig Stone stated that they had reviewed the documents entered by Stevens and would waive any request for a continuation if the Council would waive the 5 minute testimony limitation. Golden directed him to proceed. Stone stated that land use is based on clear objectives. Stone stated that the Thormahlen's cannot meet any of the criteria needed for the requested zone change; O.S.F.A. has been in the same location for 50 years and the number of performances have been in the 72-98 range since 1977; the enclosure around the theater will result in a 10-20 decibel reduction in noise; and that Mr. Stevens should not use streets as a zone boundary and that in the case of the apartment complex there would be no buffer between zones. He noted that C-l, C- l-D, and E-1 land satisfies the 98 acre requirement in the Comprehensive Plan; and stated that "Mc Coy vs Linn Co." required that all factors which constitute "livability" be identified, which has not been met. Stone stated that the City should not approve Planning Action 91-049. Bill Hicks, 190 Vista, said he has lived in the area for 22 years and the area is residential and he wants it to stay that way. Richard Stevens stated that adequate information had been submitted to support Regular Meeting - Ashland City Council - July 2, 1991 - P. 4 Zone Change Request (Continued) a zone change. He said that even though only 100,000 people attend the out-door theater, there is an impact of 300,000 on the neighborhood. Stevens stated that the cumulative changes in the neighborhood creates an impact that makes this property no longer appropriate for residential use and would offer to limit permitted uses by deed restriction. He believes there is sufficient evidence to approve the zone change. Reid asked for clarification on the apartment units which are currently rented month to month; the change would be to overnight accommodations? Stevens stated that the apartments are rented primarily to students, and are mostly vacant during the summer months, and they would use them as traveler's accommodations during that period. Motion was made by Winthrop and seconded by Arnold to deny Planning Action 91-049 and direct staff to bring back suitable findings. On roll call vote, ayes: All. Open Space Element (continued). Thierolf reported that the City Council shall not use the power of condemnation on fee simple land for open space trails. Acklin stated that staff should be directed to look into signage. Reid asked if the City had the right to put up signs along the T.I.D. ditch. Steve Hall stated that we cannot put up signs except in areas of City control, but a letter could be written to the Bureau of Reclamation requesting they put up signs in the area. Golden directed staff to look into signage. Motion was made by Acklin and seconded by Reid to approve the Open Space Element of the Ashland Comprehensive Plan including the proposed changes in Parks. On roll call vote, ayes: All. UNFINISHED BUSINESS Motion was made by Acklin and seconded by Winthrop approving the Mayor's appointment of Richard Nichols to the Hospital Board. On voice vote, ayes: All. NEW & MISCELLANEOUS BUSINESS Tom Pyle stated that the Parks Commission would like to close the unpaved portion of Pioneer to vehicular traffic for a two year trial period and turn-a-round area is proposed at the end of the paved portion. This would cut down on the dust and erosion to Lithia Park and would be an alternative to trails for walkers and joggers. He said the proposal has gone through Planning, the Bicycle Commission, and early on the opinion of neighbors were asked. Most negative comments came from upper Granite, because of it not being paved. Ken Mickelsen stated that the estimated cost is $4,410 and would require the loss of one parking space. The turn-a-round would stay on City property and the Commission would bear the cost of the closure. He said the area is used for walking, jogging and biking, and from a recreational standpoint the best usage would be closure of the street. Regular Meeting - Ashland City Council - July 2, 1991 - P. 5 Pioneer Street Closure (Continued) Winthrop asked i~ the barricade would be placed after any residences. Mickelsen stated that there are two houses beyond the turn-a-round and the barricade would be Deyond that to allow access to the driveways. On a question from Winthrop, Mickelsen said one residence would be partially blocked, but they do not currently use as access to their property. Barbara White, 180 Vista, stated that she uses Pioneer as a return from the Band concerts and in using the street 6 times in the last two weeks, has met one jogger, one bike rider and one car. Hilary Tate, 106 S. Pioneer, stated that she walked that portion of Pioneer many times and failed to see what the big deal is with cars, as the road is not used much. She said that nothing the neighborhood has said at Parks meetings seems to make an impression. She said discouraging RV's and buses from using the street was a good idea, but wanted to encourage not closing the street and putting up barricades. Rob Miller, 153 Fork, stated that part of his property would be land- locked and he also owns a lot beyond that property. He said that vehicles and parks are basically incompatible and for the aesthetics would like to see that part of Pioneer closed. Miller recommended giving the idea a two year trial period. Pat Patton, 115 Fork St., expressed concern that residents were not notified of the new plan. Reid moved to grant the Park Commission's request to close the unpaved portion of So. Pioneer St. for a two-year trial period. Winthrop seconded the motion which passed on roll call vote with Acklin dissenting. Memorandum of Understandinq - Water Resources - Arnold moved to authorize the Mayor and City Recorder to sign a "Memorandum of Understanding" with area agencies involved in water use, management and planning and to appropriate $3500 to RVCOG for staff time involved in this cooperative effort. Reid seconded, all AYES on voice vote. Historic Commission Appointment - Acklin moved to appoint Le Hook to the Historic Commission for a term ending April 30, 1994. Winthrop seconded, all AYES on voice vote. PUBLIC FORUM - No response. ORDINANCES, RESOLUTIONS & CONTRACTS Tobacco Products - Hall noted that an amended ordinance was included in the packet for second reading by title only. Acklin said State Law has changed regarding vending machines and should be researched prior to second reading. All agreed to postpone. Lori Lane L.I.D. - Second reading by title only of an ordinance authorizing and ordering the improvement of Lori Lane between Hersey Street and Glenn Vista Estates. Winthrop moved to adopt same, Reid seconded, and the motion passed on roll call vote with Arnold abstaining. (Ord. #2636) Regular Meeting - Ashland City Council - July 2, 1991 - P. 6 Amend Title 10 of A.M.C. - Council has not received the background materials and asked that second reading by title only be postponed. Special Vehicle Permits - Winthrop asked that the ordinance be amended to more clearly define "carnival-like atmosphere". Arnold and Winthrop will come back with new wording at the next meeting. Jackson-Josephine Transportation Committee - A resolution was read authorizing participation and representation in said committee. Arnold moved to adopt same, Reid seconded, all YES on roll call vote. (Reso. #91-27) OTHER BUSINESS FROM COUNCIL MEMBERS - None. ADJOURNMENT - The meeting adjourned at 10:24 P.M. ~a~en Huckins ~ Acting City Recorder Catherine M. Golden Mayor Regular Meeting - Ashland City Council - July 2, 1991 - P. 7