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 and Harkenrider.  Staff members in attendance were City Manager Brookshier, City Attorney Luisi, Ray Jones, Clint Spencer, Dan Coulombe, Judge Creasing, Ron Sivey, Marie Baldo, Karen Primmer and Donna Moeller.  News media present were Neill Woelk and Luke Hegdal of the Hermiston Herald and Erin Mills of the East Oregonian.  The pledge of allegiance was given.

Minutes

Councilor Hardin moved and Councilor Misner seconded that minutes of the February 28 regular meeting be approved for filing.  Motion carried unanimously.

Hearing/Annex Land - 403 E. Theater Lane/White

Mayor Severson asked if any councilor wished to declare a potential conflict of interest.  There were none, and the hearing was opened at 7:02 pm to consider annexation of approximately one acre of land located at 403 E. Theater Lane.

City Planner Spencer read the hearing guidelines as follows:

The city council is holding a hearing to consider a request for annexation to the City of Hermiston.  The council will consider the request and make a decision based on the criteria established in §150.05 of the Hermiston Code of Ordinances.  The applicant wishes to annex approximately one acre of land to connect to municipal sewer services, replacing a failed septic system. The applicant is the Steve White of Copper Basin, Inc.

1. The applicable substantive criteria relied upon by the City in rendering the decision to annex the property are contained in §150.05 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 staff report, followed by testimony from the applicants 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 annexation.

City Planner Spencer reported that Steve White of Copper Basin Inc. has submitted a request for annexation of approximately one acre of land located at 403 E. Theater Lane.  The property is described as 4N 28 02BC Tax Lot 1600.  Copper Basin Inc. owns the property and proposes to annex it to the city to connect to municipal sewer services to replace a failed septic system.  The property lies within the urban portion of the urban growth boundary and has a comprehensive plan map designation of Medium Density Residential (M) which corresponds to a Multi-Family Residential (R-3) zoning designation.  Mr. White proposes to annex the property with a R-3 zoning.

The city council initiated proceedings to annex this property on January 25, 2011 through the passage of Ordinance 2168.  Ordinance 2168 did not annex the property to the city.  Rather, this ordinance established that the city council agreed with the applicant that the property should be considered for annexation and established the dates for public hearings to be held on the annexation issue.  The planning commission held a public hearing on March 9, 2011.

There were no proponents or opponents who wished to address the council, and the hearing was closed at 7:05 pm.

Findings of Fact on Annexation

The following findings of fact on annexation were presented:

1. The City has received consent to annexation from the property owner for approximately one acre of land.
2. Notice of public hearing was published in the local newspaper for two consecutive weeks prior to the planning commission hearing.  Notices were also posted in four public places in the city for a like period.  No comments or remonstrances have been received at this date as a result of the publication or posting.
3. Notice of public hearing was published in the local newspaper for two consecutive weeks prior to the city council hearing.  Notices were also posted in four public places in the city for a like period.  No comments or remonstrances have been received at this date as a result of the publication or posting.
4. Affected agencies were notified.  Staff did not receive any comments.
5. A public hearing of the planning commission was held on March 9, 2011.  No comments were received at the hearing.
6. A public hearing of the city council was held on March 14, 2011.  No comments were received at the hearing.
7. The proposal is consistent with all applicable state annexation requirements.
8. Since the property is contiguous to the existing city limits, the annexation is in accord with Comprehensive Plan Policy 4 which promotes compact urban development within and adjacent to existing urban areas to insure efficient utilization of land resources and facilitates economic provision of urban facilities and services.
9. The annexation is consistent with the requirements of Comprehensive Plan Policy 5 relating to annexation.
10. The property is located within the urban portion of the urban growth boundary (UGB) as identified on the comprehensive plan map.
11. The annexation and existing commercial development are consistent with applicable comprehensive plan policies and map designations.
12. This annexation will not have an adverse impact on the area because it is developed in a similar and compatible manner to adjacent properties.
13. Sewer and water are available to service this property in N.E. 4th Street and E. Theater Lane.

Findings of Fact on Zone Designation

The following findings of fact on zone designation were presented:

1. The comprehensive plan map designates the area as Medium Density Residential.  No error in the plan has been identified in regard to this area.
2. The proposed Multi-Family Residential (R-3) zoning designation corresponds with the underlying comprehensive plan designation.

Councilor Davis moved and Councilor Hardin seconded to accept the findings of fact on annexation and the findings of fact on zone designation as presented.  Motion carried unanimously.

February Expenditures

Councilor Springer moved and Councilor Davis seconded to approve payment of the following February expenditures:  $490,424.54 General; $52,561.88 State Tax Street; $1,339.29 Transient Room Tax; $172,298.53 Utilities; $47,979.76 911 Communications; $514,442.35 Energy Services; $24,520.67 Regional Water; $81,284.29 WWTP Construction Fund; total $1,384,851.31.  Motion carried unanimously.

Committee Recommendation/Planning Commission - Positions 4, 5 and 6

The committee recommended making the following appointments to fill standing committee vacancies for three year terms beginning April 1, 2011 and ending March 31, 2014:

• Planning Commission - Position #4 - Jim Sheffield
• Planning Commission - Position #5 - Kathryn Erz
• Planning Commission - Position #6 - Dean Fialka

In accord with council rules, confirmation will be made at the next meeting on March 28, 2011.

Minutes

Councilor Hardin moved and Councilor Davis seconded that minutes of the February 2 airport advisory committee meeting be approved for filing.  Motion carried unanimously.

Ord. No. 2170 - Annex Land - 403 E. Theater Lane/White

Ordinance No. 2170 - Annex land to the City, withdrawing said land from the Umatilla County library district, and designate zoning effective on the 30th day after enactment (White).  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 Harn seconded that Ordinance No. 2170 be adopted.  8 votes for; none against.  Motion carried unanimously.

Council Comments

Councilor Harkenrider congratulated the Hermiston High School girls basketball team for another 4th place finish at State... Mayor Severson commented on the wonderful turnout at the Kiwanis sponsored Mayor’s Prayer Breakfast on Saturday.

City Manager Comments

City Manager Brookshier stated the first Budget Committee meeting will be on May 16, 2011.

There was no other business, and the meeting was adjourned at 7:15 pm.

SIGNED:

/s/ Bob Severson

MAYOR

ATTEST:

/s/ Robert D. Irby

CITY RECORDER