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, Myers, Calame & Harkenrider. Staff members in attendance were City Manager Brookshier, City Attorney Luisi, Ray Jones, Clint Spencer, Dan Coulombe, Judge Creasing, Ron Sivey and Donna Moeller. News media present were Neill Woelk and Luke Hegdal of the Hermiston Herald. The pledge of allegiance was given.

Minutes

Councilor Hardin moved and Councilor Misner seconded that minutes of the July 11 regular meeting be approved for filing. Motion carried unanimously.

Report/National Guard Delta Company

Karen Zacharias reported there will be a work party on Thursday, July 28 at 6:00 pm at the National Guard Armory to make welcome home posters for the 137 members of the National Guard Delta Company, who are returning home from Afghanistan. They will be arriving in Hermiston sometime the first or second week of September. City Manager Brookshier stated the City will assist with a motorcade.

Hearing/Amending Chapter 157 of the Hermiston Code of Ordinances/Periodic Review Process

Mayor Severson asked if any councilor wished to declare a potential conflict of interest. There were none, and the hearing was opened at 7:05 pm to consider the adoption of multiple ordinances amending Chapter 157 of the Hermiston Code of Ordinances as a part of the Periodic Review process.

City Planner Spencer read the hearing guidelines as follows:

The City Council is holding a hearing to consider the adoption of multiple ordinances amending Chapter 157 of the Hermiston Code of Ordinances as a part of the Periodic Review process. The work tasks which are completed and proposed for adoption are as follows:

1. Ordinance No. 2177 which amends the comprehensive plan and zoning ordinance to modify the public involvement procedures, adding new on-site postings for all land use actions, and performing minor housekeeping on the zoning ordinance for compliance with state and federal laws.
2. Ordinance No. 2178 which amends the comprehensive plan policies for commercial development to reflect the findings of the economic opportunities analysis.
3. Ordinance No. 2179 which amends the comprehensive plan policies for residential development to reflect the findings of the residential needs analysis.
4. Ordinance No. 2180 which amends the subdivision and zoning ordinances to allow for a greater variety of housing types as recommended by the residential needs analysis.
5. Ordinance No. 2181 which amends the comprehensive plan to add the economic opportunities analysis, residential needs analysis and buildable land inventory as appendices.

City Planner Spencer state that:

1. The applicable substantive criteria relied upon by the City in rendering the decision to authorize the proposed ordinance amendments are contained in '157.226(E) of the Hermiston Code of Ordinances.
2. Testimony and evidence must be directed toward the criteria described above or other criteria in the comprehensive plan or land use regulations which the person believes apply to the decision.
3. Failure to raise an issue by the close of the record at or following the hearing, in person or by letter, precludes appeal to the Land Use Board of Appeals (LUBA) or the city council based on that issue.
4. Failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to that issue precludes appeal to LUBA or the city council based on that issue.
5. Failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court.
6. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application. The planning commission shall grant such a request by continuing the public hearing pursuant to ORS 197.763(6)(B) or leaving the record open for additional written evidence, arguments or testimony pursuant to ORS 197.763(6)(C).

For this hearing, the process begins with the Periodic Review Work Task Adoption report, followed by testimony from the City and any other supporters of the application. This will be followed by opponents to the application. Finally, a rebuttal by the applicant will be allowed. The public hearing portion of the procedure will then be closed, and the city council will consider the information and testimony received, adopt findings of fact, and make a decision on adoption of the proposed ordinance amendments.

City Planner Spencer stated the City has been working towards completion of periodic review work tasks since September of 2010. The City has been working with Johnson-Reid from Portland on new policies relating to public participation (Goal 1), economic development (Goal 9) and residential development (Goal 10). This work was funded through a periodic review grant from the State of Oregon.

Ordinances 2175 and 2176 were originally planned for consideration at this council meeting. However, the planning commission requested some textual revisions and continued their hearing on those items to the September planning commission meeting. No action or hearing will be held on those work tasks.

All of the documents proposed for adoption have been reviewed by the planning commission through several public meetings as well as presented to the general public in an open house on May 17, 2011. The policies and codes have been modified to reflect the comments received at these meetings.

The adoption of all of the proposed work tasks are subject to public hearings. Per '157.232 of the Hermiston Code of Ordinances, where multiple amendments or zone changes are proposed, the hearing and application may be applied for and conducted at one time.

