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HomeMy WebLinkAbout1986-0506 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL May 6, 1986 ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING 130 Hargadine Appeal Mayor Medaris led the Pledge of Allegiance and called the meeting to order at 7:30 P.Mo in the Council Chambers on the above date° Elerath, Reid, Bennett, Acklin, Laws and Arnold were present. Elerath noted that on page 6 relative to the YMCA Agreement the vote was not unanimous. Bennett noted that on page 4 she had seconded the motion to uphold the appeal on the Gentry develop- ment proposal° Bennett moved to approve minutes as corrected; Acklin seconded the motion which passed unanimously on voice vote° The City Administrator read a letter from Sharon Thormahlen requesting an appeal on decision made by the Planning Commission for a CoUoP. for a seasonal travelers accommodation permit at 130 Hargadine Street. Almquist asked that findings of Planning Commission, minutes, applicant's findings and staff report be made part of the record. Planning Director Fregonese reviewed the criteria on which the the Planning Commission based their denial of the application to use four existing apartment for travellets' accommodations during the summer months saying that one reason ~he proposal was denied was the removal of needed housing and the removal of tenants to provide tourist housing. Fregonese said this would have a detri- mental effect on the rental market and would establish a preced- ent that would lead to approval of properties in similar situations, and would violate the Comprehensive Plan Housing goal and the purpose and intent of the R-2 Zone. Fregonese further stated that the co-applicant was not felt to fit the criteria not having any risk or profit sharing in the ownership. Fregonese showed graphs of Housing and Population data ~tressing the need for more multi- family units in Ashland etc. and reviewed inventory of Travelers Accommodations in residential zones. Reid noted that she owns a guesthouse on her property at 171 Granite Street. Arnold noted that removal of four units wouldn't create a shortage of apartments° Sharon Thormahlen noted Council had been submitted background data · and she would be representing herself. Thormahlen reported that there had been an unfair application of the law and said the analysis presented by Fregonese of applications over the last six or eight years lahked information and reviewed applications from Peggy Rubin of 323 Oak Street, The Chaney's development of a site on Holly Street which would have been ideal for multi-family use was allowed a 9-unit B & B, Randy & Lesley Smith of 455 B Street application for conversion of duplex was no~ addressed as displace- ment of tenants. Thormahlen said she was/~o~d her application was deficient and that she felt singled out because the other applic- ants on the agenda were not criticized about displacing rental stock° Thormahlen showed newspaper ads of available rentals in the months of July & August indicating no shortage and then few available in October illustrating no scarcity in the summer. ..... continued 5/6/86 Po 1 Regular Meeting Ashland City Council 5/6/86 Po 2 HARGADINE APPEAL conto Thormahlen said there has never been a problem with Shakespeare because they police the people in the building and that would not change when the units are rented by the day° She said that other applicants have had co-applicants and she feels that the Planning Commission arbitrarily disqualified Mrs. Fales who would be a host- ess while Thormahlen would continue to handle rents and administra- tiono Thormahlen read letters from Nancy Anderson and Jack Edwards indicating no objection to the proposal and added that with one side of the property operating downtown commercial and other things happening she can't see how the summer concept could hurt. She said it will require a variance because they are within 200 feet of a collector and East Main is 350 feet from the site° Thormahlen reviewed other B & B establishments who live separately from the - business including the Beavers, Janice Pinkul, Parkside Cottage and Winchester House. Thormahlen said the downtown site proposal is attractive to guests who enjoy walking to local restaurants and shopping downtown. Fregonese rebutted the comment on the 455 B Street saying that it is in an E1 Zone and that the Thormahlens are not being singled out but that the criteria and guidelines have changed over the past five years and that the apartment housing stock being changed brought the matter up. Fregonese said in recent years there were only 500 available rooms in Ashland and people were going to Medford. Now, Fregonese said, there are 800 