Dunes City Planning Archive

Dunes City Planning Commission
M I N U T E S REGULAR SESSION – SEPTEMBER 24, 2009 at 6:00 pm
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City Hall - 82877 Spruce St. , Westlake , OR 97439

1.     Call to Order by Planning Chairman David Bellemore

The Planning Commission meeting was called to order by Planning Chairman David Bellemore at 6:12 p.m.

2.     Swearing in of new Planning Commissioner

Lisa Ekelund swore in Mr. Ken Henderson as a new Planning Commissioner.

3.     Roll call

Roll Call was taken by Lisa Ekelund.

Present: Planning Chairman David Bellemore, Commissioner Marilyn Miller, Commissioner Ken Henderson, and Planning Secretary, Lisa Ekelund.

Absent:    Commissioner Ken Platt (excused), Commissioner Dennis Smith (excused),                         Commissioner Ronald Shearer (excused).

Citizens Present: 15 citizens were present.

4.     Pledge of Allegiance

The Planning Chairman, Commissioners, staff, and citizens present stood for the Pledge of Allegiance.

5.     Approval of the minutes

Planning Commission Minutes of 08/27/09

Commissioner Miller made the motion to approve the minutes of 08/27/09 and Commissioner Bellemore seconded the motion. The motion passed by unanimous vote.

6.     Announcements

Chairman Bellemore congratulated Commissioner Ken Henderson for joining the PlanninCommission.

7.     Public hearing

Amendment to Chapter 157 within Dunes City Code of Ordinances entitled "Septic System Maintenance".

Chairman Bellemore stated this public hearing is to allow for public input. Chairman Bellemore stated some glitches were corrected and some items were added with the intention to make the Ordinance more user friendly. Chairman Bellemore asked the Commissioners if they had any conflicts of interest in this matter.

The Commissioners said they do not have any conflict of interest.

Chairman Bellemore stated he does not have a conflict of interest as well.

Chairman Bellemore said anybody who wishes to speak, may do so at this hearing. Chairman Bellemore explained that this is going to be an orderly meeting and stated all comments are to be recorded and they become part of the public record. Chairman Bellemore said he would not tolerate any outbursts, to include clapping, or booing.

Chairman Bellemore said he will limit the discussion to three minutes and if anyone has more to say, Chairman Bellemore requested they submit their comments in a written form.

Chairman Bellemore asked if there were any questions.

Commissioner Henderson said they have three copies of the amendment in front of them. Commissioner Henderson asked if there was one specific copy the City is working off of.

Chairman Bellemore said one copy is the one that was send to DLCD, one copy is from the Water Quality Committee, and one copy is from the Ordinance Review Committee.

Chairman Bellemore opened the public hearing on the ordinance to amend Chapter 157 within Dunes City Code of Ordinances entitled "Septic System Maintenance" at 6:25 p.m.

Mary Baumeister PO Box 823

Ms. Baumeister asked if the City will continue to make citizens pump every 5 years. Ms. Baumeister said not everyone needs to typically pump every 5 years and she had a property that lasted for as long as 15 years outside of Dunes City .

Chairman Bellemore stated they will keep this provision in the ordinance and explained the various reasons why pumping could be required more frequently. Chairman Bellemore said this is a good average for keeping systems from failing.

Richard Palmer 4713 Foothill Drive

Mr. Palmer asked which version of the ordinance is on the internet and said he could research it later. Mr. Palmer asked if it's just a shotgun thing that everyone gets their systems inspected or is the City going to go after lakefront owners first.

Chairman Bellemore said the guidelines will not change. Chairman Bellemore said it is proposed that if the property is only occupied part time, there wouldn't need to be as frequent of inspections. Chairman Bellemore it is exceptional that people are allowed to put a pump in the lake and drink the water. Chairman Bellemore said the point of all this is to keep the water safe so the citizens can continue to benefit from it.

A gentleman spoke from the audience then approached the Commissioners

The gentleman asked for a summary of the proposed changes.

Chairman Bellemore summarized the changes.

Gerald Wilson 5463 Shirley Lane

Mr. Wilson asked in regards to the draft dated 9/2/09 , where it states the septic system is mapped, who is supposed to map?

Chairman Bellemore said the homeowner or the inspector will do the mapping.

Mr. Wilson read from page 6 under periodic evaluations and questioned that fully functioning systems are not required for pumping as long as they are inspected.

Eric Krohn 5084 Ford Way

Mr. Krohn asked if Dunes City keeps track of the parks such as Honeyman. Mr. Krohn said there is a large increase of usage there and they need to be checked as well. Mr. Krohn said he believes the one on the Cleawox side drains into the lake.

Chairman Bellemore said the City does not have jurisdiction over the parks. Chairman Bellemore said Mr. Krohn does have the power to call the State and complain.

Chairman Bellemore thanked the citizens for their input and closed the public hearing at 6:58 p.m.

Chairman Bellemore said the Commissioners will now have discussion as to what they will recommend to City Council.

Chairman Bellemore said the Commissioners have 3 versions of this ordinance in front of them.

