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HomeMy WebLinkAbout1990-0419 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL April 19, 1990 ROLL CALL Mayor Catherine Golden called the meeting to order and led the Pledge of Allegiance at 7:34 P.M. on the above date in the Council Chambers. CONSENT AGENDA Letter from Parsons Pine Products requesting noise variance under AMC Sec. 9.08.170(5). Acklin moved to approve the public hearing date of May 1, 1990 and Winthrop seconded. The motion carried unanimously on roll call vote. Mayor Golden suggested and all agreed to continue discussion on Open Space after the two public hearings. PUBLIC HEARINGS Appeal from a decision of the Planning Commission approving a Conditional Use Permit for the construction of physician's offices at Ashland Community Hospital. Fregonese presented the staff report. Planning Commission approved construction of four offices on campus of hospital; Neighbors appealed. Site Review meets standards. Conditions of approval were reviewed. New bike parking standards will be going to Council for approval soon and so will be different than requested in conditions (if approved); 50% would be covered bike parking. Reid wanted to know if the issues discussed at the Budget Committee would also be addressed at the public hearing. All issues are included in the appeal, however, items 3, 4 and 5 are economic issues and Salter felt the appeal was an issue of land use. Reid was uncomfortable with ignoring some issues in the appeal. Appellants have right to know what was discussed at Budget Committee. Mayor asked for site visit/exparte contacts. Winthrop had phone calls from Marc Heller, Rick Harris and from Susan Powell of the Planning Commission, who wished to state her reason for opposing. She felt that the proposed office space lacked open areas. Acklin: site visit, hospital board member, attended study sessions, retreats, board meetings. Willjams, site visit, discussion with Jerry Cooper, Board Member. Arnold, site visit, wife works at hospital; discussions with Brent Thompson. Arnold said since issues arose from time to time about a conflict of interest with his wife working at the hospital, he wrote to Oregon Department of Ethics and found there is no conflict. Salter confirmed saying there was no economic gain. Mayor had discussions with Ben Benjamin. Acklin asked Jill Turner, Finance Director, to talk about the hospital's status as part of our budget in order to increase public understanding and explain what the structure is between the city and hospital. Turner explained that the hospital has a separate Administrator, and they maintain their own records and finances. Regarding donations, Turner said we don't give the hospital tax money. It receives money primarily from paFks and public safety. When we do cooperative ventures, we each pay our own share, individual cash management, we allocate the costs equally among us. For instance, when buying insurance, a cooperative effort gets a better discount. We do not in any way give any property tax dollars. Public Hearing (from the appellants first) - Marc Heller, 272 Greenbriar, 11/2 blocks from hospital. He began by expressing his appreciation for all the work the Council has had to do recently. Brought rubber stamp to use inferring Council's decision was already made. Mayor made clear that this issue is not part of Open Space Program - which was discussed Tuesday night. Heller explained he was from Chicago and was impressed with land use planning in Oregon. His position has changed in the last month -- not concerned with economic but site issues; 10,000 square feet of office space is acceptable. But the plan is taking up about 70,000 square feet of space in order to generate 10,000 square feet of office space. Heller felt this was not good land use. Two story buildings would have made better sense. This plan prevents future hospital growth. Process has gone awry. Heller claimed drawing of plan is dated July of 89, and another is from September of 89. He felt the hospital went through the motions of public hearings but did not accept public input. He detected the attitude, "what's good for the hospital is good for the city," and approve uncritically whatever the hospital wants to do. He felt the ideas he was presenting were not just to better the six selfish neighbors. Winthrop pointed out a discrepancy in the appeal letter from Heller and his testimony tonight. The letter opposes two-story buildings with respect to the view. Heller defended himself by saying two-story buildings should not go on Chestnut for it would block view... if put down below, would not impact neighbors. The Mayor reiterated that Heller was not in opposition to the office space but wants to work with hospital on design. - Fred Wilkin, 515 Maple Way, one block up from hospital, doesn't think the city should use that property in this manner. We need more land - offices can be put elsewhere. A doctor should take care of getting his own office space. He felt there was tension among doctors in the community about what's going on. Need more time to consider what they're