BROWNSVILLE CITY COUNCIL

MEETING MINUTES

August 20, 2007

ROLL CALL: Mayor Ware called the meeting to order at 7:00 p.m. with Councilors Brenner, Cole, Shepherd, Hoyer, Hoffman and Pinnock present. Also present were City Administrator Scott McDowell, City Planner Bill Sattler and Public Works Director Karl Frink.

ADDITIONS AND DELETIONS: Mr. McDowell added an additional action item relating to the contract with CWCOG for services related to the wastewater project.

MINUTES: The Council reviewed the minutes of the July 16, 2007, City Council meeting. Mr. McDowell noted several typographical errors to be corrected. Councilor Cole moved that the minutes be approved as corrected. The motion was seconded by Councilor Hoyer and was approved unanimously.

PUBLIC HEARINGS / PRESENTATIONS:

  1. Chris Brugato – Westech Engineering – Wastewater Project. Mr. Brugato was present to update the Council on the status of the wastewater project. Mr. Brugato said that both Phase 1 and Phase 2 are under construction. The new south lagoon has about 90 percent of the earthwork completed and substantial progress has been made on the structures. Mr. Brugato said that he has been asked about the contractors working on Saturdays and said that there’s quite a bit of work that does not need to be inspected as it’s being done, only when it’s completed, and it’s that type of work that is being done. If there is something that needs inspection an inspector will be on site. The pipeline construction on the north end of town is nearly completed and streets are being patched and resurfaced. A problem was encountered along Hwy. 228 when an old waterline was found to be in the way of the project. An agreement was reached with the funding agencies to replace the waterline in a better position and to upgrade from 2" to 4" pipe which should provide better water flow to the customers in that area. Water had to be shut off at times to complete the work but the service interruptions were generally of only a few hours.

  2. Warren Williamson – Willamette Country Music Festival. Mr. Williamson made a presentation to the Council regarding his proposal to have a country music festival in Pioneer Park for three days next summer. Mr. Williamson explained that he has worked in the entertainment industry for years and has contacts to book a number of acts for the festival. Mr. Williamson would like to hold the event in Pioneer Park and stated his intention to share the profits with various nonprofit organizations and Central Linn schools. He said that his plan is to sell 2000 "VIP" seats at $150 per ticket plus general admission tickets. Mr. McDowell explained that such a project would be contrary to a number of park rules, particularly the prohibition on commercial activity in the park so he had asked Mr. Williamson to address the Council. Mayor Ware expressed concerns that such an event does not fit into he traditional use of the park. Ms. Willow Coberly expressed concerns about traffic and noise impact to neighboring homes. Mr. Williamson said that he was planning to have offsite parking with a shuttle service and stated that directional speakers would reduce the noise impact. Councilor Cole stated that the Oregon Jamboree in Sweet Home uses hundreds of volunteers. Mr. Williamson said that he planned to recruit volunteers also. Mr. Max Peschel stated that he was concerned about damage to the ball fields and park facilities. Mr. Williamson said that the event should raise enough money to pay for improvements to the park. Ms. J.D. Cochran asked about alcohol and security. Mr. Williamson said that he would like to have a beer garden but understood the Council’s reluctance to permit one. He stated that he planned to hire private security for the event. Ms. Coberly suggested that the Central Linn High School campus would make a better venue as it’s large, open and has lots of parking with no nearby neighbors. Ms. Gian Mercurio stated that the proposed event would create too much impact and sounded too "pie in the sky." Ms. Natalie Wade was supportive and said she visited Monteith Park where a similar event occurs and it is very successful. The Council decided to investigate the issue further and continue the discussion at their next meeting.

  3. Ms. Kaye Fox. Ms. Fox addressed the Council to present a number of issues she was concerned about. Ms. Fox said that she had purchased a home on Kirk Avenue and had to do a number of repairs to the home. Ms. Fox said that her sewer drains quit working during heavy rain periods as the sewer near her home backs up, although she understands the sewer construction project this summer should stop that problem. Ms. Fox said that Kirk Avenue is built up higher than the surrounding ground and backs up water on the north side of the street. Her sidewalks are in need of repair and she is concerned that she could be liable if there is an accident. There are potholes on Kirk and Averill that need to be fixed. Trucks use air brakes on Kirk and Averill and make a lot of noise. Some truck drivers drive too fast and sometimes cut the corner turning between Kirk and Averill streets. Ms. Fox provided a copy of a letter to the Councilors. Mayor Ware thanked her for her input.

