BROWNSVILLE CITY COUNCIL

MEETING MINUTES

October 15, 2007

ROLL CALL: Mayor Ware called the meeting to order at 7:00 p.m. with Councilors Brenner, Cole, Shepherd, Hoffman, Hoyer 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 said he would be adding an additional executive session and Councilor Cole requested an additional Action Item regarding a possible grant funding opportunity.

MINUTES: The Council reviewed the minutes of the September 17, 2007, and October 1, 2007, City Council meetings. 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. McDowell said that there had not been much for Mr. Brugato to report so he and Mr. Frink would cover the wastewater project during their reports.

  2. Rick Dominguez – Veterans’ Memorial. Mr. Dominguez presented plans for a proposed veterans’ memorial to be placed in the Library Park. Mr. Dominguez said that the plans had been reviewed and approved by the Parks Board and that initially the plan was just to place some new benches in the area behind the library and north of the millrace. Ultimately Mr. Dominguez would like to relocate the existing monument and make some other improvements to the area north of the millrace, as well as construct a bridge over the millrace. All of the improvements would be designed to be ADA compliant. It was recommended that the Historic Review Board be involved in the planning as well. Mr. Dominguez said that all the improvements would be funded by donations and installed with volunteer labor, there would not be any expense to the City. Councilor Brenner moved that the plan to place the two benches be approved. The motion was seconded by Councilor Hoffman and was approved unanimously.