thinking. Original Council action for hospital - nobody has any bonds. Doctor's offices are not hospital use. He felt there were legal questions about using that property around the hospital for non- hospital use. Reid referenced the city charter regarding use of land around hospital and asked Salter to interpret. Salter replied that doctor's offices are ancillary use and saw no problem with the proposal. - Kelly Roberts, 531 Maple Way, wanted empirical evidence that we needed more doctor's offices. Did we think that be inviting more gynecologists, there would be more babies? - Ben Benjamin - 323 Maple, appreciates all of Council's effort. He agreed with what Heller said and then did a demonstration with a match box the size of the building on the plan, designating other places where offices could go to help preserve the green slope that it is now proposed on. A two-story building would not necessarily need an elevator. An alternative is possible. One single story building is possible in the upper parking lot that is not used right now. - Austin Breafield, 400 Monte Vista - is pharmacy proper use? Salter said because they have medical equipment, yes. Regular Meeting -- Ashland City Council -- April 19, 1990 -- Page Two - Joan Majeski, said if we're trying to attract specialists to this area, special construction is necessary which the proposal does not include. Special Equipment cannot be accom- modated in a standard building. Efficiency and convenience must be met and these are just common, standard buildings. - Ross Leeman, 519 Chestnut, current open space is used and enjoyed by residents in that area. - Marie Moorhead, 310 N. Mountain, said Dr. Hellar asked her to speak on behalf of CPAC. land is owned by city, why doesn't the city protect the land for further expansion of present hospital facilities, as stated in the comp plan? - Rich Werich, 563 Walnut, talked with Chuck Butler, and said decision does not have to be made tonight. - Brent Thompson, P.O. Box 201 ,' illustrated on the blackboard an alternative way to use the land. He appreciated his guest editorial being included in packet. He sensed an urgency to complete this proposal now. One issue is noise, although he didn't think so. He recommended building three instead of four, making the third building two story; give architects a chance to design. We've got to start thinking about not wasting land. - Tom Pyle, 571 S. Mountain, Chair of Parks & Recreation Commission - agreed that liVability, compatibility of neighborhood, need for doctor's offices are economic issues; this was a land use planning issue. Did the Planning Commission follow proper process? - Jim Watson, Hospital Administrator, thanked Council for their strength of character. He felt it productive to recap what brought us to the decision to build professional medical offices on hospital ground. Council and Parks had a joint meeting and there was also a budget meeting; the fact that there has been 8.1 billion dollars cut in medicare; state worker's comp problem increases by paying hospitals less. He reviewed Medicare cutbacks. Healthcare system has adjusted and has the tools to continue to adjust. Strong financial position, controller and administrator worked together in attempt to maintain strong economic position. 1980 statistics, outpatients increase from 10,000 to 20,000. Nothing stimulating any growth in in-patient setting. All options require additional physicians. Without it, we cannot stimulate growth. The hospital's mission -- professional physicians offices, vision of spaciousness, tranquility, save existing trees, one story so as not to block views. Visual benefits include over 100 feet of greenspace. Plan was adopted by Board of Directors in January. Will construct a gazebo, benches throughout the greenspace. Winthrop confirmed immediate plan to build two offices? If denied, he asked Watson which would he be targeting. Watson replied the ones at the top of the picture. Reid hasn't seen a real study on what dollars will go out and what will come back. Luring doctors to our community would bring cash payments. Watson said recruiting physicians has become a science. Certain specialists demand such high dollars, a financial invite is one way to lure them. Line of credit is becoming common and has to be paid back with interest. Regular Meeting -- Ashland City Council -- April 19, 1990 -- Page Three Reid asked if the hospital would rent for competitive rates, or be subsidized? Watson stressed the hospital would not be subsidizing physicians. Rental rate increase is 50% per square foot on day one. Will they limit people coming into office space to specialists? Board can pick and choose. Second building will be first come first serve. Reid asked will hospital generate revenue as landlord or bring revenue in as doctors utilize hospital? The latter more likely. Donovan asked about potential subsidy follow-up, i.e., physician already signed up, in comparison to existing spaces. Watson said they are higher than existing. Donovan asked about the liability of a two-story facility? Watson said it was not aesthetically desirable for