BINGEN CITY COUNCIL MINUTES

February 5, 2007

The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Laura Mann, Sandi Dickey and Betty Barnes. Council members absent: Tim Hearn. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Larry Murphy, Stan Dickey, Dave Landgren, Frank Childs, Theresa Rundell, Greg Kish, Ruth Winner, Jesse Burkhardt.

Public Comment
Larry Murphy, Eagles
Larry Murphy asked if the city could stripe the Eagles parking lot when the city does it street striping. He said the public uses the parking lot.

Tad Connors said the property does not belong to the city and is not designated as a public parking lot therefore the city could not contribute funds toward the striping.

Brian Prigel said that if there was a formal agreement that the parking lot was to be used for public parking then the city might be able to stripe it.

Laura Mann, Bingen
Laura Mann said that she was talking to Scott Hohensee recently and he has expressed an interest in the skate park issue. She said Hohensee has volunteered to help with donated labor.

Approval of Minutes – January 16, 2007
Corrections to the draft January 16 city council meeting minutes were noted as follows:

Page 1, 2^nd paragraph, 1^st sentence should read as follows: “Laura Mann said she would like to commend Dena Riggleman and Esteban Sanchez for responding and quickly getting a stop sign replaced.”

Page 2, 12^th paragraph, 2^nd sentence should read as follows: “She said Pioneer Engineering will provide services for the project including assisting the city through the bidding phase and developing as-built plans for an estimated cost of $14,604.”

Page 3, 3^rd paragraph, 4^th sentence should read as follows: “She said the city may not have to develop the Report of Examination and may not need to attend two meetings and therefore would not be billed for those hours associated with that work.”

Betty Barnes asked for clarification of the minutes identifying changes to the January 2 council meeting minutes.

Jan Brending said there was a discussion amongst council members regarding painting the Eagles building. She said the discussion did not affect the minutes.

Laura Mann moved to approve the minutes of the January 16 city council meeting as amended. Betty Barnes seconded the motion and it was unanimously passed.

Dry Creek Flooding, Stan Dickey – Dickey Farms
Stan Dickey said that on December 14 a flood storm occurred which caused some flooding in Dry Creek which resulted in some flooding at Dickey Farms. He said that he spoke to Brian Prigel on December 22 and called him in January and has not heard back so he wanted to speak to the council. Dickey provided pictures of the flooding debris to the city council. He said that flooding of this sort has never been a problem until this year and feels it is attributed to the changes related to the highway construction. Dickey said he would like to see the issue resolved as soon as possible to ensure that it does not happen again.

Brian Prigel said the city council has authorized him to contact Bell Design and ask for an engineering proposal to address the type of flooding that recently occurred with Dry Creek associated with debris build up. He said Bell Design will bring back a cost proposal to develop some engineering alternatives to address the debris that builds up in Dry Creek. Prigel said the flooding that recently occurred is very different than the type of flood that occurred in 1996. He said that he hopes a solution can be designed to deal with debris buildup so that staff does not have to be placed at the grate 24 hours at time during a heavy rain.

Stan Dickey said he feels that the city has altered the flood plain and that it could be an adverse condemnation.

Tad Connors said it would be called an inverse condemnation.

Stan Dickey said he feels the city needs to find a solution to the problem.

Brian Prigel said he will have a cost estimate for the engineering costs at the next council meeting.

Laura Mann said she feels that David Spratt is much more aware of the problems with Dry Creek and will be working to keep the grate free of debris.

Stan Dickey said he also believes there is a problem during normal heavy rains where the water along the highway goes over the driveways and into Dickey Farms properties.

Brian Prigel said he will try to get some documentation of the problem and contact WSDOT (Washington State Department of Transportation).

Stan Dickey asked if the city can help with cleanup of Dickey Farms property.

Tad Connors said Dickey Farms can file a claim with the city. He suggested Dickey Farms may want to talk with an attorney.

Stan Dickey said he will send the city a bill. He said he would prefer not to get lawyers involved and would like to work with the city but will make sure the issues are taken care of.

Betty Barnes asked if the state has been contacted about flooding issues.

Brian Prigel said no. Prigel said that if water is going over the driveways in a normal heavy rain then it is WSDOT’s responsibility to deal with it.

Jan Brending said she will contact Local Programs at WSDOT and let them know there is a potential problem.

Stan Dickey said he remembers in the planning phase he was told that there would not be a problem with heavy rain but if it was a problem it could be dealt with later. Dickey reiterated that he would like to work with the city.

