BINGEN CITY COUNCIL MINUTES
 

October 17, 2006

The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Tim Hearn, Laura Mann, and Betty Barnes. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Ruth Winner, Etta Hepner, Tom Hons, Jennifer Ast, Lee Ast, Carl McNew, Jason Spadero, Lisa Jacobs.

Approval of Minutes – October 3, 2006
Corrections to the meeting minutes of October 3 were noted as follows:

Page 5, add paragraph after 2^nd paragraph: “It was agreed to add discussion of the recycling center as a future agenda item to get public input in addition to providing information through an upcoming city newsletter.”

Page 6, 3^rd paragraph should read: “Brian Prigel said one of his concerns is that White Salmon is facing infrastructure problems that will cost approximately $4 million with the possibility of $1 million of the $4 million coming from Bingen.”

Laura Mann moved to approve the minutes of the October 3 city council meeting as amended. Betty Barnes seconded the motion and it was passed unanimously.

Broughton Land Project Update, Jason Spadero
Jason Spadero provided information to the city council regarding the proposed resort to be located at the old Brought mill site in Skamania County. He noted that Broughton Lumber Company has applied to the Gorge Commission for an amendment to the Scenic Area Management Plan which if passed would allow the project to move forward. Spadero said the company is trying to pull in as many interest groups as possible. He said the company has met with interest groups, agency representatives and others to determine the issue and how to resolve them. Spadero said the resort would not be designed as a hotel or conference center facility with a small general store and restaurant within the lodge. He said the units would be sold with 70% of the units placed in a rental pool.

Jason Spadero said he is asking for a statement of support from the City of Bingen. He said the company currently has 16 letters of support for the project.

Brian Prigel asked how the rental pool would be handled and Betty Barnes asked if the facility would be a time share.

Jason Spadero said the units will not be on a time share basis. He said the units will be individually owned or jointly owned. Spadero said 30% of the units will be sold outright with unrestricted use and that the other 70% will be placed in a rental pool for a specified number of weeks per year. He said property owners will be able to live in the rental pool units for only a specified amount of time. Spadero noted that if a unit is owned by 3 or more individuals the unit will not be considered as one of the permanent residences.

Brian Prigel noted that he did attend some of the work sessions previously held by Broughton Lumber. He said that those in attendance at the work sessions agreed that the resort development would be a good thing if some of the issues could be addressed.

Jason Spadero said he believes the resort will get people into the area and have them go out into the neighboring communities and spend money. He said the company has given some conservation easements but there is a certain size and mass that is needed to make the project viable.

Betty Barnes asked if any of the units will be available for rental on a nightly basis.

Jason Spadero said the company does not want to the resort to become a hotel and wants to see more long-term stays.

Tim Hearn asked what kind of workforce will be needed to run the facility.

Jason Spadero said that when all three phases are completed the resort will employ approximately 60 full time employees.

Tim Hearn asked how long it will take to complete the project.

Jason Spadero said that phase I will take approximately 3 to 5 years once the approval for zoning is obtained.

Tim Hearn asked if any of the existing buildings will be used in the resort.

Jason Spadero said that only 2 of the buildings will be used but hopes to use many of the old beams. He noted that the document he provided shows the site plan on one site and has a narrative about the project on the reverse. Spadero said the resort will include a museum that interprets the history of Broughton Lumber.

Tim Hearn moved to authorize the mayor to write a letter of support for the Broughton Landing project. Terry Trantow seconded the motion and it was unanimously passed.

Betty Barnes asked if the city could receive copies of the letters of support already provided for the project. Jason Spadero said he will provide the city with copies.

Request to Amend Sign Ordinance, Mt. Adams Chamber of Commerce
Carl McNew said he is the president of Mt. Adams Chamber of Commerce and is the manager for Windermere Realty. McNew said the Chamber of Commerce is requesting that the sign ordinance be amended to provide for signage up to 8% of the face of the structure. He said that both White Salmon and Hood River allow signs that equal 8% of the face of the structure. McNew provided a list of businesses that support the proposed amendment. He said that businesses are operating at somewhat of a disadvantage to the businesses in Hood River and White Salmon.  He said that traffic goes through the town a small sign is not going to capture someone’s attention. McNew said that the signage in Hood River and White Salmon gives those businesses a competitive advantage over the businesses in Bingen.