units and there has been no substantial apartment or multi- family units constructed for five years. +On the Mayor's question as to whether the applicant must live on premises, Fregonese said they do and the City Attorney has established that living across a right-of-way is not considered on the same premises. The public hearing was opened for those in favor. Teri Koerner said the VCB is receiving an increasing amount of requests for weekly lodging and that people who would use the Thormahlen units would probably have a like schedule as OSFA and wouldn't find the location awkward. Koerner said it would be an advantage not to have to park downGown and that it isn't fair to compare occupancy rate with population~ Terry Spaulding supported the proposal saying that housing is needed in this location. Spaulding added that the marketplace will determine the success of the proposal° Bill Hicks 190 Vista, said there may be a need for more accommodations but we do not need them in that area. Hicks said if you look five years ahead they will cree~ up everywhere and the long term impact should be considered° Hicks opposed the proposal° Candy Rystrom who is an employee at Shakespeare and makes housing arrangements for people in the OSFA organization said~she has problems finding suitable housing and opposed proposal saying apartment type housing is needed on a yearly basis° Barbara Wight, 180 Vista, said that she had written a letter to the Planning Commission relative to the proposal and noted that the area is barricaded for four months out of the year and after their long term residence near Shakespeare have learned to cope with it and must pilot people to their home during the summer etco For this reason, Wight said that the proposal being in the barrica- ded area would not be accessible to overnight guests and this pro- blem should be addressed. · o ........ continued 5/6/86 P. 2 egular Meeting Ashland City Council 5/6/86 P~ 3 THORMAHLEN APPEAL cont. THORMAHLEN APPEAL OF P.C. DECISION ON 433-435 Holly St. Thormahlen concluded by saying that Council is the body to approve; that weekly rentals are .needed; that the Rehab loan will be paid back and that they are doing everything possible to ensure the quality of the environment of Ashland. Council discussed Salter~s opinion that separation by a right of way would not be considered on the proposed siteo, Reid asked if Mrs. Fales lived on the property proposed for short term housing and Thormahlen said she has lived there for four years° Laws said he can see arguments on both sides but felt the Planning Commission decision should be upheld and moved that the application be denied and findings be adopted° Arnold seconded the motion with all members voting AYE on voice vote with the exception of Reid who voted in opposition° (Tapes of proceedings on file) The City Administrator read a letter from Sharon Thormahlen appeal- ing denial from Planning Commission for application for C.UoP. for the expansion of a non-conforming use and Zone Variance from the required off-street parking at 433-435 Holly Street. Almquist asked that applicant~s findings, Planning Commissions findings of fact, minutes and staff report be made part of the record. Fregon- ese reviewed the amended proposal and made Council aware that two storage areas had been converted to expand existing units in the non-conforming apartment complex and the Planning Commission after hearing an amended proposal denied by a 4-2 vote. Arnold said without a staff report from the Planning Department he finds it difficult to follow procedure. Sharon Thormahlen reviewed the amended application and said that unauthorized construction had taken place to expand the non-conforming use at the Lamplighter Apartments. Thormahlen said the present proposal would convert two apartments to 2 br 2 bath and 3 br and 2 bath units. Thormah- len said to upgrade required landscaping it would eliminate one parking space. The Mayor openeH the public hearing and there was no comment from the audience pro or con° The public hearing was closed. Elearth said the proposal for Council decision was not clear to him. Arnold agreed saying without a staff reconm~endation he would like to return the matter to the Planning Commission to address the proposal before Council. Acklin said she also likes staff reports but the Planning Commission knew what the changes were before they voted on the amended proposal and it is clear that the proposa£ ' /c~rect the violation involving the actions because of renovations at the site in question. Acklin moved to deny the appeal; Laws seconded the motion° On roll call Laws and Acklin voted YES. Elerath, Reid, Bennett and Arnold voted in opposition. Arnold moved to refer back to