patients to be in window of second story. Ramps not in best interest with weather we have. Arnold asked why hospital decided not to build to the east, where existing parking lot is. Hospital has space pressures in many patient care departments and wants to move finance, payroll people farther out. Want more community meeting rooms; do currently have empty beds, but expected with two- bed rooms. Future, every room private. Want to keep that area for future growth. Considerations, traffic flow, fire vehicles, cost, delivery trucks, parking. Have to design structure with more square footage. Mayor questioned buildings not designed for specialists? Interested physician meeting with architects now to make special changes. No one lined up for other three buildings. Chuck Butler or DeLorenzo design? Inherent problems in joint ventures. DeLorenzo's plan will not meet demands of health care system. Mayor asked why not build two offices closer to hospital first, and leave open space. Watson said committed to building on Chestnut first. When second building is full, will give staff time to look at the rest. Concerned with LUBA waiting period of approximately four months; time is money. - Bruce Johnson, 450 Thornton Way, office on Maple St. I know of no physician in Ashland that is against medical building. Office close to hospital is convenient and appropriate and preferred. Likes Chestnut area for first offices, area closer to hospital can be used by hospital. - John Mauer, 1085 Elkader, doctor and neighbor of hospital for 14 years. Office is conditional use granted. Don't know of any physician against plan. Subsidizing rate? I rent office space with physicians for 88 cents a square foot. Medford doesn't care about open space. Doctors want to be close to the hospitals. Livability includes more than people living around the hospital. People living in hospital care whars outside the window. At this point, the Mayor suspended the rules of public hearing. - Brent Thompson, things were done in isolation. Planning experts were not involved. Hospitals did on own. Ideas good but need changes. The Mayor closed the public hearing. Winthrop said not dealing with strictly site review but conditional use as well. Burden of proof required -- modify and give green light to two buildings. Whole issue unduly polarized. Purchased for hospital purposes and hospital board decisions okay reasonably. According to criteria for CUP, proposal is not best design in R-2 zone, so grant CUP for 4 offices but site review approval for only 2 units. Leave unit 1 alone, give site review approval for 2 & 4 with parking and associated landscaping, then, if prudent, go with third building. Winthrop so moved and Reid seconded. Regular Meeting -- Ashland City Council -- April 19, 1990 -- Page Four Reid saw smaller office buildings and greenspace better for community. Williams said if we do that, we are limiting flexibility of hospital growing. Acklin, Donovan and Arnold"'V~'ted'~o. Mayor asked for another motion. Acklin moved to deny appeal and adopt findings of Planning Commission. Arnold seconded. Acklin said when the city appoints the hospital board, we ask them to do a job for City, to best manage the hospital. The hospital has come up with the most realistic plan. Future and flexibility of hospital will not be jeopardized. It is sensitive to the neighborhood, leaving all trees intact. Arnold said the hospital generates enough money to operate itself, it doesn't want to subsidize, it serves everybody that comes. We need to give hospital support and he thinks it is a good plan. Donovan said if Council votes to deny this appeal, we're going to lose a great asset to the neighborhood. Don't want to see space lost. But healthcare for whole community is at stake and we need to listen to the Board. Acklin mentioned that neighbors will appeal to LUBA. The vote was unanimous to deny the appeal and approve the office space. 10:00 P.M. - Mayor called for a 15 minutes break. Proposed annexation. zone change and site review for a proposed shopping center at the Northeast corner of Highway 66 and Tolman Creek Road. Almquist read letters from James Hilbert, Zack Brombecker, Bob Blakenholm, Mr & Mrs. Hauscher, and Bob Brauder. The Mayor read one from Maxine Hennil. Fregonese gave staff report. Site review is to determine how the center is to be utilized. Site review issues are major concerns. We are lacking in retail sales for a city of our size. Compared retail sales with a number of communities our size. Ashland sales per capita are lowest. Need to compare market area. Ashland's 22-25,000, Grants Pass 65,000. Food sales per capita very low in Ashland. Retail sales have not changed in Ashland in the last 10 years. Traffic at Tolman Creek has increased. Ashland Street will become more like a downtown. Fregonese wants to add condition #10, that new site, size and species specific landscaping plan be submitted prior to issuance of building permit. Regarding condition #1, that Pad 2 be located next to the creek, owner would rather have building than driveway. Condition #5 os to encourage pedestrian movement. Winthrop