  3. Country Music Festival. Mayor Ware began by stating that due to the number of people who wanted to speak on this subject he was asking each person to come to the podium to speak and to limit their comments to one minute. Mr. McDowell provided a history of the music festival proposal and what actions had been taken by Council and staff. Mr. McDowell stated that he had been asked why the proposal did not go to the Park Board. He said that the Municipal Code states that the City Administrator is responsible for determining whether an activity is permitted in the park and that he believed a decision of this nature should be brought to the Council for decision. Mr. McDowell said that at the last Council meeting the Council gave a tentative approval to the planned event and instructed staff to negotiate an agreement with Mr. Williamson. He said that there are three major areas that have been brought up as concerns that he specifically wanted to focus on during the meeting; the date of the event, whether alcohol was to be allowed and the commercial nature of the event. Mayor Ware then opened a period for public input. The first speaker was Mr. Damien Sands. Mr. Sands said he was new to town but had worked with groups studying the effects of alcohol and they had found a strong correlation between large events allowing alcohol and the number of Emergency Department admissions. Mr. Sands described a recent large lawsuit in which the provider of a venue had been found liable for a subsequent accident involving alcohol and urged the Council not to allow alcohol at the event or in the parks. Ms. Kathy Rogers said that she was concerned about the proposed event’s impact to the traditional July 4th events. Ms. Rogers said that she was disturbed that the majority of the Council had voted for the event without obtaining any public input. Ms. Rogers said she was also concerned about damage to the park resulting from such a large event. She stated she was also concerned about the event’s promoter, Mr. Williamson, saying that he had no cohesive plan and had been giving out confusing or misleading information about the event. Ms. Rogers urged the Council to beware of promoters making extravagant promises. The next speaker was Ms. Gian Mercurio who said that Pioneer Park is a family centered park and is not appropriate for this type of event. She also said that she did not want to see alcohol in the park. June Schlosser said that she thought that the descendents of previous residents should be consulted about their opinions on the event. Mr. Kurt Riemer spoke next and said that the music festival idea had been presented to the Pioneer Picnic Board and that the Board had unanimously rejected the proposal. Mr. Riemer said that he attends the Oregon Jamboree and they have a very large security and medical staff. Mr. Riemer said he thinks this is a terrible idea in Pioneer Park and that he remembers what it was like when alcohol was permitted and doesn’t want to see that again. Mr. Riemer also said that he sees lots of problems with vandalism and trash at the Jamboree. Kathleen Swayze said that she is active in the July 4th breakfast event and they are completely swamped at present and can’t handle any more people. She said the breakfast is intended to be a community event and she would not want to see it overrun with music festival customers. Ms. Swayze said that she did not want to see alcohol permitted in Pioneer Park. She said she would like to see the attendance limited to 2,000 or so. Councilor Brenner asked how many people attended the July 4th fireworks. Ms. Swayze said she estimated 1,800 to 2,000 people and that it completely fills Pioneer Park to capacity. Mr. Eric Gerber said he seconded Ms. Swayze’s comments and said that he did not like the Council thinking of the parks as "money makers". He thinks there are too many events in the park now which interfere with residents’ use of the park. Mr. Gerber said he didn’t attend the last meeting because the flyer for the event said that it was to be held outside of town. Mr. Gerber also noted that he’s active in the Rec Center and asked why the Council didn’t consider the fact that the Rec Center would be using the ballfields at that time of year. Mr. Gerber said that the Council should focus on the parks for what they are and improve them for the use of the community. Ms. Linda McCormick said that the July 4th events are a special community event and that another event at the same time would detract from the nature of the event. She said she was involved in the Stand By Me event and the organizers were concerned that they not attract too many visitors due to the small size of the town and the park. Ms. Carla Gerber said that the Park Board had unanimously decided to comment on the proposal and recommended that the Council reconsider their decision to allow the event. The Park Board is concerned about the presence of alcohol and the potential damage to the park. Mr. Tony Gorsline said that as an ex-mayor he felt it was the responsibility of the Council to protect and preserve Pioneer Park. The events there are small scale family events. He said the Park should be kept as it is and the noncommercial aspect of the park should be a stronger policy which should require public input before being modified. Mr. Max Peschel said that he is a downtown business owner and he is in favor of the music festival, so long as it is not held in Pioneer Park. Mr. Peschel urged the Council to consider the potential downside of the event and that the potential for future events could be damaged if the festival is not successful. Ms. Natalie Wade said that she loves the idea of the event. She said that as the owner of the Brownsville Saloon she doesn’t make much money and the these kinds of events could make a real difference in whether she is able to stay in business. She said the town needs to arrange events to bring in visitors. Alcohol is allowed in Albany parks and she would like to see alcohol not be portrayed in such a negative way, it can be a positive addition to an event. Mr. Kevin Rogers, Brownsville Fire Chief, said that he was speaking on behalf of the Volunteer Association and