BINGEN CITY COUNCIL MINUTES
September 20, 2005
The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Randy Anderson, Betty Barnes, Barbara Hylton and Laura Mann. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Timi Keene, Penny White Morris, Tim Hearn.
Public Comment
Council Member Comments
Barbara Hylton said she
was happy to the see the areas along Highway 14 cut back and cleaned up.
Betty Barnes noted that Bingen Municipal Code 8.08.010 allows the city council to require owners of property in the city to remove or destroy trees, shrubs, or vegetation that overhangs any sidewalk or street in such a manner that obstructs or impairs the full use of the sidewalk or the street by the public.
Terry Trantow said that nothing has been done about the property located at the northwest corner of Jefferson and Alder.
Approval of Minutes – September 6, 2005
City council members noted changes to the September 6, 2005 minutes as
follows:
Page 1, 4th paragraph should read as follows: “Laura Mann noted that there are a couple of metal poles located in the sidewalk on Humboldt Street that are no longer being used. She asked if the poles are going to be removed. Brian Prigel said he will contact city staff about removing the poles.”
Page 2, 1st paragraph, last sentence should read as follows: “He said the granting agencies provide for some flexibility in allowing fund to be moved from one category to another.”
Page 2, 2nd paragraph, last sentence should read as follows: “He said that he understands the use of “commandeering” comes with some risks and liabilities.”
Page 2, 4th paragraph, last sentence should read as follows: “Prigel said the applicants proposed to provide for the parking that is required for lot 2 of a proposed 4-lot short plat on lot 1 of the some short plat.”
Page 2, 6th paragraph, first sentence should read as follows: “John Bryan said it will be difficult to provide for the two parking spaces on lot 2 due to topography and the steepness of Bridgeview Court.”
Page 2, 8th paragraph, first sentence should read as follows: “Betty Barnes asked if the cut in the bank below the second unit is on lot 2.”
Page 4, 11th paragraph, last sentence should read as follows: “He said Holt Drilling will be back to conduct pump tests and determine what size of pump needs to be installed.”
Page 5, add section “Fire Hydrants” with paragraph to read as follows: Betty Barnes asked if the fire hydrant replacement and repairs are being completed. Brian Prigel said he will check with staff.
Randy Anderson moved to approve the minutes of the September 20, 2005 city council meeting as amended. Terry Trantow seconded the motion and it was unanimously approved.
Public Hearing – Proposed Ordinance 05-06-514,
Projections in Side Yards Along Flanking Streets of Corner Lots
Brian Prigel explained why the proposed amendment is being recommended. He
provided an overview of why setback requirements are used by cities and
counties. Prigel said the city’s ordinance does not provide for any stairs,
steps, decks within side yards along flanking streets of corner lots. He said
the setback requirement is 15 feet. Prigel said the proposed amendment would
allow decks, stairs, and steps within five feet of the 15 foot setback.
Terry Trantow said he thinks the ordinance would address issues that arise with sloped properties.
Betty Barnes said she sees the benefit of such an amendment. She said the ordinance would allow a door on the side of a house.
Terry Trantow moved to approve Ordinance 05-06-514, Projections in Side Yards Along Flanking Street of Corner Lots. Laura Mann seconded the motion and it was unanimously approved.
Proposed Resolution 2005-03, Adoption of National
Incident Management System
Jan Brending said proposed Resolution 2005-03, adoptions the National
Incident Management System (NIMS) as required by federal law. Brending provided
the city council with background on NIMS (see memorandum dated September 13,
2005 – Resolution 2005-003, Adoption of National Incident Management System. She
noted the City of Bingen will have to complete five items to comply with the
federal requirements: 1) formal recognize NIMS and adopt the NIMS principles and
policies, 2) establish a timeframe and develop a strategy for full NIMS
implementation, 3) complete the NIMS awareness course, 4) establish a NIMS
baseline, and 4) institutionalizing the use of the Incident Command System
(ICS). Brending noted that cities must comply with the NIMS requirements or they
will no longer be eligible for federal grants.