inquired about any substantial issues raised in Giordano's letter dated January 10th (page 155). Fregonese responded that the berm is gone, the drive-thru facility has been omitted, and he is in agreement on everything else. Donovan said regarding parking and backing out, he disagreed with the diagonal parking. Fregonese suggested that it could be changed to parallel parking and lose 8 spaces. He also said that the bicycle parking is not adequate, standard number is 41, and the new standard (not yet adopted by Council) is double that. Staff recommends between 40 and 80 spaces with at least 20 covered spaces. Arnold noted if we deny annexation, Mr. Hibbert indicated that the project would go thru anyway but would have to come up with another plan. Reid noted if not annexed, property would be landlocked. Winthrop declared exparte, discussion with John Schweiger, Kurt (from Sentry Market), Doug Mitchell, and Susan Powell (on Planning Commission). She voted to approve because 80% of project was already appropriately zoned and therefore would be approved anyway, and that the annexation would allow for greater diversity of retailers which would be in the best interest of Ashland. Winthrop said his wife insisted that he oppose because she doesn't want outsiders to determine our economic needs. Donovan had site visit, and discussions with Dave Bernard, and Bob Rasmussen. Reid had site visit, discussions with Williams, ~nd..'K'urt from 'Sentry Market. Mayor had site visit, Pat, discussions with Sentry Market and United Grocers (Phil). The Mayor opened the Public Hearing (10:30). Regular Meeting -- Ashland City Council -- April 19, 1990 -- Page Five - John Hasson, Attorney representing applicant, 129 N. Oakdale. All exhibits and documents enter into records. Craig Stone submitted to City market analysis, for record, and 3-page rebuttie, which is not new evidence but to answer points raised in arguments. Center will create adverse retail competition: competition always good. Possible that information from 1987 census retail trade might be flawed. But no better way to determine if it was. Albertsons believes another store is needed. Friends of Ashland question why Ashland cannot attract a quality major department store, where Roseburg can. In Jackson County, Medford is the retail sales center. Although this site is appropriately zoned, problem is on 8 acre parcel. If annexation is not granted, applicant can still locate Albertsons and Payless; with annexation, Ashland can add satellite shops. - James Watson, 101 Main, Seal Beach, CA, in agreement with 21 of 24 conditions. Staff is recommending to move driveway on Pad #2, problem of people forgetting where they parked and having to go all the way round. Regarding auto access off Tolman Creek Road nearest Pad 1 be limited to right in and right out only to eliminate traffic crossing Tolman Creek. Do not delete this, want to disperse traffic on this side of center. Winthrop asked if any problem with recycling center. Donovan asked what size recycling area would be since just finished building one on Water Street. One in shopping center not just for this facility but for that end of town. Applicant agreeable. Mayor suggested to paint a walkway and put in bump but pushing shopping cart over bump not good idea. Reid asked if center will be developed all at one time? Watson said 90%. Will have building leased before developed. Don , Marketing Specialist, Albertsons, 17771 NE San Raphael, Portland. Mayor notice on pp. 31-32, survey did not include the Ashland Community Food Store, which has 3,750 square feet of retail space, which would account for a great deal of the leakage. What share would $55,000 week have? Reid asked what is typical leakage? Information not available. Donovan moved to continue the public hearing and Reid seconded with a unanimous voice vote. Kelly Roberts, 531 Maple Way, said Council already made up their minds that they need more doctor's office space, of course more shopping centers will mean more business. He is in favor of the shopping center. Fred Wilken, 515 Maple Way, spoke in favor. He said Thrifty, largest dope pusher in western U.S. has bought out Bi-Mart. Payless will give competition. He personally buys groceries by looking for sales. Virginia Vogel, 924 Bellview, announcement from Chamber, board recognizes this is not a simple issue. Chamber believes the interest of Ashland is best served by the free enterprise. and, therefore, endorses the shopping center. Arthur Brigfield, 400 Monte Vista Drive, issue is retail sales, so addressed data base. Impression was that City Planner was touting, pitching, the shopping center. Retail sales not reliable source of data. Statistics do not include a third of population being college students. Irony that Planning Department comes up with one set of data to support annexation while another contractual relationship with City comes up with different methodology and concludes that shopping center is not justified. Incongruous. Regular Meeting -- Ashland City Council -- April 19, 1990 -- Page Six Two professors producing part of comp plan concluded