that they had voted to not have fireworks in the park on July 4th if alcohol is allowed. Mayor Ware said that he wanted to relay the comments of Sarah Fielder who had called him to say that she had talked to Jan Horner in Sweet Home who said that it had taken a number of years for the Jamboree to make a profit and that it takes a very large number of volunteers to make it succeed. Ms. Fielder did not want the event held on July 4th. Councilor Cole said that she had been contacted by Ms. Patty Linn who also was against the idea of the event, particularly with regard to the proposed July 4th date. Ms. Linda Chambers told the Council she was very opposed to the July 4th date, that she would prefer to have the City’s traditional fireworks. Ms. Tori Jaeger suggested the Council talk to the Jamboree people and see what it takes to hold such an event. She suggested the event start small and see how it goes before expanding. She said Brownsville is not set up for an event of that size. She said that when Mr. Williamson came to the Pioneer Picnic Board he assured her that his event would not interfere with other local events and feels he was dishonest with them. Mayor Ware asked Mr. Williamson if he would like to respond to the public comments. Mr. Williamson said that his project was intended to help the community and that he was working under the Council’s direction or he would not be given access to the park. Mr. Williamson said that he had not been asked to go to the Park Board with his plan and that he had approached the Pioneer Picnic Association in an attempt to help them raise more revenue. Mr. Williamson said that he had been disheartened by all the negative feedback he had been receiving. He said that after hearing all the comments he wanted to move the event from the July 4th weekend and that the weekend prior would work for him. Mr. Williamson gave a copy of a draft sanitation plan to the Council and showed an artist’s rendering of what the venue would look like. Mr. Williamson said that he was required to draft a public safety plan, a fire and life safety plan and a sanitation plan for the event. Mr. McDowell said that Council had directed staff to prepare an agreement and that he had used the Linn County Code and state statutes as guidance for the requirements, which went far beyond those three items. Mr. McDowell said that the Linn County Sheriff’s Office, the Linn County Commissioners and the Brownsville Rural Fire District all have to sign off on the event planning as well as the City of Brownsville. Mr. Kurt Riemer told the Council that they had neglected to listen to public input and that a public hearing should have been held before a decision of such magnitude. Ms. Gian Mercurio asked if the Council had voted to approve having for-profit events in Pioneer Park. Mayor Ware said that the Council had directed staff to attempt to negotiate an agreement with Mr. Williamson. Councilor Shepherd said that the Council had not agreed to the event, they had just voted to look into it further. He said that the public hadn’t been left out, that the Council hadn’t made any decisions, they were just in a fact-finding mode. Councilor Brenner said that he understood that there is concern about having for-profit events in the park but suggested putting some kind of cap of the number of such events that could be scheduled. Mr. Williamson said that the Council hadn’t suggested the July 4th date, he had requested it. Ms. Kathleen Swayze asked what was the Council’s plan? Mayor Ware said that Mr. McDowell is negotiating with Mr. Williamson and that the current meeting would decide on a date for the event if it is to be held and whether alcohol would be allowed. Councilor Hoyer said that the previous meeting had given a tentative approval to the event and that this meeting is gathering public input. Mr. Hoyer said that he is against alcohol in Pioneer Park due to liability and public safety issues. Mr. Hoyer asked if there were any alternative sites being considered and said that he is open to further negotiations. Councilor Brenner said that he would like the Council to make a decision on alcohol in the parks tonight and that in any event an agreement needed to include a bond to cover possible property damage. Mayor Ware said that it was already in the draft agreement. Councilor Cole made a motion that the current policy of prohibiting alcohol in public parks be continued. The motion was seconded by Councilor Hoyer. Mayor Ware said that he would like to hear the Council’s opinions before voting. Mr. Williamson made a statement to the Council regarding the requirements to serve alcohol by OLCC rules and said that the type of people who would attend his event would not cause trouble. Councilor Hoffman said that she had heard a lot of people focusing of the possible negative impacts but didn’t think alcohol was necessarily a bad thing. She said she thought it might be better to have it allowed by permit of the Council. Councilor Pinnock said that he agreed with the no alcohol policy but is willing to go outside the box and consider it as a one-time event. Councilor Brenner said that he was concerned about the liability issues and thought there were enough concerns about the event without the additional concern of alcohol. Mr. Williamson said that he would lose a large sponsor if he could not serve alcohol. Councilor Shepherd said that he was not in favor of alcohol in the parks but agreed with Councilor Pinnock that it might be worth a one-time trial. Councilor Shepherd said that the Stand By Me event was a for-profit event so the music festival was no different. Mayor Ware said that he preferred to see no alcohol allowed in the parks. Councilor Hoyer said it would not be conducive to a family atmosphere. Councilor Hoyer said that Mr. Williamson has been making lots of promises and that some have called him a charlatan, he was concerned with whether the promises would be kept. Councilor Cole said that she was concerned about problems created by alcohol and was not in favor of allowing it. The vote was taken and Councilor Cole’s motion to continue the current prohibition on alcohol in City parks was approved unanimously.