Carl McNew said that Glenn Taylor who owns Windermere Realty also supports the proposed amendment. He said Taylor said the minimum signage allowed should be 8% not the maximum and feels it is a disservice to Bingen businesses not to have the 8% available.

Carl McNew said the more that can be done to assist businesses than the more successful they will be with more sales tax provided to the city and with less turnover.

Lee Ast read a letter into the record from Greg Colt who is the new owner of the City Center Motel. Greg Colt supports the proposed amendment.

Brian Prigel said the city council has been aware for some time that the city’s sign ordinance has some drawbacks and needs to be cleaned up.

Jan Brending said she has provided a copy of Bingen, White Salmon and Hood River’s sign ordinances to the city council. She recommended that Bingen’s sign ordinance be amended in its entirety using a combination of White Salmon and Hood River’s ordinances. Brending said a public hearing could be scheduled for the second meeting in November for adoption of the new ordinance. She said that notice would be sent to all the businesses located in Bingen soliciting public input.

Laura Mann thanked the businesses for their participation and interest.

Betty Barnes noted that at the last workshop the council held on the sign ordinance the total height of freestanding signs was an issue that should be considered in the revised sign ordinance.

Betty Barnes thanked Lee Ast and Carl McNew for the work down in the downtown flower beds.

Request for Easement, Stonecliff Development
Lisa Jacobs provided information to the city council regarding her request for an easement across the city’s reservoir property. She said she is asking for council consideration of granting an easement, annexing a portion of the Stonecliff Development property into Bingen, and the development of an 18-lot subdivision.

Brian Prigel said his understanding of the proposal is that Stonecliff Development would like to annex a portion of the property into Bingen, develop 18 homes and obtain an easement in exchange for Dry Creek and the parcel below the reservoir.

Betty Barnes asked if the easement would provide access both in and out of the Stonecliff property.

Lisa Jacobs said it is her understanding that emergency access in and out is needed. She said that unless the fire department says otherwise that is what is needed.

Betty Barnes asked if Jacobs has brought a definition of “emergency.”

Lisa Jacobs said she is waiting to see if the council is interested and will approve the proposal before moving ahead.

Tim Hearn asked if it is correct that the city is still working with Wil Schuemann for a land exchange and that until that is completed the city can’t do anything regarding an easement.

Tad Connors said that it is not correct that the city cannot provide an easement over the land it currently owns. He said the city could provide an easement to Stonecliff that would then go with the property.

Betty Barnes said the city has a binding good faith deal with Schuemann.

Tad Connors said the city is obliged to act in good faith but it is not done until it is signed and completed. He said at the present time the city does not know what the property is worth.

Betty Barnes asked how much is the easement worth that Stonecliff is requesting.

Tad Connors said the city now has a better idea of its worth because Stonecliff is offering Dry Creek and an additional property in exchange for the easement. Connors provided an explanation of how easements work and how the costs of easements are determined.

Betty Barnes asked if that if the property the city owns costs more than the property Schuemann owns he would be required to pay additional costs for the land exchange to be completed.

Tad Connors said that is correct.

Laura Mann asked if it is the desire of the city to own Dry Creek. She asked if the council should have a work session regarding Dry Creek.

Lisa Jacobs said it was her understanding that the city wanted Dry Creek.

Laura Mann said she looks forward to the Stonecliff development but feels there is a need for more information. She suggested holding a roundtable discussion with Stonecliff Development.

Lisa Jacobs said she would like to meet with the council.

Tad Connors noted there is language in the letter from Jacobs regarding the Landgren property and asked what it is referring to.

Lisa Jacobs said Stonecliff will need an easement across Landgren’s property and thought the city could grant such an easement.