that new shopping center was not necessary. Research was not based on retail sales, but employment and tourism. City government needs better research ability. Leakage from Ashland to Medford, that means Ashland is an incontinent geriatric case, but don't believe it's true. California Developers are rapists and he hopes they stay out of Ashland. Vicki Nuewanschwander, 455 Tolman Creek, regarding Section 7 of Comp Plan, single greatest tool is to effect local economic development... page 9, economic development enhances and minimizes less desirable. Economic development yes, not necessarily economic growth. Is public need being met? Leakage figures are fictitious and inaccurate. Ashland is college and tourist town. Only RR-5 land left. She does not want the development and declared the City is hurting her if it imposes the assessment district. David Lane, 1700 E. Main, information on leakage, out of draft report from our own comp plan. Page 8 of findings, Cottage Grove, payroll of 9,265; sales per capita, 9,767. Data inaccurate. Criteria for approval: applicants have 4 areas in conformance, Referenced page 5, policy 7-1, goals to maintain compact urban form, policy 12-2. 70% square footage devoted to types of businesses already in Ashland. This project will not lead to growth but to competition. Friends of Ashland urge Council to deny application without prejudice. Winthrop said bulk of shopping center is outright permitted use. Which option is better? They will do shopping center on less land anyway? Lane said developer might not choose to do project on less land. Fregonese noted Lane's discrepancy regarding payroll for employee, per capita. Hugo Halpitt, 1027 Canyon Park Drive, interested because registered Professional Engineer. JC Penney won't come to town because it would take away from their business in the Medford store. John's presentation is one of the finest he's heard. Not proper to have walkway interfering with traffic flow. Larger shopping mall is more successful than smaller. Acklin moved to continue and Donovan seconded, voice vote unanimous. Bill Robertson, 2195 Tolman Creek, if you deny annexation, we'll have a smaller shopping center but one nonetheless. Steve Green, Shop 'N Kart, has nothing to gain, only to lose. Opened Shop 'N Kart store out of bankruptcy, been improving each year. The folks that have been trying to make it in the community for years cannot compete with Albertsons. Deny annexation is the only way to slow it down. John Hasson said development will provide 250-300 jobs, economic benefit. If you deny, will not slow down project, competition will be there anyway. Donovan asked about jobs and wage levels? Don answered, $4.50/$5 up to $13/hour with benefits. Payless will provide about 100 jobs. The Mayor closed the public hearing (11:42 PM). Winthrop said if all 10.4 acres were outside city limits, different questions would have to be faced. We should do our planning pragmatically, coming at critical time when we are developing Ashland Street. Signal needed at that intersection. Given choices, better to annex and have full project. Regular Meeting -- Ashland City Council -- April 19, 1990 -- Page Seven Winthrop moved to adopt the finding of PA 90-030, with changes to conditions; delete #1, retain #5, #8 automobile access have right in right out configuration, #2'4 shall provide area for recycling, design approved by staff advisor, add #1 new site, size and species specific landscaping plan. Williams seconded. Donovan asked if new condition should include parking bays be parallel instead of diagonal. Winthrop said no problem. Acklin said Shop A will be disrupted. Donovan asked can bay be made sufficiently so cars do not back up into traffic. Redesign and enlarge bay instead of parallel. Willlares supports motion, and noted .. flower shop competition. Reid doesn't support the annexation which she felt reflected the~ views of a segment of community. Arnold said there is no demonstration for need of pgblic . , land. Here we go down that undesirable change in town we don't want to make. Arnold votes no. Acklin said what the outcome looks like is important. She wished previous decisions were so thought out. Planning staff did excellent job of anticipating development in this area before application was ever made. Tom Giordano a plus. Reminisced McDonalds - not desirous in Ashland but... Some policies don't meet needs, but there are those that do. Donovan asked how does community allow diversity without treading on others. This is a development for locals. The other stores allowed will probably meet the needs of the local people. Everyone takes trips to Medford. The vote was 4 to 2 with Arnold and Reid opposing. The meeting for Open Space has been postponed until Tuesday, 24th, 6:00 P.M. in the Council Chambers. Mayor's appointments -- Winthrop moved to approve the Mayor's appointments to Commissions and Committees and Reid seconded and the motion carried unanimously on voice vote. ADJOURNMENT-- Midnight Jill Turner Acting City Recorder Catherine M. Golden Mayor Regular Meeting -- Ashland City Council -- April 19, 1990 -- Page Eight