BROWNSVILLE CITY COUNCIL

MEETING MINUTES

June 18, 2007

WORK SESSION: A work session was held beginning at 6:00 p.m. to review matters on the meeting’s agenda. Mayor Ware and Councilors Brenner, Cole, Shepherd and Hoyer and Pinnock were present for the work session.

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

ADDITIONS AND DELETIONS: Mr. McDowell added a presentation by Westech Engineering, a request by Sharing Hands and a discussion of the City’s water shutoff policy.

MINUTES: The Council reviewed the minutes of the June 4, 2007, City Council meeting. Councilor Cole moved that the minutes be approved. The motion was seconded by Councilor Hoyer and was approved unanimously.

PUBLIC HEARINGS / PRESENTATIONS:

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 the preconstruction conference had been held last Thursday and the project was moving forward. Phase One are the treatment plant improvements and the contractor, Emery & Sons, plans to begin on July 2. They have 245 days to complete their portion of the project. Phase Two are the collection system improvements. The contractor is Pacific Excavation and they have indicated they will start work immediately on the north end of the system for about three weeks them move to the south collection system. Neighboring property owners have already been notified and more notices will be sent as the work proceeds. Mr. McDowell said that the only problem at present is the 404(b) permit from the Army Corps of Engineers to permit the river crossings needed for the force main and the siphon on the South collection system. The application for the permit was filed in October, 2006, but the permit has not yet been issued. Mr. McDowell said that he has been working with the COE employee to try to get it issued as soon as possible as she has told him it will not be issued until August 1, which is not acceptable. Mr. McDowell has spoken with the City Attorney and will be continuing to press the Corps to get the permit issued.

Don Andrews – BRFD – Samaritan Grant Update. Mr. Andrews told the Council that the Brownsville Rural Fire District had been successful in their grant application for automatic defibrillators and had received funding for three of the units to be placed at public locations in Brownsville, probably Pioneer Park, the Rec Center and the Senior Center. The Fire District needs the City’s promised $1,000 in matching funds for the purchase and training. The Fire District hopes to train as many members of the public as possible in how to use the devices.

Depot Avenue, LLC, Application for Rezoning. Mayor Ware summarized the process which will be followed for the public hearing. Mayor Ware then asked if there were any ex parte contacts, conflicts of interest or biases. None were declared. Mayor Ware then read the statutorily required statement regarding the necessity of raising issues to preserve them for appeal. Mr. Sattler summarized the Staff Report for the Council, stating that the application is for the rezoning of 18.61 acres of land from Light Industrial to Residential. Mr. Sattler said that the property was initially zoned Light Industrial due to its proximity to the railroad facilities in town, but that those facilities have since been abandoned. Industrial use of the property would now involve truck traffic moving through downtown in order to access Interstate 5 and moving through residential neighborhoods which would not be desirable. The Planning Commission met on June 11, 2007, and unanimously voted to recommend that the Council rezone the property from Light Industrial to Residential, but recommended that the property be zoned Low Density Residential rather than the requested High Density Residential due to concerns about what could happen should the proposed project not be completed. Mr. Dave Dodson of Willamette Valley Planning spoke on behalf of the applicant. Mr. Dodson said that the applicant was comfortable with the proposed Low Density designation for the parcel and did not object to that zoning. Mr. Dodson discussed the planned development proposal for the parcel. Questions were raised concerning the viability of the proposal to site an assisted living facility on the site. Mr. Tim Smith responded, stating that he is committed to trying to find a partner to work with to bring in a facility, but that it is a difficult process, particularly since the State has put a moratorium on new permits. Mr. Smith said that the whole project is designed to appeal to seniors, including such factors as home layout, neighborhood design and home sizes. Mayor Ware then asked if anyone else wished to speak in support of the application. No one wished to speak. Mayor Ware asked if anyone wanted to speak in opposition. Mr. Gene Jungwirth stated that he owned the property to the east of the proposed development and was not against the proposal but was concerned about a drainage ditch running between his property and the Smiths’. Ms. Suzanne Henshaw-Ross said that she owns property to the west of the proposed development and would prefer to see the property zoned Low Density Residential in case the proposed PUD is not developed and something else were to be built on the site. Ms. Ross stated that she did like the proposed PUD plan. Ms. Ross said that she was concerned about trees being taken out along the river bank as they help to stabilize the ground. Mr. Fred Smith said that in 1996 there had been water on the lower field of the site near the river but not on the eastern part of the property where the housing is proposed. Mr. Smith said that he was concerned about noise complaints from the new homes as he would be continuing to operate his gravel plant. Mr. Smith said that he was in favor of zoning the property High Density Residential. Mr. David Jeppsen of 805 Oak asked about the Ash Street / Linn Way intersection and asked why the City was working with Linn County to determine the requirements for that intersection. There was no other testimony. Mr. Dave Dodson spoke in rebuttal to answer some of the questions asked. Mr. Dodson said that the entire area to be developed will have a storm drainage system installed which will take the water to the ponds and from there into the Calapooia River. As much vegetation and as many trees as possible will be preserved during development and no work will be done near the bank of the river. Mr. Dodson said that the applicant will provide notice to all potential purchasers of Mr. Smith’s nearby gravel operation and the fact that it may be noisy at times. Mr. Dodson said that Depot Avenue / Seven Mile Lane is a Linn County road so they will control the construction of the intersection. Mr. Dodson said that traffic engineers use calculations of traffic capacity and load to determine the need for signs and controls and that Seven Mile Lane runs at a very small fraction of its capacity. Councilor Shepherd asked how wide the new roads will be. Mr. Dodson said that they will be 28’ wide, which is the City standard. The roads will also have planting strips and sidewalks. The Council polled themselves regarding the proposal and it was clear that the consensus was in favor of approval. Councilor Hoyer moved that the application be approved with the exception that the property be zoned Low Density Residential rather than High Density Residential as recommended by the Planning Commission, based on the Proposed Findings of Fact. The motion was seconded by Councilor Cole and was approved unanimously. Councilor Hoyer asked Mr. Tim Smith regarding the condition of the new park being constructed on North Avenue. Mr. Smith said that he had also noticed that it needed work and he would be having his crews work on it soon.

