Dunes City Planning Commission

M I N U T E S  REGULAR SESSION – January 22, 2008 – 7:00 p.m.

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The regular meeting of the Dunes City Planning Commission was called to order at 7:00 p.m. by Planning Vice-Chairman, Ken Platt

City Recorder, Amy Graham administered the Oath of Office to Marilyn Miller Dennis Smith, and David Bellemore

Roll call was taken by Lisa Ekelund.

Present: Vice-Chairman Ken Platt, Commissioner David Bellemore, Commissioner Eggert Madsen and Commissioner Ron Shearer, Commissioner Marilyn Miller, and Commissioner Dennis Smith.

Others Present: Lisa Ekelund, Planning Secretary, Amy Graham, City

Recorder and 1 member of the community.

· Election of new Commission Chairman

Commissioner Shearer made the motion to nominate Commissioner Bellemore as Planning Commission Chairman. Commissioner Smith seconded and after unanimous vote, the motion passed.

Chairman Bellemore stated he is a firm believer of Roberts Rule's of Order and explained procedures on making motions.

· Election of new Commission Vice-Chairman

Chairman Bellemore asked for nominations for vice chairman.

ACTION ITEM

Commissioner Miller made the motion to nominate Commissioner Platt as Vice-Chairman and Commissioner Smith seconded.

City Recorder, Amy Graham said proper procedure would be to allow Commissioner Platt to either accept or decline the nomination.

Commissioner Platt said he would accept the nomination.

ACTION ITEM (cont.)

After unanimous vote the motion passed.

· Presentation of Informational Items from City Recorder, Amy Graham

The City Recorder said she came tonight to swear in the new commissioners and also to discuss timesheets as it is important the volunteers document their time to be covered under workers compensation. The City Recorder said communication with staff is important as 3 unexcused absences will cause possible removal from the commission. The City Recorder said the staff wants the commissioners to feel comfortable contacting the office. The City Recorder asked if the commissioners had any other questions and there were none.

· 12/04/08 Planning Commission Minutes

Chairman Bellemore asked if there are any proposed corrections to the 12/04/08 minutes. Chairman Bellemore noted the importance of accurate corrections and the fact that they need to be a factual representation of what occurred during the meeting.

ACTION ITEM

Commissioner Platt made motion to accept the minutes of 12/04/08 as submitted and Commissioner Shearer seconded. After unanimous vote with Commissioner Miller and Commissioner Smith appropriately not voting, the motion passed.

· Friend Inventory of Vegetation 19-12-22-10-1200

Planning Secretary, Lisa Ekelund updated the Commissioners of the status of the required vegetation inventory.

The City Recorder stated the office received a telephone call from Mrs. Friend who said she will be putting the inventory in the mail that day.

· Nomination of a Road Commission Liaison

Commissioner Platt said he thought Chairman Bellemore should be the liaison.

ACTION ITEM

Commissioner Platt made the motion to have Chairman Bellemore act as the liaison between the Planning Commission and the Road Commission. Commissioner Shearer seconded and after unanimous vote the motion passed.

· Permits

The planning secretary announced in the month of December, 5 building permits and 3 electrical permits were issued.

The planning secretary informed the commission of the City Councils decision to rename the administration fee to now be called the Building Surcharge and the rate was increased from the greatest of 5% or $20.00 to the greatest of 7% or $25.00.

Commissioner Bellemore inquired on the status of the Montgomery development.

The City Recorder said the status of the Montgomery development is it's currently it's at LUBA and the city attorney is expecting to hear from LUBA in June 2009.

Commissioner Bellemore inquired on the status of the Woahink Ridge development.

The City Recorder said the Woahink Ridge development is in litigation with circuit court and it did not go to LUBA. The City Recorder said the Woahink Ridge development should possibly be heard sometime in the month of June in circuit court.

· Hart Dock Registration 19-12-15-40-02401

The planning secretary stated that a dock on the property listed above was coming up for permit renewal with the State of Oregon. The planning secretary said when this was brought to her attention, she found the dock had been moved from its original position and it is on a lot which is non-consistent with Dunes City Code. To this date, the planning secretary has not received a response to the letter sent to Ms. Hart by certified mail.

