DUNES CITY PLANNING COMMISSION

I.          CALL TO ORDER

            Chair George Burke called the meeting to order at 7:00 p.m.

            ROLL CALL

            Present:  Chair George Burke; Commissioners, Dick Anderson,

                            Ron Shearer, Lee Riechel, William Tizzard; Planning

                            Secretary, Teri Tinker; Office Assistant; Sue Scott;

                            and numerous citizens in the audience.

II.        APPROVAL OF MINUTES

ACTION:       George Burke asked for the approval of the December 28, 2006

Minutes.  Ron Shearer made the motion to approved the minutes. Dick Anderson seconded the motion.  There were 3 ayes, 2 abstained (Tizzard & Riechel).  Motion carried.

III.                  ANNOUNCEMENTS & CORRESPONDENCE - None

IV.       NEW BUSINESS

            1.  Swearing in of Planning Commissioners.

Tinker administered the oath of office to Planning Commissioners William Tizzard and Ron Shearer.

            2.    LCOG training for City Council and Planning Commission.

Burke announced the Ethics and State Laws/LCOG Training Session,

February 17, 2007 at 10:00 a.m. to 4:00 p.m.  Burke asked for a commitment from everyone.  All the Commissioners said they could attend.       

3.      Election of Commission Chair and Vice Chair

ACTION:             Riechel made a motion to nominate George Burke as Planning

                        Commission Chair.  Anderson seconded the motion.  There were

                        4 ayes, 0 nays.  Motion carried.

ACTION:            Anderson made a motion that Lee Riechel be Vice Chair.  Shearer

                        seconded the motion.  There were 4 ayes, 1 nays.  Motion carried.

ACTION:            Burke recommended that Lee Riechel attend the Road Commission

meetings.  Anderson seconded the motion.  There were 4 ayes, 0 nays.    Motion carried.

 V.            OLD BUSINESS   -  None

 VI.             PUBLIC HEARINGS

            1.  Conditional Use Permit CUP01-06 - To move property line of a

                       non-conforming lot.

                      Tinker presented the staff report and findings of fact (Exhibit A) and

                       recommended approval.

                      Burke asked if there were any questions regarding the staff report.

                      There were none.                      

                      Burke read the hearing procedure notifying the public of their rights. 

                      Burke asked the Planning Commission to declare any conflicts of

                      interests.  There were none.  Burke asked the Commission if there were

                            any ex parte contacts.  There were none.

 George Burke opened the public hearing at 7:08 p.m.

                            Burke asked the applicants to come forward and make testimony.

                           Raymond Tucker/Amber Buckwald, 5202 Hilltop Dr., Florence,

                           OR.

                           Applicants stated they accidentally built onto their neighbor's property

                           and the neighbors have agreed to sell part of their property.  Applicants

                           said they are in agreement with the staff report.

                           Justin Howard/Michelle Angilletta, 83335 Spruce Ln., Florence, OR

                            Angilletta stated they have worked out an agreement with the

                            Applicants, but had some concerns with the survey ensuring

                            they are in compliance. 

                            There was some discussion regarding lot line adjustments and

                            conforming lots.

                            Burke asked if anyone in the audience wanted to testify in support

                            of the application.

                            Steve Chun,

                          Chun said he supports how two neighbors can come to an agreement.

                           Burke commented that it's refreshing to see neighbors working

                           problems out.

                           Burke asked if there were any members of the audience who wanted to

                           testify in opposition of the application.  There were none.

                           Burke asked if there was any rebuttal.  There was none.

                           Burke closed the public hearing at 7:30 p.m.

                           DILIBERATIONS:

The Commission added one condition that the result of the line   adjustment to have a minimum of 10 feet from lot line to house and maintain setbacks of the codes.

     ACTION:     Anderson made a motion to approve the conditional use permit with

                           1 condition.  Riechel seconded the motion.  There were 5 ayes, 0 nays.

                           Motion carried.               

           CONTINUATION OF NEW BUSINESS:

                    4.  Proposed Ordinance for the Reduction of Phosphorus Load.  

                         There was a page by page review of the Draft Ordinance for the

                         Reduction of Phosphorus Load.. 

   ACTION:     Anderson made a motion to strike the last sentence " Cryptosporidium

                         and Plesiomonas shigelloides have recently infected individuals

                         consuming water from homes that take their water from lakes in Dunes

                         City" of  Paragraph 2, page 4 of the White paper (Background

 information Document).  Shearer seconded the motion.  There were 4

 ayes and 1 nay. (Tizzard).   Motion carried.

ACTION:     Anderson made a motion to change Paragraph 1, page 9 of the White

Paper to read "The run off from Honeyman and Highway 101 is not being considered along with other significant sources of phosphorus have not been identified”.  Riechel seconded the motion.  There were 5 ayes and 0 nays.  Motion carried.

George Burke said he was concerned about lawsuits regarding page 24 through 27. 

                         Anderson noted that other states are having hearings.

Reichel said the City must determine if they have authority to make these   decisions.

Burke said that when they turn this over to Darnielle, he will verify if meets State Codes. 

ACTION:      Burke made a motion that A-J of Exhibit A-1, be taken out and

reassigned as a summary to the White paper with the recommended   changes.  Anderson seconded the motion.  There were 5 ayes, 0 nays.  Motion carried.

ACTION:      Shearer made a motion to extend the meeting past 9:00 p.m.  Riechel

                          Seconded the motion.  There were 5 ayes, 0 nays.  Motion carried.

                          The Commission made the following changes to Exhibit A-1 (See

                          Exhibit  ):                                  

ACTION:      Anderson made a motion for section D. to read:  Use of phosphate

                       Fertilizer contributes to the amount of phosphorus to lakes in Dunes

                       City.  Riechel seconded the motion.  There were 5 ayes, 0 nays. 