CITIZEN INPUT: NONE

DEPARTMENTAL REPORTS:

Administrator Report. Mr. McDowell submitted a written report to the Council. Mr. McDowell said that he will be covering the various areas of his report in the course of the Council meeting.

Public Works. Mr. Frink submitted a written report. In addition, Mr. Frink told the Council that a contractor will be testing backflow devices around town on July 5 and 6. Mr. Frink said that he wanted to clarify an issue that had been raised regarding herbicide application by the City. Mr. Frink said that the City only used commonly available consumer type herbicides and had been using a 20 gallon mechanical sprayer at times to apply them. Mr. Frink said that he had only recently found out that there was a requirement to obtain an applicator’s license for such a small sprayer and had contacted the State and begun the process to obtain such a permit. Linn County has offered to assist until Mr. Frink obtains his permit. Mr. McDowell told the Council that he wanted to give them notice that he had been accosted by Mr. Kurt Riemer while at Pioneer Park regarding several matters. Mr. McDowell said that the City staff works hard to try to comply with all the state and federal regulations no matter how ridiculous they may seem. Mr. McDowell said that he wanted to notify everyone that Mr. Riemer no longer works for the City and he shouldn’t be contacted regarding City operations. Mr. McDowell said that in response to questions about the water plant being open that Norms Electric was working on repairs at the plant but that they now have keys to the plant. Mr. McDowell said that some things will be operated pretty loose in the near future due to all the work going on around town and that is why we carry insurance policies. Councilor Cole asked Mr. Frink about the Library landscaping. Mr. Frink said that they are planning to work on it in September or October. Councilor Hoyer asked about running underground power to the batting cage in Pioneer Park. Mr. Frink said that Pacific Power no longer allows outlets to be placed on service poles so the City assisted the Rec Center by allowing them to run power from the lift station in Pioneer Park to save them a substantial expense.

Planning. Mr. Sattler provided a written report and updated the Council on the progress of the project to remove the Brownsville Dam. Mr. Sattler said that the option of a gravity water feed had been ruled out due to its excessively high cost and the problems of land acquisition. The current plan is for an intake from the river going to submersible pumps adequate to supply the City’s water right. The equipment will be located adjacent to the current parking area for ease of access. Mr. Sattler told the Council that the grant closeout documents had been submitted for payment for the Pioneer Park Playground and that the check should be issued soon.