CITIZEN INPUT: NONE

DEPARTMENTAL REPORTS:

  1. Administrator Report. Mr. McDowell submitted a written report to the Council. Mr. McDowell said that with regard to jake brakes he had contacted ODOT and they stated unmuffled air brakes are already illegal and that ODOT did not seem to believe signage would do much good. Mr. McDowell said that the City had looked at doing an overlay on Oak Street but due to the unexpected cost of having to construct a replacement water line it appears that the street will have to be patched rather than overlaid. Mr. McDowell thanked Councilor Shepherd for assisting with a waterline problem.

  2. Public Works. Mr. Frink submitted a written report. In addition, Mr. Frink told the Council that the sewer project had encountered a significant problem when it was found that there was an undocumented 1.5" water line running in the path of the sewer line along Hwy. 228. Mr. Frink said that the City had successfully negotiated with the funding agencies to have the contractor replace this line as part of the project and to upgrade the line to 4" which will provide better water service. The new line is nearly completed, it just needs to be tested before going into use. It was necessary to shut off water service to a few homes at times during construction but the interruptions had been limited to a few hours. Mr. Frink stated that the Pioneer Park caretakers this year had done an excellent job and he hoped they would return next year. Mr. Frink said that Public Works would be starting the library landscaping in September. Mrs. Rikki Gutierrez asked when the dog waste bags would be installed in the park behind the Library. Mr. Frink said it would be soon and stated that if they worked out in Pioneer Park he would install them in all the parks.

  3. Planning. Mr. Sattler provided a written report. Mr. Sattler said that the construction work on the removal of the Brownsville Dam is scheduled to start on August 28 and there will be a public ceremony at the dam on that date. Mr. Sattler said new home starts have slowed but a few permits for new homes continue to be issued.

  4. Sheriff’s Report. Sgt. Lawler was present and gave a brief report to Council.

  5. Council Report. Councilor Cole noted this new item on the agenda and asked the purpose. Mr. McDowell said that if any of the Councilors who were representatives to other groups, such as the Rec Board, had anything to report back to the Council this would be the place in the agenda.

LEGISLATIVE ACTION:

    1. Ordinance No. 708 – Transient Room Tax Municipal Code Revision. Councilor Cole moved that Ordinance 708 be read by title only. The motion was seconded by Councilor Hoffman and was approved unanimously. Mayor Ware read the title of Ordinance 708. As this was the second reading of the ordinance Councilor Hoffman moved that Ordinance 708 be approved. The motion was seconded by Councilor Cole and was approved unanimously.

    2. Ordinance No. 709 – Social Gaming / Texas Hold’Em Tournaments. Ms. Natalie Wade explained that she hoped to host poker tournaments at the Saloon and state law required the City to pass an ordinance to allow such events. She said that she would not be making any money off the tournaments but hoped to draw customers for food and drink. Councilor Hoffman moved that Ordinance 709 be read by title only. The motion was seconded by Councilor Cole and was approved unanimously. Mayor Ware read the title of Ordinance 709 and the ordinance was set for a second reading at the September Council meeting.

    3. Ordinance No. 710 – Comprehensive Plan Amendment (River’s Edge at Depot Avenue.) Mr. Sattler explained that this ordinance documents the amendments approved at the July Council meeting. Councilor Cole moved that Ordinance 710 be read by title only. The motion was seconded by Councilor Hoyer and was approved unanimously. Mayor Ware read the title of Ordinance 710 and it was set for a second reading at the September Council meeting.

ACTION ITEMS:

  1. Nelson Request for Alley Vacation. Mayor Ware asked for public input on the issue which has been discussed several times by the Council. Ms. Kaye Fox said that she had sent a letter with her comments. Ms. Fox didn’t believe the alley should be vacated and that a gate should be installed instead. Ms. Rikki Gutierrez said that there is an alley on her property and it wasn’t a problem. Ms. Gian Mercurio spoke in support of the vacation. Mr. Fred Smith said that at some point in the past an alley had been vacated which had caused a problem so he didn’t think the City should ever vacate alleys. Councilor Shepherd said that he has a portion of his property which is across the tailrace and for years he has crossed the Nelson’s property to get to it, so he didn’t think the alley should be vacated as that property would be landlocked. Ms. Joni Nelson said that the portion of the alley already vacated was only 8’ wide and they had given the City a 20’ easement for utilities and emergency access in exchange and would do the same with this area. Councilor Pinnock stated that having to cross the tailrace to get to a portion of property does not make it landlocked. Mayor Ware noted that in all of the years he had been attending Council meetings the Council had always vacated alleys when requested. Councilor Hoffman moved that staff be directed to draft an ordinance vacating the alley for the next Council meeting. The motion was seconded by Councilor Hoyer and was approved unanimously.