Ordinance No. 2177 amends the new comprehensive plan policy and zoning ordinance requirement that land use actions be physically posted on each site. Also, amends time limit for land use decisions to remove specific date ranges and substitutes compliance with governing ORS.

Ordinance No. 2180 amends the new subdivision ordinance provision codifying flag lot standards. Flag lots must have at least 25 feet of frontage, flags must be paved to a width of at least 20 feet, no more than two parcels may utilize one flag and the Aflag pole@ will not count in lot size calculations. Also, amends zero lot line provisions added to subdivision and zoning ordinances, common wall dwellings can be built in R2, R3, R4 and RR zones and density and lot coverages are the same as for multi-family dwellings.

City Planner Spencer introduced Jerry Johnson of Johnson Reid, LLC of Portland, Oregon.

Mr. Johnson reported through his firms work with City staff a "Community Vision" statement was developed as follows:

The City of Hermiston aspires to become the regional center for trade and industry through the following actions:

• Insuring an adequate supply of industrial land in large parcels to provide job creation and economic growth.
• Insuring an adequate supply of commercial land in the downtown and along commercial corridors.
• Removing barriers to commercial redevelopment to ensure a modern and efficient commercial base.
• Continue to provide leadership in identifying and locating new, and expanding existing, industrial and commercial businesses into the City.
• Providing adequate infrastructure to support all employment activities through public and private funding sources.

He stated local economic trends indicate that Umatilla Counties unemployment rate is lower than the state average. Goal 9 - Economic Opportunities Analysis - Target Industries in this area are as follows: Agriculture Support/Food Manufacturing, Agritourism, Regional Retail and Warehousing/Distribution. Under the medium growth scenario, the employment forecast indicates that by the year 2030 Hermiston should see the creation of 2,772 new jobs. Commercial and Industrial Land needs as follows: forecast of office space demand - 25.4 acres, forecast of industrial space demand - 117.1 acres, retail commercial land needs - 25.2 acres. Hermiston functions as a regional retail center with retail sales far exceeding the demand associated with city residents. Goal 10 - Housing Analysis - indicates a good match of estimated need and available housing. Given the projected annual population growth rate of 2.2 percent the total estimated 2030 population will be 25,834. Reconciliation of housing needs versus capacity indicate by the year 2030 a total 3,881 new units will be needed and the capacity of vacant lands in units is 11,893.

Mike Robinson, the City's land use counsel from Perkins Coie, reported an email was received regarding the Goal 5 - Natural Resources element of the Periodic Review. He stated the water resources will be addressed during the city's Goal 5 review in the next biennium.

There were no proponents or opponents who wished to address the council, and the hearing was closed at 8:00 pm.

Findings of Fact:

The following findings of fact were presented:

Findings of Fact B Ordinance No. 2177

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with '157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. The amended language contained in Ordinance 2177 is designed to increase public awareness of proposed land use actions, thereby increasing public participation in the planning process.
8. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
9. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
10. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.
11. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
12. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
13. Several noticing requirements have been amended by the Oregon legislature and incorporated into ORS 197 governing local government planning. The Hermiston code contains outdated time requirements which must be amended and brought into conformance with the governing ORS.

Findings of Fact B Ordinance No. 2178

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with '157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.
10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
12. The existing comprehensive plan, adopted in 1983 did not contain an economic opportunities analysis as mandated by OAR 660-009-0015. Johnson Reid has prepared an EOA which has been determined by DLCD to be in compliance with the governing OAR.
13. The existing comprehensive plan did not contain an inventory of buildable commercial land. Johnson Reid has prepared an inventory of vacant and buildable commercial and residential lands.
14. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for commercial land over the 20 year planning horizon.
15. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
16. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.
17. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for industrial land over the 20 year planning horizon.
18. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
19. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.

Findings of Fact B Ordinance No. 2179

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with '157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.
10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
12. The existing comprehensive plan, adopted in 1983 did not contain a residential needs analysis as mandated by OAR 660-008. Johnson Reid has prepared a needs analysis which has been determined by DLCD to be in compliance with the governing OAR.
13. The existing comprehensive plan did not contain an inventory of buildable residential land. Johnson Reid has prepared an inventory of vacant and buildable commercial and residential lands.
14. The residential needs analysis shows that Hermiston has 1,995 available residential acres which can accommodate approximately 11,000 additional housing units. Over the 20 year planning horizon, land for approximately 3,800 housing units will be needed. The available residential land exceeds the necessary supply.