Randy Anderson said that he viewed the NIMS website and noted that it is suggested that even executive level personnel take the NIMS awareness course.
Laura Mann moved to pass Resolution 2005-03, Adoption of National Incident Management System. Barbara Hylton seconded the motion and it was unanimously passed.
Sign Application – Yakima Services dba H&R Block
Jan Brending presented a sign application from Yakima Services doing
business as H&R Block. She said Yakima Services has purchased the business and
is seeking a permit for a temporary lighted sign that will hang in the office
window. Brending said the sign will be replaced at a later date with a “flag”
sign that will be attached to the outside of the building.
Barbara Hylton moved to approve the sign application by Yakima Services dba H&R Block. Betty Barnes seconded the motion and it was unanimously passed.
Falcon Cable Franchise Agreement – 90-Day Extension
Brian Prigel said the franchise agreement with Charter Communications (who
purchased Falcon Cable) has expired. He said the city extended the agreement
last September for one year. Prigel said the proposed extension agreement would
extend the franchise agreement until December 31, 2005. He said that if the
franchise renewal process is not too complicated then the 90-day timeframe will
work.
Jan Brending said Charter Communications has asked the city to start with their proposed agreement instead of using agreements that were developed for another city that are 6-years or more old. She said that in a discussion with Charter she asked for two clauses to be added to the agreement: one reserving the city’s right to charge a franchise fee in the future if it so chooses, and the second reserving the right to provide for “cable access”. Brending noted that providing “cable access” is a difficult topic and that there are two types of cable access. She said the city’s attorney will need to look at federal and state laws regarding cable access as to what the city’s responsibilities might be.
Tad Connors said it is important for the city to think about the following issues: right-of-way, franchise fees, and undergrounding and moving of facilities.
Brian Prigel said the franchise should also address the right to review new installations and requiring asphalt cuts to be repaired. Betty Barnes agreed. Jan Brending said that in addition to addressing the issue in the franchise agreement the city needs an ordinance and process that requires all utilities to obtain permit for work related to utilities within the City of Bingen.
Laura Mann said that because the city council has not gone through a franchise renewal process in the past there might be a need for more than 3 months. Barbara Hylton agreed.
Jan Brending suggested that Charter Communications might be open to a six-month extension. She said six months might provide the time the city needs to become familiar with the agreement.
Laura Mann moved to approve the franchise extension agreement with the date changed from December 31, 2005 to March 31, 2006 and that if Charter Communications does not agree to the change that the mayor can sign the agreement as presented. Barbara Hylton seconded the motion and it was unanimously passed.
Washington State Department of Transportation
Reciprocal Maintenance Agreement
Brian Prigel said the proposed agreement allows the City of Bingen and the
State Department of Transportation to request assistance from each other for
street maintenance. He said the agreement provides for reimbursement of the
costs associated with the performance of the maintenance. Prigel said the city
has held such an agreement in the past.
Tad Connors said he has read the agreement and that it is very well written.
Laura Mann asked for a clarification of the last sentence in section 1.1 which states “ The Parties understand and agree that the work of the Party possessing the labor, equipment, and materials takes first priority.” Jan Brending said it means that if the City of Bingen is providing services to WSDOT through personnel or equipment and something within the city comes up, the city has the right to pull the personnel and equipment and apply it towards city projects or vice versa for WSDOT.
Terry Trantow moved to accept the Reciprocal Maintenance Agreement with Washington State Department of Transportation. Randy Anderson seconded the motion and it was unanimously passed.
Treasurer’s Reports – June, July and August 2005
Jan Brending presented the Treasurer’s Reports for June, July and August
2005.
Laura Mann moved to accept the Treasurer’s Reports for June, July and August 2005. Randy Anderson seconded the motion and it was unanimously passed.