                       Motion carried.

ACTION:      Riechel made a motion to remove the word substantial from section E.

                          Anderson seconded the motion.  There were 5 ayes, 0 nays.  Motion

                          carried.

ACTION:      Shearer made a motion to strike section F from Exhibit A-1. 

                          Anderson seconded the motion. There were 5 ayes, 0 nays.  Motion

                          carried.

   ACTION:      Anderson made a motion to change would to may in section G.

                          Shearer seconded the motion.  There were 5 ayes, 0 nays.  Motion

                          carried.

   ACTION:      Anderson made a motion to strike section H from Exhibit A-1.  Riechel

                          seconded the motion.  There were 5 ayes, 0 nays.  Motion carried.

Bill Tizzard said he would like to see “The purpose of this Ordinance is    to reduce phosphates in the lakes, streams and groundwater” be put right before the definitions.

   ACTION:      Burke made a motion to add a note to inquire with OSU to see if testing

                          is available and if it is, list contact phone number and a list of approved

                          labs with their contact numbers.  Anderson seconded the motion.  There

                          were 5 ayes, 0 nays.  Motion carried.

  ACTION:      Burke made a motion to add, for record, after Dunes City on page 3 (d)

                         Anderson seconded the motion.  There were 5 ayes, 0 nays.  Motion

                         carried.

 ACTION:      Burke made a motion to add the word All at the beginning of section

                         (e), page 3, to delete authorized under section 2.(b) and to add a

                         program for plants & gardens.  Riechel seconded the motion.  There

                         were 5 ayes, 0 nays.  Motion carried.    

  ACTION:      Burke made a motion to have Mark Chandler verify if the word weight

                         On page 3, paragraph 3, (after the commencement date of this ordinance,

                         no person may use any cleaning agent that contains more then 0.5%

                         phosphorus by weight) refers to liquid, powder or both.  Riechel seconded

                         the motion.  There were 5 ayes, 0 nays.  Motion carried.

ACTION:      Burke made a motion to change section 4 (a) on page 3, to read:  Each year

                       The City Council or designated committee shall make available to the

                       Residents of Dunes City a list, by brand name, of the most common

                       fertilizers that do not contain phosphorus.  Anderson seconded the motion.

                       There were 5 ayes, 0 nays.  Motion carried.

ACTION:      Burke made a motion to change the word designee to designated

                       committee in section 4 (b), page 3.  Anderson seconded the motion.  There

                       Were 5 ayes, 0 nays.  Motion carried.

ACTION:      Burke made a motion to change section 4 (c), page 3 to read:

                       Upon passage of this ordinance, the City Council or designed

                       Committee shall make available to the residents of Dunes City

                       a list, by brand name, of non-phosphorus automatic dishwasher

                       detergents.  Anderson seconded the motion.  There were 5 ayes,

                       0 nays.  Motion carried.

ACTION:      Burke made a motion to change the word designee to designated

                       committee in section 4 (d), page 3.  Anderson seconded the motion.  There

                       Were 5 ayes, 0 nays.  Motion carried.

                        Note:  Mark Chandler is to verify if the information in section 4 (e), page

                        3 are automatically on new systems.

ACTION:      Burke made a motion to remove (f) and (g) of section 4, page 4 and

                        be added to the Septic Ordinance at a future date.  Shearer

                        Seconded the motion.  There were 5 ayes, 0 nays.  Motion carried.

 VII.               UNSCHEDULED BUSINESS

                       Proposal for code section 154 reorganization.

                       There was a discussion regarding (Exhibit C) and the need to

                       Provide continuity in the organization of the code of ordinances.

ACTION:      Riechel made a motion to make a recommendation to the CCI

                       use Exhibit C as a format.  Shearer seconded the motion.  There

                       were 5 ayes, 0 nays.  Motion carried.

                        Fee Schedule.

                        Tinker brought up the need to correct the current fee schedule

                         (Exhibit D).  The Commission made the following changes to

                         the fee schedule:

                        Ballot Measure 37's - Application Deposit:  $250.00

                        Modifications or Extension - Application Deposit:  $250.00 

                        Pre-Application Conference:  $250.00

                        Expedited Land Divisions:  $750.00    

ACTION:     Burke made a motion to recommend approval and forward to the

                       City Council.  Riechel seconded the motion.  There were 5 ayes,

                       0 nays.  Motion carried.

                       Time Limit on Meetings.

  ACTION:    Burke made a recommendation that the Planning Commission

                       not allow meetings go past 12:00 p.m., no new business to start

                       after 11:00 p.m., except under extraordinary circumstances, and

                       must be approved with a unanimous vote and recommend the

                       City Council adopt the same timeframe.  Riechel  seconded the

                       motion.  There were 5 ayes, 0 nays.  Motion carried.

                      Revision:  Chapter 32 Planning Commission.

                      Discussion regarding review of City Council charter, section 32

                      and reflect change that new Planning Commission role under

                      Limited land use.         

ACTION:      Riechel made a motion to recommend that Planning Commissioner's

cannot serve more then 2 years be removed.  Shearer seconded the motion.  There were 5 ayes, 0 nays.  Motion carried.

 IX.         ADJOURNMENT

            Burke adjourned the meeting at 10:46 p.m.

________________________________      __________________________________

George Burke, Chairperson                    Teri Tinker, Planning Secretary

________________________________      __________________________________

Richard Anderson, Planning Commission    William Tizzard, Planning Commission

________________________________      __________________________________

Lee Riechel, Planning Commission           Ron Shearer, Planning Commission