River's Edge Subdivision

To River's Edge Subdivision Residents:

The City would like to share some background information so that everyone who resides in the River’s Edge subdivision is aware of the Homeowners Association’s responsibilities and the City’s responsibilities.

The City’s Planning Commission granted developer Stephan Smith’s proposed Planned Unit Development (PUD) in 2017 with several important conditions. The Commission and Smith negotiated several key points, based on the Brownsville Municipal Code, that ultimately allowed Mr. Smith to develop his property with the housing density he sought. Cities, under Oregon law, are allowed to make certain concessions and modifications to zoning requirements based on an adopted Planned Unit Development (PUD) process. Several public meetings were conducted during this process and City Staff had countless meetings from 2017 to 2023 to assist in bringing the subdivision to fruition.

Below I have listed the approval details for the PUD as well as answers to the questions that have been discussed:

Open Space

• Developer Stephan Smith was required to improve several areas for private recreational and parking purposes.

• City Staff were charged with the responsibility to ensure completion of these areas met the Conditions of Approval before they were turned over to the Association for perpetual care.

• On November 1^st, 2023, the City granted final approval for these improvements. The City received a warranty assurance letter for work completed by Rexius on November 8^th, 2023.

• The parking areas at the south & north end of the open space area are under the operational & maintenance responsibility of the Association.

• The parking area located along River Avenue is under the operational & maintenance responsibility of the Association.

Drainage

• Developer Stephan Smith followed the National Flood Insurance Program (NFIP) requirements administered through the Federal Emergency Management Agency (FEMA) to raise the subdivision/PUD out of the floodplain at great expense. Millions of cubic yards of material were trucked in to accomplish this task.

• The Association is responsible for the perpetual maintenance of all drainage ponds, swales, and ditches in the subdivision/PUD.

• The City is responsible for all underground, storm water pipes emptying into the drainage ponds, except for the pipes carrying runoff from the three drainage basins to the drainage ponds west of the developed portion of the subdivision/PUD.

Streets

• The streets have been installed to the City’s Public Works Standards and are the perpetual responsibility of the City of Brownsville.

• The streetlights were procured by Developer Stephan Smith and installed by Pacific Power under contract with the City. The City is responsible for the perpetual maintenance and monthly expense of the streetlights.

• Existing street signs and any original traffic painting are the perpetual responsibility of the City.

Civil Utilities

• Waterlines, hydrants, and associated appurtenances have been installed to the City’s Public Works Standards and are the perpetual responsibility of the City of Brownsville.

• Sewer collection lines and associated appurtenances have been installed to the City’s Public Works Standards and are the perpetual responsibility of the City of Brownsville.

Frequently Asked Questions

Is the City willing to paint the curbs red throughout the fire zones and yellow in other areas?

The City accepted the plans as presented for approval. Those plans did not include curb paint and were accepted as such. The City is solely responsible for making any future determination on curb or street painting. It is not the City’s policy to deviate from approved plans.

What can be done about illegal parking by fire hydrants and in fire lane areas?

The City contracts with the Linn County Sheriff’s Department for law enforcement services. Contact City Administrator Scott McDowell to address any parking related issues. Any law enforcement issues should be addressed directly with the Linn County Sheriff’s Office. Of course, 911 for emergency calls and 541.967.3911 for non-emergency calls.

Does the City enforce the Association’s covenants & restrictions?

The City does not enforce any covenants, restrictions or otherwise associated with Association rules or deed restrictions. Such enforcement is the sole responsibility of the Association.

The City does enforce permitting issues and general nuisance complaints that fall under the general requirements of the Brownsville Municipal Code.

Is the River’s Edge Subdivision causing the power outage issues?

Developer Stephan Smith ran into power requirement issues with Pacific Power that caused great additional expense to Mr. Smith. Pacific Power had approved the plans with the power entering the subdivision from the south side of the subdivision and that was later reversed by Pacific Power. Also of general interest, the City historically experienced random power outages due to operational concerns at the substation located on OR 228. Pacific Power significantly improved that substation in 2017 and since the improvement the power supply to Brownsville has significantly improved. Recently, the State of Oregon has passed laws related to fire safety and climate change that could be impacting Pacific Power. Pacific Power has sent correspondence to customers about rolling blackouts and other measures they are taking to protect their assets during wildfires.

Who is inspecting construction at the River’s Edge Subdivision?

Public Works Superintendent Karl Frink field inspects the progress weekly. If any concerns arise regarding construction or civil engineering items, Karl will consult Elizabeth Coleman and/or Scott McDowell depending on the issue. Mr. Frink has completed the City's construction inspection for over eighteen years for all City capital infrastructure and for all housing units and developments. Frink inspected Phase I & II of the River's Edge Subdivision. Frink makes sure the civil utilities are installed according the plans submitted by the developer and approved by the City Engineer. Frink inspects water lines, sewer lines, storm water lines & appurtenances, the street, curbs & gutters, sidewalks and the installation of water meters & fire hydrants to ensure they are in compliance with the City's adopted Public Works Standards. During the construction phase, which is happening now, contractors are given latitude to complete the job. As the job goes along, if things are out of place as mentioned above, Frink corrects them in real time. Frink will also perform a final inspection of the entire Phase III improvements. Once that has met all requirements of the City, McDowell will write a resolution for Council to consider. The resolution certifies that all requirements have been met to the satisfaction of the Public Works Standards and any conditions required by the Planning Commission.