CITIZEN INPUT: NONE

DEPARTMENTAL REPORTS:

  1. Administrator Report. Mr. McDowell submitted a written report to the Council. Mr. McDowell said that he had met with Central Linn schools regarding possibly relocating the community gardens to a site near the Brownsville elementary school. Mr. McDowell said the District seemed to be receptive to the idea but had not yet made a definite commitment.

  2. Public Works. Mr. Frink submitted a written report. In addition, Mr. Frink told the Council that the Public Works crew had dealt with two water main breaks due to the sewer project construction. Mr. Frink said one section of main may have to be replaced after the sewer project is finished due to the damage it has received. The damage was caused by a poorly installed main and the heavy equipment driving over it, not by the contractor. Mr. Frink said the manhole at Kirk and Averill had backed up due to a grease blockage but the line has been clean and the problem resolved. The library has been painted and some finish work and landscaping will be done as soon as possible. Mr. Frink discussed the upcoming Main Street closures for a day or two due to the sewer project contractor having to cross the street with the new main. Delays of up to 20 minutes are expected.

  3. Planning. Mr. Sattler provided a written report and updated the Council on current projects around town. Mr. Sattler said that last month he had issued 14 new residential permits, most of which were in a townhouse development off Spaulding Avenue. Mr. Sattler told the Council that he had received an application for annexation and rezoning of five acres off Hume Street near the City Shops. The property is currently zoned Light Industrial and the property owner would like the City to zone it residential if it is annexed.

  4. Library Report. Mr. Smith provided a written report for the Council.

  5. Sheriff’s Report. Sgt. Lawler was present and gave a brief report to Council. Sgt. Lawler said that there had been a traffic fatality on Hwy. 228 recently when a motorcyclist struck a deer. Sgt. Lawler congratulated Ms. Wade for the fine job she is doing with the Brownsville Saloon, saying that she worked hard at managing situations and preventing people from abusing alcohol and causing problems. Sgt. Lawler said that there are substantial vandalism and alcohol problems at the Jamboree in Sweet Home. He said that the Sheriff’s Office provides additional deputies for security at City events but that if the music festival is held the promoter will need to arrange for private security. Sgt. Lawler said that Albany does allow alcohol in their parks and has lots of problems associated with it.

  6. Council Report. Councilor Cole said that there is an opportunity through CWCOG to apply to participate in a downtown development program. Applications are due by October 31, 2007. Councilor Cole moved that the City apply for this program. The motion was seconded by Councilor Hoyer and was approved unanimously.

LEGISLATIVE ACTION:

    1. Ordinance No. 710 – CenturyTel Franchise Agreement. Councilor Hoffman moved that Ordinance 710 be read by title only. The motion was seconded by Councilor Brenner and was approved unanimously. Mayor Ware read the title of Ordinance 710. Mr. McDowell introduced Mr. Jerry Pomeroy, a representative from CenturyTel. Mr. McDowell said that the agreement had been negotiated and that there were two differences, the term had been decreased from 20 years to 10 years and the franchise fee increased from four percent to seven percent. In addition, the language regarding audits had been revised. Mr. Pomeroy told the Council about CenturyTel’s work to upgrade service in Brownsville, particularly regarding internet access and expanding the DSL service area. Councilor Brenner moved that Ordinance 710 be approved. The motion was seconded by Councilor Cole and was approved unanimously.

ACTION ITEMS:

  1. Employee Handbook. Mr. McDowell told the Council that he had forwarded them a new draft with some revised policies for their review. He said the project is about 93 percent done. Councilor Brenner asked if the adoption should wait until the project is completely finished. Mr. McDowell said that he did not know when he would have the time to completely finish the handbook and suggested that the Council could go ahead and move forward with it as it is. Mayor Ware suggested that the review of the changes wait until the next meeting and the consensus of the Council was in agreement.

  2. Employee Classifications and Evaluations. Mr. McDowell said that he and Karl Frink had implemented a new evaluation system. Mr. McDowell said that the Councilors should be familiar with the job descriptions. This item was also postponed until the November Council meeting.

  3. Library Advisory Board Policy Manual. Councilor Cole moved that the revised Policy Manual be approved by the Council. The motion was seconded by Councilor Hoyer and was approved six to none with Councilor Brenner abstaining as he had not had a chance to review the material.

 

DISCUSSION ITEMS:

HANDOUTS:

  1. Westech Monthly Report.

2. September Financials.

EXECUTIVE SESSION: The Council adjourned to an executive session pursuant to ORS 192.660 at 9:00 p.m.

ADJOURNMENT: The Council returned from Executive Session and the meeting was adjourned at 9:15 p.m. with no further action being taken.

 

 

 

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City Administrator S. Scott McDowell Mayor Don Ware