Commissioner Henderson said everyone working on these versions live in Dunes City and thusly will abide by the results; this is not a punitive matter. Commissioner Henderson said the Water Quality Committee are the ones who are responsible in keeping track of the phosphorus levels. Commissioner Henderson said inspection doesn't necessarily mean pumping because it isn't always necessary. Commissioner Henderson explained the work that was done by the Water Quality Committee to amend this ordinance.

Chairman Bellemore said he has looked at all three versions and he believes the water quality committee came up with a really easy to use and easy to read ordinance. Chairman Bellemore said he believes they need to go back and look at all of them. Chairman Bellemore suggested rather than pick one of the ordinances and send it to the Council for the recommendation, they should direct staff to go back and rework them into one document. Chairman Bellemore said then the public could look at one document, make suggestions, and that is the one they could send to the council.

Commissioner Miller made the motion to recommend that the Planning Secretary and Staff incorporate the testimony regarding amendment to Chapter 157 within the Dunes City Code of Ordinances entitled Septic System Maintenance and the three recommendations from the Water Quality Control Committee, and from the Ordinance Review Committee as well as the two letters received from Mr. Fred Hilden and Mr. Larry Lewis into one document to be reviewed by the Planning Commission and to continue the public hearing to the next Planning Commission session to be held on October 22nd., 2009 at 6 p.m. Commissioner Henderson seconded the motion. The motion passed by unanimous vote.

8.     New business

Conservation Committee report on property located at 5405 Huckleberry Lane .

Chairman Bellemore asked if there were any members of the conservation committee present. There were none.

Chairman Bellemore said he was on Mr. McMicken 's property about 4 years ago regarding a tree removal. Chairman Bellemore said from what he remembers, the property owner has a very steep bank.

Commissioner Miller questioned a mark on the map.

Lisa Ekelund retrieved the original document of the map from her office for the Planning Commissions review.

The Planning Commission discussed the application.

Commissioner Miller made the motion to accept the committee report for a tree removal application from Mr. Craig McMicken with the provision they leave the stump cut off 3' above the ground with minimum intrusion to the vegetation, plant 1 conifer seeding for each tree within 10 feet and the property owner can do what they want with the wood they cut down. Commissioner Henderson seconded the motion. The motion passed by unanimous vote.

Chairman Bellemore said any appeal of the Planning Commission decision may be made to the City Council no later than 10 days after the Planning Commissions decision.

9.     Public comment

Mary Baumeister PO Box 823

Ms. Baumeister said she went to a forest service meeting that they had on how to prevent forest fires. Ms. Baumeister said she received information on how landscaping can help to protect our property. Ms. Baumeister provided the Commissioners with the documentation she obtained from the forest service meeting.

John Stead 83505 South Cove Way

Mr. Stead said he is in support of what the City is doing with the septic system ordinance. Mr. Stead said Dunes City is one of the first cities to do this and many cities are looking towards Dunes City as an example. Mr. Stead said on the 12^th of this month he spoke before the Oregon Lakes Association. Mr. Stead said one of the things he touched on was the septic ordinance and he directed them to the web site. Mr. Stead said a person from Devils Lake spoke to him afterwards saying that he (the gentleman) has been asked to put together a septic ordinance for the Devils Lake area and the gentleman optimistically thinks he will be able to do this in a year. Mr. Stead said he thinks Dunes City is ahead of the game and they are breaking ground for the entire State of Oregon .

10.            Unscheduled items not listed on the agenda

·        Conservation Committee report on property located at 82855 Fir St .

Commissioner Miller said according to the code, the property owner does not need a variance. Commissioner Miller noted that the yurt is much less invasive then the prior structure.

Commissioner Henderson asked if the grass is wild and Mr. Dimon said it is.

Chairman Bellemore said the ocean does have a huge capacity to absorb as opposed from the lake. Chairman Bellemore said this is not on the lake and it is particularly not on Woahink Lake . Chairman Bellemore said the yurt is an improvement and the sand does act as a filtering system.

Commissioner Henderson asked if there is plumbing and electrical hooked up.

Mr. Dimon explained that there is a port-a-potty. Mr. Dimon said they have an electric line running to the yurt that was pre-existing.

Commissioner Miller moved they accept the Conservation Committees site review report with the exception that it does not need a conditional use permit but rather it does need a building permit after the fact with appropriate investigation fee and does need to be inspected by the building inspector. Commissioner Henderson seconded the motion. The motion passed by unanimous vote.

11.            Adjournment

There being no further business to come before the Planning Commission,

Commissioner Henderson 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 8:06 p.m.

The proceedings of the Dunes City Planning Commission meeting were recorded on tape, and are filed in the City Recorder's office. The complete minutes of this meeting is filed in the City Recorder's office. Upon approval by the Planning Commission, these minutes will be available online at http://dunescity.com/minutes.htm

Respectfully prepared by,

Signature on file

Lisa Ekelund

Planning Secretary

Approved by the Planning Commission on the 22nd. day of October, 2009,

Signature on file

David Bellemore

Planning Commission Chairman