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, Ron Sivey, Ivan Anderholm, Russ Dorran 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 Davis seconded that minutes of the May 9 regular meeting be approved for filing.  Motion carried unanimously.

Hearing/Annex Land - 290 E. McKinney Avenue/Watkinds

Mayor Severson asked if any councilor wished to declare a potential conflict of interest.  There were none, and the hearing was opened at 7:03 pm to consider annexation of approximately  105,000 square feet of land at 290 E. McKinney Avenue.

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 city 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 105,000 square feet of land to connect to the city sewer system. The applicants are Steve and Tammy Watkinds.

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 city council 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 Watkinds has submitted a request for annexation of approximately 105,000 square feet of land located at 290 E. McKinney Ave.  The property is described as 4N 28 14CD Tax Lot 400.  Steve and Tammy Watkinds own the property and propose to annex it to the city to connect to municipal sewer services prior to constructing a single family residence.  The property lies within the urban portion of the urban growth boundary and has a comprehensive plan map designation of Low Density Residential (L) which corresponds to a Single-Family Residential (R-1) zoning designation.  The applicant proposes to annex the property with an R-1 zoning designation.

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 105,000 square feet 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 received comments from the Umatilla County Planning Department.
5. A public hearing of the planning commission was held on May 11, 2011.  No comments were received at the hearing.
6. A public hearing of the planning commission was held on May 23, 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 S. First Street.  In accordance with development standards in §157.164(D)(2) of the Hermiston Code of Ordinances, utilities shall be extended in E. McKinney Avenue at the time of connection.

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 Low Density Residential.  No error in the plan has been identified in regard to this area.
2. The proposed Single-Family Residential (R-1) zoning designation corresponds with the underlying comprehensive plan designation.

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

Unscheduled Communications

Mayor Severson welcomed Boy Scout Troop #679.  A large number of scouts were in attendance earning their Communication and Citizenship badge.

Report/Martha’s House - Homeless Shelter Project

Dave Hughes of the Agape House gave an up-date on the progress being made in the fund raising efforts for Martha’s House, the proposed homeless shelter.  Mr. Hughes introduced the Agape House Board members: Joseph Thornton, Vice-Chair, Cindy Meyers, Carol Ottmar, Woody Koenig and Doug Alvarez.  He stated 80% of the funding needed to complete Phase I has been secured.  The board voted unanimously at their last meeting to move forward with the engineering design work and to submit a site plan to the City for consideration.  The City Councilors and City staff were invited to the ground breaking ceremonies on June 30th at 3:00 pm.

Minutes & Report

Councilor Hardin moved and Councilor Myers seconded that the April manager’s monthly report and minutes of the April 27 special committee meeting regarding the City Manager Performance Appraisal Criteria be approved for filing.  Motion carried unanimously.

Committee Report/City Manager Evaluation Criteria

Councilor Harn reported the criteria review committee met on April 27 and are recommending adoption of the revised City Manager Performance Evaluation documents as presented.  Also, the committee will continue to meet to formulate a complete City Manager Evaluation Hiring Criteria packet for use when needed in the future.  Councilor Harkenrider moved and Councilor Davis seconded to adopt the revised City Manager Performance Evaluation document.  Motion carried unanimously.

Ord. No. 2173 - Annex Land - 290 E. McKinney Avenue/Watkinds

Ordinance No. 2173 - Annex land to the City, withdrawing said land from the Umatilla County library district, and designate zoning effective on the 30th day after enactment (Watkinds).  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 Myers seconded that Ordinance No. 2173 be adopted.  8 votes for; none against.  Motion carried unanimously.

Proclamation/Annexing Watkinds Land

A proclamation was presented annexing the Watkinds land which is approximately 105,000 square feet of land located at 290 E. McKinney Avenue.

Liquor License Application/The Local Place, LLC

Following a favorable report from Police Chief Coulombe, Councilor Myers moved and Councilor Davis seconded to approve a liquor license application for The Local Place, LLC located at 508 Main Street, a new outlet for full on-premise sales.  Motion carried unanimously.

Request Street Closure/3 on 3 Basketball Tournament

Larry Usher, representing the 3 on 3 Basketball Tournament, requested a street closure from 7:00 pm on Friday, July 15th until 6:00 pm on Sunday, July 17th - Main Street beginning at Highway 395 to 4th Street, also closing Hurlburt from 5th to 6th Street.  Councilor Harn moved and Councilor Hardin seconded to approve the street closure for the 3 on 3 Basketball Tournament.  Motion carried unanimously.

Approve/Revised Proposed Settlement Agreement with BPA/Residential Exchange Program Benefits

Electric Superintendent Russ Dorran reported the Residential Exchange Program Settlement Agreement that the council approved at the April 11, 2011 council meeting did not achieve the 91% of BPA preference customers threshold needed for the agreement to go forward.  The revised agreement incorporates by reference all of the terms of the previous agreement except that it changes the threshold to 75% and the date of signing the revised agreement to June 3, 2011.  It appears that the lower threshold is adequate for final approval by the parties involved; therefore, I am recommending approval of the revised agreement.  Councilor Harkenrider moved and Councilor Myers seconded approval of the revised proposed “Settlement Agreement” with BPA concerning allocation of its “Residential Exchange Program” benefits.  Motion carried unanimously.

Council Comments

Councilor Davis stated she received a citizen complaint regarding the intersection of Harper Road and Geer Road... Councilor Harkenrider thanked Street Superintendent Sivey for following up on the citizen complaint he received about the pedestrian crossing sign at the intersection of 11th Street and Hermiston Avenue.  Police Chief Coulombe reported the signal timing is correct at that intersection and that there is a “Pedestrian Crossing” sign on the signal.  Street Superintendent Sivey stated that intersection is monitored by ODOT and they are the ones that would determine if anything else can be done to insure pedestrian safety... Councilor Myers also received a citizen complaint regarding the high weeds blocking visibility at the N.E. 4th Street and Punkin Center intersection.

City Manager Comments

City Manager Brookshier stated his office is currently being painted and redecorated.

There was no other business, and the meeting was adjourned at 7:35 pm.

SIGNED:

/s/ Bob Severson

MAYOR

ATTEST:

/s/ Robert D. Irby

CITY RECORDER