Findings of Fact B Ordinance No. 2180

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with '157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.
10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
12. The addition of new provisions for flag lots allows for existing large lot, legacy housing in the residential core to add additional housing stock without costly extensions of public services and will allow unusually shaped lots to utilize unused space for additional development.
13. The addition of new provisions for zero lot line and common wall housing will allow for the creation of smaller individually owned lots while maintaining the underlying density of the zone. The smaller lots will provide an affordable alternative to traditional detached housing development.
14. Policy 20 requires the city to provide land and building opportunities to meet the housing needs of buyers of all income levels. The proposed provisions are designed to create opportunities for affordable housing with low development costs in existing neighborhoods.

Findings of Fact B Ordinance No. 2181

1. Notice of the planning commission hearing was published in the Hermiston Herald at least 20 days prior to the hearing in accordance with '157.226 of the Hermiston Code of Ordinances.
2. Testimony was received as a result of the publication of the notice.
3. The planning commission held a public hearing on July 13, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
4. The city council held a public hearing on July 25, 2011 in accordance with '157.266(F) of the Hermiston Code of Ordinances.
5. A public workshop was held by the planning commission on May 11, 2011 where testimony was received by the planning commission.
6. An open house was held on May 17, 2011 where the public was invited to attend and review the proposed amendments.
7. The amendment is the result of a periodic review order issued by the Department of Land Conservation and Development and was developed in cooperation with DLCD staff.
8. A notice of public hearing was provided to all affected agencies by direct mail. No comments were received as a result of that mailing.
9. All proposed amendments were sent to the Periodic Review Assistance Team consisting of staff from a variety of state agencies.
10. Policy 2 requires the City to monitor the comprehensive plan and periodically undertake major revisions to accommodate the changes in growth patterns and insure adequate buildable land for a 20 year demand.
11. In 2007 the state of Oregon mandated that the city begin a periodic review of the comprehensive plan and land use regulations.
12. The existing comprehensive plan, adopted in 1983 did not contain an economic opportunities analysis or residential needs analysis as mandated by OAR 660-009-0015 and OAR 660-008 respectively. Johnson Reid has prepared an EOA and residential needs analysis which has been determined by DLCD to be in compliance with the governing OAR.
13. The existing comprehensive plan did not contain an inventory of buildable commercial or residential land. Johnson Reid has prepared an inventory of vacant and buildable commercial and residential lands.
14. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for commercial land over the 20 year planning horizon.
15. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
16. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.
17. The economic opportunities analysis and commercial land inventory prepared by Johnson Reid demonstrate the analyzed need for industrial land over the 20 year planning horizon.
18. According to the land inventory and EOA, the city will require between 94 acres in a low growth scenario and 237 acres in a high growth scenario.
19. The city has approximately 501 acres of commercial and industrial land available to meet the 20 year demand.
20. Policy 20 requires the city to provide land and building opportunities to meet the housing needs of buyers of all income levels. The proposed provisions are designed to create opportunities for affordable housing with low development costs in existing neighborhoods.

Councilor Myers moved and Councilor Hardin seconded to accept the findings of fact in support of the amendments in Ordinances 2177, 2178, 2179, 2180 and 2181. Motion carried unanimously.

Proclamation/Geography Awareness Week

Mayor Severson read a proclamation declaring August 1 through 7, 2011 to be Geography Awareness Week in the City of Hermiston.

Minutes & Report

Councilor Harn moved and Councilor Davis seconded that the June manager's monthly report and minutes of the June 29 library board meeting be approved for filing. Motion carried unanimously.

Ord. No. 2177 - Amend Comprehensive Plan and Zoning Ordinance for Public Involvement

Ordinance No. 2177 - Amend Comprehensive Plan and Zoning Ordinance for public involvement procedures, effective on the 30th day after enactment. Mayor Severson requested that the first reading be by title only. Hearing no opposition, City Attorney Luisi read the ordinance by title only. Mayor Severson requested that the ordinance be put on for final adoption at this meeting and that the second reading be by title only. After City Attorney Luisi read the ordinance by title only for the second reading, Councilor Springer moved and Councilor Hardin seconded that Ordinance No. 2177 be adopted. 8 votes for; none against. Motion carried unanimously.