the Planning Commission for staff report on amended proposal; Reid seconded motion. Arnold amended motion to waive fees for application; Reid seconded and accepted amendment. On voice vote motion passed unanimously on amendment. On voice vote Elerath, Reid, Bennett, Laws and Arnold voted in favor; Acklin opposed and the motion carried. Laws moved to adjourn the meeting at 10:30 P.M.; Arnold seconded and Council agreed° 5/6/86 p.3 ~gular Meeting Ashland City Council 5/6/86 P. 4 PL~LIC HEARING Transp. Utility Fee TOUR COMMITTEE PROPOSAL The City Administrator reviewed the resolution adopting a Trans- portation Utility Fee noting that Council had defined the need for street maintenance funding to replace the now exhausted Rev- enue Sharing funds and was made a goal set at their recent goal setting session° Almquist noted this is the second public hearing on the matter with fees set for implementation with the first utility billing cycle subsequent to June 1, 1986o On Reid's question as to whether Southern Oregon State College would be exempt, Fregonese reported they would be'charged a fee based on 1450 parking spaces. Arnold asked if there is a definition avail- able on rest homes and homes for the aged as exempted in Section 2 and Almquist said he would respond to the question° The public hearing was opened at this point and Cliff Moran, Valley Entrance Motel and Andreds Restaurant owner asked for clarification as to procedure for fees on his restaurant and Fregonese said the fees are based on fixed seating. Fern Taylor, 740 Tolman Creek Road asked if Croman would be included and the City Administrator said it would. Council discussed the basis for fees and Reid noted that AARP had contact her to ask if the tax would exceed the 6% limitation and Laws explained it is like a Water/Sewer user fee except to maintain streets. Almquist read the resolution and said he will bring back amendments lowering fees in some instances and defining rest homes and homes for the aged. Arnold said he will vote "No" on criteria outlined in Section 2. Laws moved to adopt; Acklin seconded the motion. On roll call Bennett, Laws, and Acklin voted YES. Everett, Reid and Arnold voted against. The Mayor broke the tie by voting YES. Acklin reviewed the process for determining approval or denial of applications coming to Council ~roposing various tours of the City. Acklin said that since it has always been a difficult process for Council that a committee to study the issue should be formed before the summer tourist season to set guidelines and make recom- mendations to Council on how to handle the perennial applications. Acklin said because we have no authority by ordinance to deny a permit that it makes the process awkward. Acklin said there is a need for guidelines and that once formulated the availability of tours etc. could be made know through information disseminated by the VCB and Chamber. Acklin said a committee could recommend as to whether or not the City needs an ordinance. Ashland Taxi Owner (franchise-holder) Perkins agreed on the need for guidelines saying that he has had difficulty protecting his business franchis- ed by the City and that con~petition is keen because of various kinds of transportation and non-profit agencies such as the College. VCB representative Teri Koerner said that Perkins feels the Bureau does not want to work with him and they are anxious to cooperate. The Mayor appointed Acklin to act as Chairperson; Perkins, Bennett, Chamber Director James, Koerner and Staff to participate on the Tour Committee and report back. 5/6/86 P.-,4 Kegular Meeting Ashland City Council 5/6/86 P~ 5 PAVEMENT CUT REQUEST MEMORANDUM OF UNDERSTAND- ING WITH FOREST SERVICE CAPITAL IMPROVEMENT SENIOR PROGRAM FUNDING LIAISON ASSIGNMENTS TRAFFIC SAFETY RECOMMENDA- TIONS A letter from Mark Cooper was read requesting permission to cut pavement in the 600 block of Granite Street to serve lots 1500 and 1600 with sewer and water. A memo was read from Director of Public Works Alsing noting the street will be under moratorium and that the lots proposed for sewer and water installation stubs are those which resulted in a denial of like request by Denlinger who is currently suing the City of Ashland for it's action. A letter was read from Marilyn Marthoski Weeks noting that the easement which would need to be used for lines is being tested by Federal Court,~ Cooper said the Federal Court is not hearing a dispute relative to the easement as contended by Marthoski and said the easement had ' been established by Mrs. Couch who had owned the property in the 1950'so Cooper said that Mrs. Couch rerecorded the easement when it was apparent the matter needed clarification° Cooper made a deed available to Council