Public Hearing – Proposed Short Plat 2006-001, Our Savior Lutheran Church
Brian Prigel provided an overview of a proposed short plat submitted by Our Savior Lutheran Church. He said the proposal involves short platting a parcel into three lots.

Terry Rundell said she is representing Our Savior Lutheran Church. She said the church had originally wanted to develop a school on the property but has since decided not to. She said the church needs to raise some income and has decided to sell a portion of its property, specifically lot number 3 of the short plat. Rundell said the church would keep lot number 2 for a future parsonage.

Jan Brending provided an overview of the staff report dated February 2.

Laura Mann asked who would pay for a fire hydrant if the city required one to be installed.

Brian Prigel said it could be a shared expense.

Laura Mann said she is concerned about the proposed private road.

Betty Barnes asked if the property is currently zoned R-1, Single-Family Residential.

Jan Brending said yes.

Gregory Kish, Bingen
Gregory Kish said he lives at 109 E. Jefferson directly across the street from the subject property. He said one of his biggest concerns is runoff. Kish said that water runoff floods between his house and garage and has possibly even moved the foundation. He said he currently manages the water drainage but does not want to see any more water added to the problem.

Brian Prigel said he has viewed the subject property and the street along the 100 block of E. Jefferson. He said that feels the water runoff affecting Kish is mostly coming from the street. Prigel said there is ditch that runs between the church property and East Jefferson. He said the city would require that storm water runoff be managed on site and would be addressed through the building permit process.

Gregory Kish said that one of the reasons he moved to Bingen is because he likes the hillside on the church’s property. He said he feels that this short plat is just the first step towards more development on the property.

Brian Prigel asked Kish if there were other issues he was concerned about.

Gregory Kish said he is concerned about parking. He said the properties on the south side of Jefferson do not have parking because of the way the houses are located. Kish said he would not want to lose any on-street parking on the north side of Jefferson.

Terry Rundell said the church is aware of concerns regarding parking on the north side of Jefferson which is why they are proposed a private road to access lot 3 instead of access off of Jefferson. Rundell noted that she is not aware of any runoff problems from the church’s property. She said that when snow melts it runs into the culvert.

Greg Kish said he understands the church’s proposal but is concerned about what the next property owner will do.

Brian Prigel said that the property will be limited for development because the power line easement that runs through the property and the slope of the property. He noted that the city requires two off-street parking spaces for every dwelling unit. Prigel said he believes the city’s ordinances will address Kish’s parking concerns.

Frank Childs said the recorded PP&L (Pacific Power and Light) easement has no width attached to it. He said the utility will have a minimum width that can’t be built on. Childs said he used 40 feet to address any concerns by PP&L.

Jan Brending noted that any further land divisions or rezone requests would require further action by the city council and would include public notice and public hearings.

Laura Mann asked what the rationale is for the T-stub off of the private road under the power line.

Frank Childs said that it would allow options for future use of lot number 3. He said that initially the existing driveway would be used to access the proposed lots and that the proposed private road/easement would be used in the future.

Dave Landgren asked if lot number 2 is located above the church’s existing parking lot.

Terry Rundell said yes.

Jan Brending noted that if the proposed short plat is approved and finalized lot number 2 could be sold.

Laura Mann asked Rundell if she is aware that the private road/easement needs an additional 20 feet in width.

Terry Rundell said yes. She said that a 50 foot easement would have to run through a retaining wall that the church wants to maintain.

Terry Trantow suggested that the proposed private road will need to be developed prior to the final short plat approval.

Brian Prigel asked at what point does the road need to be developed. He asked Tad Connors to review the ordinance and clarify the issue.

Terry Trantow said that the ditch along the north side of Jefferson does not have an outlet. He said that water flows through the block to Maple Street and then to Highway 14. He said the pipe is clearly no longer functional. Trantow said he feels storm water needs to be addressed. Trantow said he is also concerned with the traffic flow at Jefferson and Highway 141/Oak. He said that if the property is fully developed traffic in the area could be a problem.

Terry Rundell said she does not believe traffic has been a problem. She noted that even in the 1996 flood there was no problem with flooding in the area of the church.

Terry Trantow said that Ruth Knutson who lives in the area can speak about flooding issues in the area.

Brian Prigel said that the city usually addresses storm water for each new development such as a new road or new structure. He said it is the city’s job to ensure that new impervious surfaces to not produce additional storm water runoff.