Ord. No. 2178 - Amend Comprehensive Plan for Policies Relating to Economic Development

Ordinance No. 2178 - Amend Comprehensive Plan for policies relating to economic development, effective on the 30th day after enactment. Mayor Severson requested that the first reading be by title only. Hearing no opposition, City Attorney Luisi read the ordinance by title only. Mayor Severson requested that the ordinance be put on for final adoption at this meeting and that the second reading be by title only. After City Attorney Luisi read the ordinance by title only for the second reading, Councilor Misner moved and Councilor Hardin seconded that Ordinance No. 2178 be adopted. 8 votes for; none against. Motion carried unanimously.

Ord. No. 2179 - Amend Comprehensive Plan for Policies Relating to Residential Development

Ordinance No. 2179 - Amend Comprehensive Plan for policies relating to residential development, effective on the 30th day after enactment. Mayor Severson requested that the first reading be by title only. Hearing no opposition, City Attorney Luisi read the ordinance by title only. Mayor Severson requested that the ordinance be put on for final adoption at this meeting and that the second reading be by title only. After City Attorney Luisi read the ordinance by title only for the second reading, Councilor Davis moved and Councilor Hardin seconded that Ordinance No. 2179 be adopted. 8 votes for; none against. Motion carried unanimously.

Ord. No. 2180 - Amend Zoning Ordinance and Subdivision Ordinance for New Residential Uses

Ordinance No. 2180 - Amend Zoning Ordinance and Subdivision Ordinance for new residential uses, effective on the 30th day after enactment. Mayor Severson requested that the first reading be by title only. Hearing no opposition, City Attorney Luisi read the ordinance by title only. Mayor Severson requested that the ordinance be put on for final adoption at this meeting and that the second reading be by title only. After City Attorney Luisi read the ordinance by title only for the second reading, Councilor Davis moved and Councilor Misner seconded that Ordinance No. 2180 be adopted. 8 votes for; none against. Motion carried unanimously.

Ord. No. 2181 - Adopt Commercial and Residential Needs Analyses and Land Inventories

Ordinance No. 2181 - Adopt Commercial and Residential Needs Analyses and Land Inventories as appendixes to the Comprehensive Plan, effective on the 30th day after enactment. Mayor Severson requested that the first reading be by title only. Hearing no opposition, City Attorney Luisi read the ordinance by title only. Mayor Severson requested that the ordinance be put on for final adoption at this meeting and that the second reading be by title only. After City Attorney Luisi read the ordinance by title only for the second reading, Councilor Myers moved and Councilor Hardin seconded that Ordinance No. 2181 be adopted. 8 votes for; none against. Motion carried unanimously.

Unscheduled Communications

Joe Thompson, 582 E. Main Street, asked the city council and police department to consider increasing the number of officers on patrol during weekend hours and late evenings to help insure public safety. He felt a stronger law enforcement presence would improve the livability factor for Hermiston.

John Kirwan, 664 E. Oregon Avenue, asked if the city council felt Hermiston has a gang problem. He stated he had seen several signs of Agang tagging@ and was concerned. Chief Coulombe responded to his concerns, stating the police department has one officer on the force that is assigned just to the gang problems in Hermiston. He reported there are several gang affiliations in the Hermiston area and that the gang graffiti is very complex in nature. The police department is vigilant in curtailing gang activities. Chief Coulombe asked Mr. Kirwan to stay after the council meeting and visit with him, stating he was interested in hearing more details about his concerns.

Council Comments

Councilor Myers reminded the council that Tuesday, August 2 is National Night Out...Councilor Harkenrider thanked the city street crews for the great job they did during Funfest and the 3 on 3 Basketball Tournament... Councilor Hardin stated City Planner Spencer, the planning department and the outside consultants did an excellent job on the Periodic Review work.

City Manager Comments

City Manager Brookshier reminded the councilors they were to meet at the fire station at 6:15 pm on Tuesday, August 2 for the National Night Out activities... regarding the Fair Parade on Saturday, August 6, they need to be on the float by 6:00 pm along Highland Avenue.

Report/Weekend Robberies - Police Chief Coulombe

Chief Coulombe gave a brief report on the two robberies that occurred last weekend, stating that an exceptional investigative job was done on both cases and that a suspect had been identified in both cases.

There was no other business, and the meeting was adjourned at 8:45 pm.

SIGNED:
/s/ Bob Severson
Mayor

ATTEST:
/s/ Robert D. Irby                                 
City Recorder