and the City Attorney said that unless the deed is current it wouldn't support the request. Zane Nix requested approval of the request saying that~ she plans to build one home on the two lots if permitted. Alsing advised Council that the City is in litigation over the two lots in question because of the denial of the Denlinger request. Council adjourned to executive session at 9:50 to discuss the matter° Upon returning to the regular meeting Arnold moved to approve the request subject to Cooper producing a current title report showing a legal easement to the property for the sewer and water lines, ingress and egress and that there be a second condition that no litigation be filed within 30 days of the issuance of title report. Laws seconded the motion which passed with Reid, Bennett, Acklin, Laws and Arnold voting YES. Elerath voted NO. Bill Rose of the Forest Service reviewed the Memorandum of Under- standing and Bennett moved to a~thorize the Mayor to sign the document; Laws seconded the motion which passed unanimously on roll call vote. Councilor Reid asked Council to consider setting a study session dates to consider Capital Improvement program. No action needed. Almquist said he will poll Council as to meeting date(s)° The City Administrator noted that funding for the Senior Program has been applied ~or through the RVCOG Area on Aging and the program will be about $2,005.00. Barbara Dunlap was on hand to answer questions and noted she was unable to submit application to Council before the fact because of deadlines. For information onlyo The Mayor advised that Councilor Arnold who had written a memo relative to his liaison assignments would have the same one as previously assigned to Smith. Arnold accepted the positions. A memo from the Traffic Safety Commission recommending that the first six parking spaces north of C Street on the East side of Oak Street be made 30-minute parking rather than unrestricted to allow parking to allow spaces for customers of Ashland Sanitary ....... continued 5/6/86 Pc 5 Regular Meeting Ashland City Council ~/0/~0 Fo~ TRAFFIC SAFETY RECo cont. Service and the Northwest Nature Shop. Lois Wenker was in the audience and commented on the need for spaces for people to pay their bills to preclude double parking and using a private park- ing lot etc. Arnold moved to approve; Bennett seconded the motion which passed unanimously on voice vote° PUBLIC FORUM No comment from the audience. ORDINANCES, RESOLUTIONS & CONTRACTS Establishment of Credit Second reading by title only was given an ordinance with respect to establishing credit and Laws moved to adopt; Acklin seconded the motion which passed unanimously on roll call vote. Garbage Collection Recycling Adoption of Uniform Bldg. Code Second reading by title only was given an ordinance amending the garbage coilection franchise with respect to recycling and Laws moved to adopt; Bennett seconded the motion which passed without opposition on roll call vote. Deferred until meeting of May 20, 1986. Freight Handler~s Fee First reading was given an ordinance authorizing a Freight Handler's Fee at the Ashland Municipal Airport and providing a penalty for violation of the ordinance and Laws moved to second reading; Arnold seconded the motion which passed unanimously on roll call vote. Initiative & Referendum St. Improvement Dist, 56 An ordinance was given first reading amending Section 2,36.100 of the Ashland Municipal Code which relates to the Initiative and Referendum process; and declaring an emergency. Almquist said there is an initiative petition being circulated to set a special election in approximately 5 to 6 weeks before the General Election. Almquist said a special election costs about $3,500° Acklin said that the ordinance makes sense to combine issues to save the expense for taxpayers and added that more people will vote in a Ceneral Election° A1 Willstatter suggested a public hearing before second reading of the ordinance. Acklin moved to second reading; Laws seconded the motion which passed unani- mously on roll call vote° A resolution authorizing issuance of City Improvement Bonds for construction of curbs and paving in what has been designated as Local Improvement District No. 56 was read and Acklin moved to adopt; Reid seconded the motion which passed unanimously on roll call vote. Transfer of Appropriations A memorandum from the Director of Finance was read and a resolution transferring appropriations within funds was read and Laws moved to adopt; Reid seconded the motion which passed unanimously on roll call vote. 5/6/86 P. 6 Regular Meeting Ashland City Council alb/~o ~ I ADJOURNMENT Nan E. Franklin City Recorder The meeting adjourned at 10:30 PoM. Lo Gordon Medaris Mayor 5/6/86 Po 7