Mayor Severson called the regular meeting to order at 7:00 pm and declared a quorum present.  Present were Councilors Hardin, Misner, Davis, Harn, Springer, Calame and Harkenrider.  Councilor Myers was excused.  Staff members in attendance were City Manager Brookshier, City Attorney Luisi, Ray Jones, Clint Spencer, Dan Coulombe, Judge Creasing and Donna Moeller.  News media present was Luke Hegdal of the Hermiston Herald.  The pledge of allegiance was given.

Minutes

Councilor Hardin moved and Councilor Harn seconded that minutes of the January 24 regular meeting be approved for filing.  Motion carried unanimously.

January Expenditures

Councilor Harn moved and Councilor Davis seconded to approve payment of the following January expenditures: 

Motion carried unanimously.

Minutes

Councilor Misner moved and Councilor Hardin seconded that minutes of the January 18 planning commission work session and minutes of the February 9 planning commission meeting be approved for filing.  Motion carried unanimously.

Confirm Appointment/Airport Advisory Committee - Position #4

Councilor Springer moved and Councilor Hardin seconded to confirm the following appointment for the unexpired portion of a three year term ending October 31, 2012:

Airport Advisory Committee - Position #4 - Stephen Parks

Motion carried unanimously.

Res. No. 1885 - Establish a "School Zone" on West Orchard Avenue

Resolution No. 1885 - Establish a "School Zone" on West Orchard Avenue for East and West bound traffic between 6th Street and 7th Street - was read and discussed.  Councilor Harn moved and Councilor Misner seconded that the resolution be approved and laid upon the record.  Motion carried unanimously.

Res. No. 1886 - Delegate Authority to City Manager-Purchasing Manager/Joseph Pump Station

Resolution No. 1886 - Delegate authority to the City Manager to act as the purchasing manager for the Joseph Pump Station Project and declaring an emergency - was read and discussed.  Councilor Harn moved and Councilor Davis seconded that the resolution be approved and laid upon the record.  Motion carried unanimously.

Final Replat - Anderson/Owens

City Planner Spencer stated George Anderson has submitted an application for a replat of property located at 625 and 665 W. Division Avenue.  The property consists of three 9,900 square foot lots which contain two single family dwellings.  The property is zoned Single Family Residential (R-1) and is described as 4N 28 15AB Tax Lot 13100, 13200 and 13300.  The property owners are George and Karen Anderson and Brian and Carolyn Owens.

The intent of the replat is to eliminate the vacant lot separating the two dwellings.  One half of each lot will then be combined with the adjacent residence.  This will result in additional building area for creation of a new structure on both 665 W. Division and 625 W. Division.

The criteria that are applicable to the decision to accept the proposed replat are contained in §154.15 through §154.46, §154.60 through §154.66 and §157.025 of the Hermiston Code of Ordinances. 

Staff has reviewed the proposed partition plat and found that it is prepared in accordance with all requirements of the Code of Ordinances.  Staff recommends the city council approve the final replat.  Councilor Misner moved and Councilor Harn seconded that the final replat for Anderson and Owens be approved.  Motion carried unanimously.

Final Replat - Pederson/Desert Oaks

City Planner Spencer stated Lisa Pederson has submitted an application for a replat of property located at 1127 W. Joseph Avenue and 1105 and 1117 S.W. Desert Oaks Drive.  The property consists of three 6,000 square foot lots which contains single family dwelling and one carport.  The property is zoned Multi-Structure Residential (R-4) and is described as 4N 28 16AD Tax Lots 21900, 22000 and 22100.  The property owner is Desert Oaks LLC.

The intent of the replat is to combine the three lots into two larger lots.  This will result in an increase in lot size from 6,000 square feet for three lots to 9,000 and 12,000 for two lots.  No construction is proposed for 1127 W. Joseph Avenue at this time.

Desert Oaks was originally a manufactured home park which was subdivided under the provisions of ORS 92.835 in 2007.  Under the provisions of ORS 92.835, the number of lots cannot be reduced in a subdivided manufactured home park unless the lots proposed for elimination have never been occupied by a manufactured dwelling.  In the case of the proposed replat, Lot 60 has never been used and will be eliminated.  This portion of the proposal is in conformance with ORS 92.835.

