Mayor Severson called the regular meeting to order at 7:00 pm and declared a quorum present.  Present were Councilors Hardin, Misner, Davis, Springer, Myers, Calame and Harkenrider.  Councilor Harn was excused.  Staff members in attendance were City Manager Brookshier, City Attorney Luisi, Ray Jones, Clint Spencer, Judge Creasing, Ron Sivey, Marie Baldo, Officer Darryl Johnson and Rhonda Goodman.  News media present was Jennifer Colton of the Hermiston Herald.  The pledge of allegiance was given.

Minutes

Councilor Hardin moved and Councilor Misner seconded that minutes of the August 23 regular meeting be approved for filing.  Motion carried unanimously.

August Expenditures

Councilor Davis moved and Councilor Myers seconded to approve payment of the following August expenditures:  $581,817.85 General; $53,921.87 State Tax Street; $673.50 Transient Room Tax; $205,325.07 Utilities; $60,411.25 911 Communications; $608,213.45 Energy Services; $11,100.00 Revolving Loan; $43,332.64 Regional Water; $62,758.07 WWTP Construction Fund; total $1,627,553.70.  Motion carried unanimously.

Final Replat/Fear

City Planner Spencer reported Ron Fear has submitted an application for a replat of property located at the southwest corner of W. Hermiston Avenue and S.W. 4th Street.  The property consists of one 20,000 square foot lot which contains two structures.  The property is zoned Central Commercial (C-1) and is described as 4N 28 10DA Tax Lot 5500 and 4N 28 10DB Tax Lot 7900.  Although the property is one lot, it has two tax lots because it stretches over two maps. 

The two structures on the property are a multi-tenant retail building and a single-family residence.  Although a residence is a non-conforming use in the C-1 zone, the zone makes provision for existing residences.  When there are existing residences in the C-1 zone, they may be treated with the same zoning requirements applied to R-3 residential property.  In the case of the subject property, the residence sits upon a proposed 6,000 square foot lot in compliance with the minimum lot size for a single-family dwelling in the R-3 zone.

The plat creates two new easements on the site which allow the existing uses to maintain existing land uses while simultaneously allowing the creation of an adequately sized parcel for the residence.  One easement will allow the commercial portion to continue utilizing the paved parking area shared with the residence.  The other easement will allow the residence to utilize a portion of the commercial lot for lawn and landscape purposes.

Staff has reviewed the proposed partition plat and found that it is prepared in accordance with all requirements of the Code of Ordinances and therefore recommends the city council approve the final partition plat.

Councilor Springer moved and Councilor Davis seconded to approve the final replat for Ron Fear.  Motion carried unanimously.

Report/Citizen Complaint Against Police Officer

City Attorney Luisi reported that by law any person can file a traffic complaint in court against any other citizen, even police officers, if the situation warrants such action.  After careful review of the video recording and assessing the facts against the police officer in this case, Mr. Luisi stated he felt the accused police officer had done nothing wrong.  He discussed the facts and laws that prevail in this situation with the citizen; however, informed him that he could still file his complaint with the appropriate court if he so desired.

There was no other business, and the meeting was adjourned at 7:13 pm.

SIGNED:
/s/ Bob Severson
MAYOR

ATTEST:
/s/ Robert D. Irby
CITY RECORDER