LEGISLATIVE ACTION:

Resolution No. 587 – Authorize Sewer Rate Increase. Ms. Fox asked about notice of the increase. Mr. McDowell said that the City Code states that the rates are to be set by resolution and that no particular form of notice is required. Ms. Fox stated that she is of the opinion that notices should be mailed to all citizens. Councilor Cole moved that Resolution 587 be approved. The motion was seconded by Councilor Pinnock and was approved unanimously.

Resolution No. 588 – Authorize Water Rate Increase. Mr. McDowell gave the Council as history of the City’s water bonds and the need to pay off the existing bonds by 2015-2018 in order to fund new improvements in 2025. Councilor Brenner asked if the fees were being increased. Mr. McDowell said that fees would remain the same but that the rates would be increased for water usage. Mr. McDowell said that Ms. Nida had suggested that the proposed rate of $20.09 be increased to $20.10 for simplicity. Councilor Cole moved that Resolution 588 be approved with the recommended change to $20.10. The motion was seconded by Councilor Hoyer and was approved unanimously.

ACTION ITEMS:

Nelson Request for Alley Vacation. Mr. Sattler told the Council that he had received a request from Bill and Joni Nelson asking the Council to initiate vacation of a small section of an alley that extends north across the Tail Race into the middle of their property. Mr. Sattler said that they have had problems with people coming across and onto their property and they would like to gate it at the Tail Race. Councilor Shepherd objected, stating that the Nelsons had failed to live up to their promises in a prior vacation of another portion of the same alley and had not given land to the City as they had been required to do. Mr. Sattler said that he believed they had done what they had agreed to do and he would bring the documentation to the next meeting. The matter was tabled until the July meeting.

Sharing Hands Use of Pioneer Park Pavilion. Mr. McDowell said that Sharing Hands would like to have a benefit in Pioneer Park and use the Pavilion. Mr. McDowell said that he would like permission from the Council to waive the rental fees for that use. Councilor Cole moved that the fees be waived for Sharing Hand’s requested use. The motion was seconded by Councilor Pinnock and was approved unanimously.

DISCUSSION ITEMS:

Transient Room Tax. The Council discussed the matter of excluding the City’s rental of camp spaces in Pioneer Park from the transient room tax. Mr. McDowell suggested a simple amendment of the original ordinance exemption actions of the City from coverage. There was a consensus to do so and Mr. McDowell said that he will bring an ordinance to the next meeting.

Position Descriptions and Performance Evaluations. Mr. McDowell told the Council that position descriptions hadn’t been updated in years and that he has developed new descriptions that he has forwarded to CCIS for review. Mr. McDowell said that he has used this system in the past with good results and he hopes to have them for the Council by the July meeting.

Interim Financing Report. Nothing to report.

Water Shutoff Policy. Mr. McDowell said that he wanted to inform the Council of changes in the water shutoff policy. In the past Public Works would go out and turn water back on whenever a shut off customer came to City Hall to pay their bill. This has been very time consuming for Public Works and a new policy has been implemented that all turn-ons will be done by Public Works between 3 p.m. and 4 p.m., between 4 p.m. and 5 p.m. Mr. McDowell and Mr. Sattler will try to turn on services as needed. Shutoffs will all be done between 11 a.m. and noon. Mr. McDowell noted that before a customer is shut off they have failed to pay their bill for 40 days, received a letter giving them an additional 5 days to pay, and then received a 24-hour notice on their door so it was not unreasonable for them to wait a few hours before their service was restored.

CITIZEN INPUT:

Ms. June Schlosser said that she believed Mr. Paul Smith has misrepresented facts in his staff report in that he claimed to have used the new Follett library software at Harrisburg but that it in fact it was not the same version of the software that the City has purchased.

COUNCIL DISCUSSION: There was a discussion amongst the Council regarding the impact of the sewer project on several street trees and other trees in town. Councilor Cole asked the Council to reach a decision on Ms. Shoemaker’s request that the City institute a mandatory spay ordinance for all pets in Brownsville. Mayor Ware said that it would be discussed at the next meeting.

HANDOUTS:

EXECUTIVE SESSION: Mr. McDowell said that the Council would be meeting in Executive Session pursuant to ORS 192.660(e) to conduct deliberations with persons designated by the governing body to negotiate real property transactions. The Council then went into Executive Session.

ADJOURNMENT: The Council returned from Executive Session and the meeting was adjourned at 10:00 p.m. without taking further action.

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City Administrator S. Scott McDowell Mayor Don Ware