The criteria that are applicable to the decision to accept the proposed replat are contained in §154.15 through §154.46, §154.60 through §154.66 and §157.028 of the Hermiston Code of Ordinances. 

Staff has reviewed the proposed partition plat and found that it is prepared in accordance with requirements of the Code of Ordinances.  Staff recommends the city council approve the final replat.  Councilor Davis moved and Councilor Hardin seconded that the final replat for Pederson/Desert Oaks be approved.  Motion carried unanimously.

Announcement/Planning Commission - Positions 4, 5 and 6

Mayor Severson announced standing committee vacancies on the Planning Commission - Positions #4, #5 and #6 for three year terms beginning April 1, 2011 and ending March 31, 2014.  Deadline for submitting applications is March 8, 2011.

Presentation/Proposed Homeless Shelter - Martha's House

Dave Hughes of the Agape House gave a short presentation on a proposed homeless shelter, stating that Martha's House will be a family shelter located in Hermiston, Oregon serving all of Umatilla and Morrow Counties.  When the facility is complete, it will have five units available for emergency housing and 13 units for long term (3 to 4 months) housing.  Phase 1 will house up to six families.  Martha's House will provide a home-style atmosphere that encourages change, structure and accountability, as well as life changing classes and services that are suited for the entire family.  It will utilize local providers such as Head Start, CAPECO and the Hermiston Public Library and will employee a full time Resident Director to provide stability and oversee programming.  Martha's House will be a community-based and privately funded family shelter - supported by the local churches, business and individuals in our area.

City Manager Brookshier reported that Mr. Hughes is working toward patterning his shelter after an existing and apparently successful national private program for homeless families.  He has approached the City for a financial contribution to assist in the development of the shelter.  Mr. Brookshier asked the council to consider a one-time capital contribution of $150,000, with half of that coming from the General Fund and half from Hermiston Energy Services.  Councilor Harn moved and Councilor Davis seconded to approve the one-time capital contribution of $150,000 for the development of the proposed homeless shelter.  Motion carried unanimously.

Report/Westwood vs. City of Hermiston (Nookies) Lawsuit

City Attorney Luisi reported on the current status of the pending lawsuit between Debra Westwood and the City of Hermiston.  U.S. District Court Judge Anna Brown has taken the case off for trial on February 28, 2011, and is encouraging both parties to resolve this issue between them.  Judge Brown thinks that no matter how she or a jury decides, the losing party will likely appeal that decision to the Federal Court of Appeals.  It's apparent to the City Attorney that "no settlement" is possible: Westwood and Myers want the case to go before a jury and, contrary to the editorial in the February 12 Hermiston Herald, the City just wants the case to go away not the local business.  At this time, the trial is off pending Judge Brown's review again of all the documents submitted by the parties related to the City's motion for summary judgment. 

Report/"A Child Is Missing" Alert Program/Police Chief Coulombe

Chief Coulombe reported "A Child Is Missing" is a Non-Profit organization that assists law enforcement in the early search and recovery of missing children, disabled individuals and the elderly (often with Alzheimer's) by using alert telephone calls.  This organization can place 1,000 calls a minute in the area the missing individual was last seen and to date has assisted in over 800 safe recoveries.  A Child Is Missing is supported by the US Department of Justice and the National Department of Justice and is provided free to all Police Departments and Sheriff's Offices around the nation.  The Hermiston Police Department is excited to have this program since it can be activated when many cases do not qualify for Amber Alert and is not restrained by jurisdictional boundaries.

City Manager Comments

City Manager Brookshier stated there will be a dinner work session at 5:45 pm on March 14, 2011 before the regular council meeting at 7:00 pm.  The topic of the work session will be reports from the Police, Parks and Recreation, Street and Library Departments on their performance measurement work through the ICMA Center for Performance Measurement.

There was no other business, and the meeting was adjourned at 7:50 pm.

SIGNED:
/s/ Bob Severson 
MAYOR

ATTEST:
/s/ Robert D. Irby
CITY RECORDER