Commissioner Miller asked what the solution will be. Commissioner Miller asked if they will be required to remove the dock.

Chairman Bellemore explained grandfathering and once it's moved it's no longer considered grandfathered. Chairman Bellemore stated if the owners of the dock want to keep it there they need to apply for a CUP.

The City Recorder said the commission can give the Harts a timeframe to make it legal or to remove it.

Commissioner Bellemore said 90 days to reply would be a good time.

The Planning Commission directed the Planning Secretary to send a letter to the Harts stating 90 days or less they should come to the city to request a CUP, or remove the dock.

ACTION ITEM

Commissioner Miller moved to direct the Planning Secretary to send a letter to the Harts to inform them that in 90 days or less they either need to apply for a conditional use permit, or have the dock removed. Commissioner Shearer seconded and after unanimous vote it passed.

ACTION ITEM

Commissioner Platt made a motion to start the meetings earlier and Commissioner Madsen seconded.

Chairman Bellemore said the commissioners need to keep in mind they need to accommodate others who have to travel then suggested the meeting time of Bellemore said 6pm as being appropriate.

Commissioner Shearer said because of his job he could make 80-90% of the meetings at 6pm and/or be a little late.

ACTION ITEM (cont.)

After unanimous vote, the motion passed to start Planning Commission meetings at 6 pm.

· Atkeson Property Violations 19-12-27-40-02200

The planning secretary said on 12/22/08 she attended a site review of the above noted property. From this site review, the planning secretary composed a staff report which identified violations. The planning secretary announced that the Council has decided to hold an evidentiary hearing for this at the next City Council meeting on 02/12/09 at 7 p.m. at City Hall.

Chairman Bellemore said he went as a conservation committee member but he can't go anywhere without being a commissioner. Chairman Bellemore said his dual duties are not a legal problem because he can either make clear he can make a decision without bias or he would recuse himself.

Chairman Bellemore said he's decided he's going to be leaving the Conservation Committee because it raises too many questions of bias. Chairman Bellemore said he's staying on at the moment because there are a couple new members. Chairman Bellemore said he's staying on long enough to help the committee through the transition and in March at the latest he is out.

Regarding the Atkeson property, Chairman Bellemore said he went twice. Chairman Bellemore said the first time he went, the gate was locked and the second time he went with the planning official. Chairman Bellemore said the property has a salmon bearing stream and there have been numerous violations in the riparian corridor. The Chairman made the point that the City needs to address this towards the property owner and not necessarily the ones who committed the violations.

Chairman Bellemore went into detail of what he was on the property and how the structures relate to the violations of the City Codes.

Commissioner Shearer said if they are growing grass they are probably using fertilizer.

Chairman Bellemore said they couldn't prove the use of fertilizer but it was healthy looking grass.

The City Recorder questioned if the Planning Commissioners should accept the planning secretary's report for recommendation to the City Council.

ACTION ITEM

Commissioner Platt made the motion to accept the Planning Secretary's staff report as written and Commissioner Shearer seconded the motion.

Commissioner Madsen questioned in reference to #4 on the staff report as to what kind of structures are allowed and what size needs a permit?

The Planning Secretary explained permitting rules.

Chairman Bellemore said the conservation committee recommended one of the bridges should be removed and another was gazebo should be moved or removed plus the patio of paving blocks should be removed and that the grass should be dealt with by the no mowing or trimming below 3' thinking it would go back to a natural state by itself.

Chairman Bellemore asked if there would be any further discussion and the Commissioners said no.

After unanimous vote, the motion passed to have the Planning Commissioners accepted the Planning Secretary's staff report on the Atkeson property.

Commissioner Miller made the motion to adjourn and the meeting and Commissioner Platt seconded. After unanimous vote, the meeting adjourned at 8:49 p.m.

Lisa Ekelund

Planning Secretary