  2. Park Committee – New Ball Diamond In Pioneer Park. Mr. McDowell told the Council that the Rec Center had discussed constructing a small new ball diamond with the Parks and Open Spaces Advisory Board. It would be constructed in the outfield of the existing new ballfield in the southeast corner of the park with the idea that when smaller kids are playing both the existing field and the new field could be used at the same time. Councilor Cole asked who would pay for it. Mr. McDowell said that the Rec Center would pay the entire cost. Councilor Hoyer asked if there are any plans to improve the existing fields. Mr. Nelson said that there are plans to add protective fencing in front of the players’ benches. Councilor Cole move that the request be approved. The motion was seconded by Councilor Hoyer and was approved unanimously.

  3. Cascades West Council of Government - Services. Mr. McDowell told the Council that the City had retained Mr. Scott Wilson of CWCOG to assist with the wastewater project. Mr. Wilson is an expert in grant compliance matters and has been very valuable. The contract for his services expired on June 30, 2007, and Mr. McDowell recommended extending the contract to April 30, 2008. Councilor Cole moved that the Mayor be authorized to execute the agreement to extend Mr. Wilson’s services as recommended. The motion was seconded by Councilor Hoyer and was approved unanimously.

DISCUSSION ITEMS:

  1. Community Gardens. Mr. McDowell presented information about the regulations other communities have for their community gardens and discussed the history of the agreement between the City and the Brownsville Coop for the use of water for the community gardens. Councilor Cole asked how much water was being used. Mr. McDowell said that there is a single meter for both the croquet court and the gardens and that in July that meter indicated 20,000 cubic feet of usage. Mr. McDowell was asked his opinion about that amount and he stated that it seemed excessive to him. He suggested placing a lower limit on monthly consumption to encourage conservation of water. Mr. Max Peschel told the Council that he would donate money to help offset the cost of the water for the community gardens. Ms. Anne Stein said that she wanted to discuss the issue of selling produce from the community gardens and said that small towns need activities for kids. The community gardens provide a venue to teach people to garden and some of them may go on to larger gardens and become vendors at the Farmers’ Market.

  2. Pinnock Water Line Extension. Mr. McDowell told the Council that he has been working with Councilor Pinnock regarding a parcel of property owned by Councilor Pinnock that was being developed. The property is located at the north end of Ash Street and is being split into a total of three parcels. A problem has developed in that the block of nine homes is served by an old 1.5" water line so there are already too many homes connected to an undersized waterline. City ordinances require developers to pay for infrastructure upgrades needed for their development, in this case it would be about 450’ of 6" water line which would be very expensive. Councilor Pinnock has proposed the idea of taking two of the existing services off the 1.5" line and tying those homes into the larger main running down Hausman Avenue which could possibly allow his lots to be connected to the small line on Ash Street. Mr. McDowell said that it was an issue involving a Councilor he wanted the Council to be aware of the matter. Mr. Frink stated that it would not work to change the services, as the problem would be that the 1.5" line would still be loaded beyond its capacity and the new homes would not receive adequate water flow due to the very long length of undersized line serving them. Mr. Frink said there are standards for pressure and flow he is required to deliver to customers and it would not be possible to meet those standards with the existing line. Mr. Frink said that he understood it would be a burden to extend a proper main but believed that to be the only good solution.

  3. Non-FLSA Compensatory Time – Exempt Employees. Mr. McDowell provided a draft policy for the Council but the subject was tabled due to the length of the meeting.

HANDOUTS:

  1. Westech Monthly Report.

2. July Financials.

EXECUTIVE SESSION: Cancelled.

ADJOURNMENT: The Council meeting was adjourned at 9:20 p.m.

 

 

 

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City Administrator S. Scott McDowell Mayor Don Ware