Title: C
Author: C Daniel Lindstrom
Last saved by: Hp_Owner

M I N U T E S

Dunes City Planning Commission
Regular Meeting – February 22, 2007 - 7:00 P.M.
City Hall - 82877 Spruce St.
Westlake, OR 97439

COMMISSIONERS PRESENT:	George Burke, Chairperson; Darlene Beckman, Lee Riechel, Ron Shearer, Bill Tizzard.
COMMISSIONERS ABSENT:    Richard Anderson.
STAFF PRESENT:    None.

	1.	CALL TO ORDER
		Chairperson George Burke called the meeting of the Dunes City Planning Commission to order at 7:00 p.m.

	2.	MINUTES APPROVAL
		Commissioner Lee Riechel requested that the vote recorded for the second action reported on Page 1 of the minutes of the January 25 meeting be changed to show it was unanimously adopted, 4:0.
		Chairperson Burke determined there was no objection to the request and the minutes were amended.
		Commissioner Riechel moved, seconded by Commissioner Bill Tizzard, to accept the minutes of the January 25, 2007, meeting, as amended.  The motion was adopted unanimously, 3:0, with Commissioner Darlene Beckman not voting because she had not yet been officially sworn in as a Commission member.

	3.	ANNOUNCEMENTS AND CORRESPONDENCE
		None.

	4.	NEW BUSINESS
		City Councilor David Bellemore administered the oath of office to Darlene Beckman and declared her a member of the Planning Commission, with a term ending December 31, 2007.

	5.	OLD BUSINESS
		Commissioner Riechel asked if there was any report on the status of a recommendation being prepared by the City Attorney for the City Council regarding reorganization of the Planning Commission.  Chairperson Burke replied that he had learned that it would be completed soon.  Commissioner Riechel said he hoped the Planning Commission would have an opportunity to review and comment on the recommendation before it was presented to the Council.

	6.	REPORT OF THE CONSERVATION COMMITTEE
		Chairperson Burke referred to a report of the Conservation Committee regarding vegetation removal and shoreline protection at the residence of George Reedal, 83566 Woodland Lane.
		Councilor Bellemore stated that he represented the Conservation Committee.  He reviewed background information included in the report.  
		Councilor Bellemore said City Councilor Bob Petersdorf had been contacted by the homeowner requesting information about permissions required to remove a tree that was considered to be in danger of falling doing damage to the residence.  He explained that Councilor Petersdorf was called on to make judgments about the condition of trees in the Dunes City right of way as part of his responsibilities on the Road Commission.  He said that Councilor Petersdorf had not been aware that the Conservation Committee was active.  He reported that Councilor Petersdorf had visited the site, agreed with the homeowner’s assessment of the tree, and gave permission for it to be removed.
		Councilor Bellemore reported that City Councilor Peter Howison had contacted him with a concern about the tree removal.  He said he had convened members of the Conservation Committee and visited the site.  He said that even though a large similar tree had fallen in a recent storm narrowly missing the residence, the members had judged the roots of the tree in question to be sound and recommended that it be left in place.
		Chairperson Burke reported that he had been informed that the homeowner intended to reconcile the different views by topping the tree at eight feet, leaving a major branch on its lakeshore side.  He said it appeared the homeowner had done what was required and that no permit was required by relevant sections City Code if the tree had been determined to be a “danger tree” by a representative of the City.
		Richard Reedal, 85221 Ridgetop Drive, Eugene, stated that he represented his elderly parents who were owners and residents of the property being discussed.  He expressed appreciation for the report of the Conservation Committee.  He corrected elements of the report, including the fact that the intention was to remove the entire tree, not just top it.  He said he did not believe the tree was healthy and emphasized the anxiety created for his parents by the possibility of a storm causing it to fall on their home. 
		Mr. Reedal stated that he had filed a Measure 37 claim against the City for and if the tree removal were not approved, doing so would be incorporated into the claim.
		Commissioners discussed the report at length, emphasizing personal experiences with trees falling, the importance of government protecting the mental and physical health of its citizens, the comparative merit and aesthetic of topping versus removing the entire stump of the tree, and the quandary created by contradictory evaluations by different representatives of the City.  Significant effort was exerted to identify the species of tree involved and to describe its characteristic vulnerability to rot, infestation, and storm forces.
		Commissioner Ron Shearer moved, seconded by Commissioner Beckman, to authorize removal of the portions of the tree above its lowest limb considered a danger to the residence at 83566 Woodland Lane, sparing its roots in order to protect the shore of Woahink Lake.
		In response to a question from Councilor Beckman, Chairperson Burk explained that the Planning Commission had authority to make decisions like proposed in the motion and that appeal of the decision was possible to the City Council.
		Commissioners discussed the motion and appeared to reach agreement that cutting the tree at its base and leaving its roots in the soil would provide the same lakeshore protection as toping it.  There appeared also to be agreement that planting replacement trees should be required.
		Councilor Tizzard moved, seconded by Councilor Beckman, to amend to motion, as follows:
				“…authorize removal ~~of the portions of the tree above its lowest limb~~ of the tree considered a danger…” 
		and require that at least two trees of an appropriate species be planted to replace the removed tree.  The amendment was adopted unanimously, 4:0.
		The amended motion was adopted unanimously, 4:0.

	7.	COMMISSION BUSINESS
		Members discussed appropriate preparation and resources for service on the Planning Commission.  The Dunes City Code, especially newly adopted Section 182, its Comprehensive Plan, and Master Road Plan were considered essential.  A training manual prepared by Lane Council of Governments was also identified as a valuable tool.
		Experienced members led discussion about ethics, appropriate meeting conduct, Planning Commission procedures, opportunities, and limitations, and the impacts of ex parte contacts, conflicts of interest quasi-judicial deliberations in Commission business.

		Chairperson Burk identified issues to be considered at the April 25 Planning Commission meeting.

The meeting adjourned at 8:35 p.m.			

________________________________      __________________________________
George Burke, Chairperson		       Planning Secretary   (NONE)

________________________________      __________________________________
Richard Anderson, Planning Commission    William Tizzard, Planning Commission
(Absent)

________________________________      __________________________________
Lee Riechel, Planning Commission              Ron Shearer, Planning Commission

________________________________      
Darlene Beckman, Planning Commission           

 (Recorded by Dan Lindstrom)

MINUTES – Dunes City Planning Commission						Page  of 4
February 22, 2007