Mayor’s Update
Daubenspeck Park – Log and Flume
Brian Prigel said he has been approached by the Public Works Department
regarding getting rid of the log stump that is located in Daubenspeck Park. He
said he believes the log stump was placed in the park for the timber carnival
that used be held in Bingen. He said it is rotting and is a trash collector.
Brian Prigel said that in addition the city council had previously agreed to donate the flume that is located in the park to the Skamania County Historical Society. He said that given Broughton Lumber’s plans to develop a resort at the old mill site it is possible they might wish to display the flume on their property.
Jan Brending said she would like to contact SDS and see if they have a way of moving the flume to the Columbia Gorge Interpretive Center in Stevenson.
Betty Barnes moved to authorize the removal of the log stump from the park due to vandalism and safety issues. Barbara Hylton seconded the motion. The motion carried 4 to 1 with the following vote: Anderson – Aye, Barnes – Aye, Hylton – Aye, Mann – Nay, Trantow – Aye.
Barbara Hylton said she thinks the flume should continue to go to the Skamania County Historical Society with a condition that if Broughton Lumber wants it back that it be returned to the company.
Jan Brending said she can check with SDS to see if Broughton would want the flume back.
Barbara Hylton moved to confirm that the city wants to donate the flume to the Skamania County Historical Society with the condition that if the Broughton Lumber Company wants the flume that it be returned to the company. Terry Trantow seconded the motion. The motion carried 4 to 1 with the following vote: Anderson – Aye, Barnes – Aye, Hylton – Aye, Mann – Nay, Trantow – Aye.
Well Rehabilitation
Brian Prigel said Holt Drilling is back on site and have started the pump
tests on the two wells. He said that once the results of the pump tests have
been completed the public works department will order new pumps. Prigel said he
hopes the wells will be back on line within one to two weeks. He said that he
hopes to get better than 300 gallons per minute with both wells combined.
Jefferson Street Bridge
Jan Brending reported that Bell Design has submitted draft plans and
specifications for the Jefferson Street Bridge.
Community Action Plan
Brian Prigel said the city has received 8 proposals from consultants for
updating the city’s Community Action Plan. He said a recommendation will be made
at the October 4 meeting. Prigel said he hopes to get the public involvement
component done before Thanksgiving.
Joint Council Meeting
Jan Brending reminded the city council that a joint council meeting with
White Salmon will be held Thursday, September 22 at 6:30 p.m. She said the two
items on the agenda is a presentation by Klickitat County for building official
services and a review of how the Bingen-White Salmon Police Department is doing.
Brian Prigel asked the city council to review the materials provided by staff relating to Klickitat County’s proposal.
Miscellaneous
Tim Hearn said that it seems that people are speeding up as they go over the
Jefferson Street Bridge since the steel plates have been placed on the bridge.
Terry Trantow said that they are a little bit noisier in the last couple of
weeks.
Betty Barnes asked if the surplus fire truck has been sold. Brian Prigel said that the city is going to try to sell it on E-bay. Jan Brending said that she is looking into whether there are any legal issues of selling on E-bay and using Brian Prigel’s E-bay account.
Executive Session
Brian Prigel announced at 8:20 p.m. that the city council will meet in
executive session for 20 minutes to discuss potential litigation.
The city council resumed regular session at 8:30 p.m.
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
September 20, 2005. The council by unanimous vote does approve for payment the
following list: warrants 6977 through 7006 totaling $32,615.06 and payroll
warrants 6371 through 6386 totaling $10,278.39, and manual warrants 501038 and
6075-6076 for a total of $60,465.30 for a total of $103,358.75: Current -
$58,453.33; Street - $2,051.65; Street Construction and Maintenance - $5,010.50;
Water - $2,098.60; Sewer - $741.12; Treatment Plant - $4,534.01; Dallesport
Treatment Plant - $4,392.64; Water Construction & Maintenance - $12,422.70;
Dallesport Billing Trust Fund - $13,654.20.
At 8:35 p.m. the Council adjourned.
Jan Brending
Brian Prigel
City Clerk
Mayor