Terry Trantow said he is concerned about the intersection of Jefferson and Highway 141/Oak.

Jan Brending said the intersection and the proposed private road entrance already exist.

Trantow agreed but says he believes it is an existing problem that will get worse.

Decision on the proposed short plat was delayed until a variance application can be submitted requesting a 30 foot easement for the private road. Tad Connors will clarify whether or not the private road will need to be constructed prior to approval of the final short plat.

Laura Mann asked Tad Connors to review the criteria for approval of a variance.

Tad Connors said that it needs to be hardship, is not a problem that has been created by the property owner, is something that would prevent the property from being used on similarly situated parcels.

Jan Brending said that a hearing on a variance request could be scheduled for March 6 if the application is received by Friday. She said review and decision on the proposed short plat could also be scheduled at the same meeting.

Residential Use – Commercial Zones
Jan Brending said she has provided the city council information regarding some issues related to residential uses with commercial zones (see memorandum dated February 2, 2007). She said she is asking for some clarification of the intent of the ordinance that allows residential use in conjunction with a use permitted outright. Brending asked if the city council wants to continue to allow the residential uses as a conditional use. She said the city has also received several inquiries about the development of condominiums. Brending said she is seeking council direction on whether or not to pursue the development of ordinances that would allow condominiums in the commercial and R3 zones.

Brian Prigel said the he believes it was the city’s intent to allow residential use on the second floor with commercial use on the bottom which is the broader interpretation of the ordinance. He said he feels it is important to keep the residential use as a conditional use so that the council can address such things as parking.

Jan Brending said she agrees because the city has exempted its core downtown area from off-street parking requirements and that the conditional use process would be used to address residential parking requirements.

Tad Connors said he is concerned about using the broader interpretation of the ordinance due to the use of the words “in conjunction”. He said if the city wants to allow residential use as long as a portion of the building is used for retail that the language should be modified.

There was consensus of the city council to pursue a modification to the existing ordinance to allow for the broader interpretation of allowing residential use with a commercial use, keep the residential use as a conditional use and to develop proposed ordinances providing for condominiums in commercial and R3 zones.

Treasurer’s Report – December 2006
Laura Mann moved to accept the Treasurer’s Report for December 2006. Betty Barnes seconded the motion and it was unanimously passed.

Old Business
Dog Ordinance
Jan Brending said copies of dog ordinances have been provided to the city council. She said a workshop will be scheduled at the next council meeting.

Mayor’s Update and Council Member Comments
Klickitat County EDA Grants
Brian Prigel said the EDA board will review the proposals for the EDA Grants on Thursday. He said he will be attending that meeting.

Maple Street Reconstruction
Brian Prigel said he meet with the engineers to review the design for Maple Street. He said there is a design issue that needs to be resolve involving the southeast corner. Prigel said the goal is to include a turning lane and sidewalks. He said that once the issue has been resolved he will bring a proposed design to the city council for review.

Banning Dogs
Betty Barnes said she has pulled information from the MRSC site regarding cities banning dogs of certain types. She said the issue is very controversial but feels it is something the city should consider.

Crimes Against Property
Betty Barnes noted that in the AWC legislative report that a bill was proposed raising the felony threshold for crimes against property from $250 to $750.

It was noted that individuals can comment on proposed bills through the local legislative representative or through AWC.

Tree Purchase
Brian Prigel noted that Public Works has purchased some tree seedlings that will be planted in the park and along the road at the public works shop.

Graffiti
It was noted that there have been some episodes with graffiti and that it has been cleaned up very quickly.

Vouchers
Vouchers audited and certified as required by RCW 42.24.080 and expense reimbursement claims certified as required by RCW 42.24.090 as of this date February 5, 2007. The council by unanimous vote does approve for payment the following list: warrants 8161 through 8204 totaling $21,568.19; payroll warrants 6847 through 6861 totaling $19,179.13, and manual warrants 973138, 975821, 997172, 995145 totaling ($810.23) for a total of $39,937.09. Current - $14,688.99; Street - $3,793.82; Street Equipment Reserve - $544.50; Water – $4,083.48; Sewer - $1,484.81; Treatment Plant - $9,210.27; Dallesport Treatment Plant – $5,356.66; Sewer Construction/Maintenance - $95.00; Water/Sewer Equipment Reserve - $664.71.

The council adjourned at 8:45 p.m.

Jan Brending Brian Prigel
City Clerk Mayor