Title: Planning Commission
Author: Dunes City
Last saved by: Richard

Dunes City Planning Commission Meeting Minutes ~ Approved                               
August 26 at 6:00 pm
City Hall ~ 82877 Spruce St., Westlake, OR 97439

1.	Call to Order 

The Planning Commission meeting was called to order by Planning Chairman, Lee Riechel at 6:04 pm.

2.	Roll Call

Roll Call was taken by Lisa Ekelund.

Present:  	Planning Chairman Lee Riechel, Planning Vice-Chairman Tom Bassett, Commissioner David Bellemore, Commissioner Ken Henderson, and Commissioner Marilyn Miller.

Absent:  	Commissioner Ken Platt (excused).

Others Present:	Lisa Ekelund.

3.	Pledge of Allegiance

All who were present stood for the Pledge of Allegiance.

4.	Approval of the Agenda

Commissioner Henderson made the motion to approve the Agenda.  Commissioner Miller seconded the motion.  The motion passed by unanimous vote.

5.	Consent Agenda

•	Approval of the 07/22/10 meeting minutes

Chairman Riechel stated that the approval of the minutes would be for 07/22/10 minutes rather than 07/08/10 minutes as stated on the Agenda.

Commissioner Bassett made the motion to accept the Planning Commission meeting minutes of 07/22/10.  Commissioner Bellemore seconded the motion.  The motion passed by unanimous vote.

6.	Announcements / Correspondence

Chairman Riechel said the nature of tonight's meeting is to have a workshop on the code     review.  Additionally, Chairman Riechel said he would like to discuss the possibility of   keeping the adjournment time of the meeting the same but possibly moving the start time to     6:30 pm.

Commissioner Miller said she prefers the meeting to start at 6:00 pm.

Commissioner Henderson suggested starting at 4:00 pm or 3:00 pm.

Commissioner Miller asked if they could start at 4:30 pm.

Chairman Riechel said he would like to have Lisa talk this question over with the City       Recorder to conclude what the earliest time to start could be.

Chairman Riechel said he would discuss this matter with Lisa along with the City Recorder next week.  Chairman Riechel said this topic would be placed on next month's Agenda.

Commissioner Bassett said in the minutes of the last meeting, Chairman Riechel stated there would be a complaint coming up this month. 

Chairman Riechel said the Conservation Committee went out on Woodland Lane because of a complaint received.   Chairman Riechel said the Committee wrote a report and Councilor Howison spoke of it at the last City Council meeting.  Chairman Riechel said the City    Council made a decision and acted on it.  Chairman Riechel said the Planning Commission does not get involved with vegetation removal in the Shoreland when it pertains to a        complaint.

Chairman Riechel said he attended the last Road Commission meeting and there were no    issues that affected the Planning Commission.

Commissioner Bassett asked for the status of the code-review that the Planning Commission did as a group.

Chairman Riechel explained the steps that have been taken and noted that the process can be slow.

Lisa Ekelund explained the process of the code audit and the costs involved with                 notifications.

7.	Citizen Input 

There was no citizen input.

8.	Unfinished / Old Business

•	Code Audit Discussion

Chairman Riechel said it is important that the City has code to work with that does not cause    errors.  Chairman Riechel said the courts and LUBA also know that through the progression of authority or the progression of hierarchy in the law, the top of the law begins with the State Comprehensive Plan.  Chairman Riechel said the next step is that the City writes its Comprehensive Plan and the State approves it.  Chairman Riechel said the Comprehensive Plan is not something the City can do but rather, it is a plan and the City's obligation is to write Code that blends the City's needs and requirements into every last applicable policy in the Comprehensive Plan.  Chairman Riechel continued his explanation of the process for land use decisions and the rolls of the Staff Report, Findings of Fact, and Conclusions of Law.  

Commissioner Bellemore said there are many people who do not understand the point of the Comprehensive Plan in that they think it carries the weight of law but it does not.           Commissioner Bellemore said the Comprehensive Plan is absolutely unenforceable in a court of law.  Commissioner Bellemore said the Comprehensive Plan gives a general direction or atmosphere for a City.  Commissioner Bellemore said the Comprehensive Plan guides the formation of the law.

The Planning Commission reviewed the suggested changes to DCC 155.4.1.9.E as provided by Chairman Riechel.  

Chairman Riechel said currently 155.4.1.9.E states, "The conduct of a hearing on an            application for a limited land use shall be the same as a Type III proceeding, as provided by Section 155.4.1.6.E."  Chairman Riechel proposed that 155.4.1.9.E is changed and shall state, "Except for all references to the City Council, the conduct of a hearing on an application for a Limited Land Use Decision (LLUD) shall be the same as a Type III proceeding, as         provided by Section 155.4.1.6.E.  The process for a LLUD shall be as specified in 155.4.1.9.F below." 

Commissioner Bellemore made the motion that the Planning Commission forward Chairman Riechel's suggestion to the City Council with the Planning Commission strongly recommending DCC 155.4.1.9.E be changed and also be sent to Legal Council for review to ensure that the problem is solved.  Commissioner Miller seconded the    motion.  The motion passed by unanimous vote.

The Planning Commission reviewed the suggested changes to DCC 155.2.3.200 as provided by Chairman Riechel.  

Commissioner Bassett made the motion to accept Chairman Riechel's recommendations to DCC 155.2.3.200 and forward the recommendations to the City Council.  Commissioner Henderson seconded the motion.  Commissioner Bassett stated that he reconsidered his motion and he would feel more comfortable if the Planning            Commission reviewed the code further.  Commissioner Bassett withdrew his motion and requested to have the topic placed on next months Agenda along with Ordinance 154.  Commissioner Henderson withdrew his second to the motion.

Chairman Riechel requested that Lisa order the most current edition of the Oregon Marine Board Book so that construction requirements may be reviewed.

9.	New Business

There was no discussion regarding new business.

10.	 Unscheduled items not listed on the agenda

There was no discussion regarding unscheduled items not listed on the Agenda.

11.	 Adjournment

There being no further business to come before the Planning Commission,               Commissioner Bellemore made the motion to adjourn the meeting.  Commissioner Miller seconded the motion.  The motion passed by unanimous vote.

The meeting of the Dunes City Planning Commission adjourned at 8:51 pm.

The proceedings of the Dunes City Planning Commission meeting were recorded on tape, and are on file at City Hall.  Upon approval by the Planning Commission, these minutes will be available online at www.dunescity.com

Approved by the Planning Commission on the 23rd day of September 2010.

[ Signed copy available at City Hall ]
Lee Riechel, Planning Commission Chairman

ATTEST:

[ Signed copy available at City Hall ]
Lisa Ekelund

Dunes City
Dunes City Planning Commission meeting minutes 20100722 ~Approved
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