Jan Brending said the city can not grant an easement across property it does not own. She reminded Lisa Jacobs that at two different meetings she had suggested that Jacobs contact the Landgren’s as soon as possible about obtaining an easement because without it they would not have access to the city’s property for an easement.

Terry Trantow suggested that comments on any proposed annexation should be separate from a proposed subdivision as they are separate issues.

Betty Barnes asked Jacobs that if the easement was not provided would the annexation take place.

Lisa Jacobs said no.

Brian Prigel said because of the nature of the property dual access would be required and that the existing access to the city’s reservoir is one of the only potential places for access.

Lisa Jacobs said the fire chief in White Salmon has said that dual access would be required and therefore felt that would be the same requirement in Bingen.

Tad Connors asked if the easement would serve only the 18 acres that would be annexed into Bingen.

Lisa Jacobs said no it would serve all of Stonecliff Development.

Laura Mann said she feels it is necessary to see the whole concept of the proposed development.

Lisa Jacobs said that it was her understanding that Dry Creek was something the city wanted. She said that if that is not the case Stonecliff could offer something else.

Terry Trantow said the council has not made any decision whether it wants Dry Creek or not.

Betty Barnes said the city should be looking at its goals.

Brian Prigel suggested city council members visit Dry Creek.

Jan Brending noted that in previous city council discussions regarding Dry Creek flooding that the portion of Dry Creek directly north and adjacent to Highway 141 was identified for an area that could be developed to help reduce flooding in the future. She said that even if the city determines that it does not want to develop a trail along Dry Creek it might want to consider the lower portion for flood management.

Tim Hearn said he wants both Dry Creek and the annexation to go forward.

Brian Prigel said the city council should look at Dry Creek and see if it is suitable for a trail.

Sunday, October 22 at 3:00 pm was set for site visit to Dry Creek.

The council agreed to put the issue of Dry Creek on the agenda for the first meeting in November.

Tim Hearn asked how long the process with Schuemann can keep going. Tad Connors said until it is done.

Laura Mann said she is interested in the Stonecliff project in whole. She asked if Jacobs has something that shows what is being planned.

Lisa Jacobs said Stonecliff is proposing to annex 9 acres into White Salmon, 18 acres into Bingen and keep 20 acres in the county.

Laura Mann said she is somewhat concerned with lots adjacent to Dry Creek due to concerns with erosion.

Public Hearings, Ordinance 06-07-528 , Amending BMC 13.04.120, Service Classifications and Charges Designated for Water Service and Ordinance 06-08-529, Amending BMC 13.24.030, Monthly Sewer Rates
Jan Brending said the two ordinances provide for the rate increases previously discussed at the last city council meeting. She said notice was mailed to all city water and sewer customers. Brending said she spoke with one resident who voiced concerns regarding citizens on fixed incomes.

Betty Barnes moved to approve Ordinance 06-07-528, Amending BMC 13.04.120, Service Classifications and Charges Designated for Water Service and Ordinance 06-08-529, Amending BMC 13.24.030, Monthly Sewer Rates. Laura Mann seconded the motion and it was unanimously passed.

Public Hearing, Ordinance 06-09-530, Amending BMC 10.14, Stopping, Standing or Parking
Jan Brending said the proposed amendments combine three ordinances into one and eliminating two. She said the ordinance includes all areas as previously discussed by the city council.

Tad Connors said that some enforcement provisions and possible impounding provisions may need to be added to the ordinance in the future.

Betty Barnes suggested working on that particular amendment after the first of the year.

Jan Brending noted that the loading zone adjacent to the post office on Alder needs to be added to BMC 10.14.030 C. as follows: “2. One parking space on the west side of Alder, north of Steuben Street.”

Betty Barnes moved to adopt Ordinance 06-09-530, Amending BMC 10.14, Stopping, Standing, or Parking as amended. Laura Mann seconded the motion and it unanimously passed.

Public Hearing, Ordinance 06-06-527, Adopting BMC 3.01, Payment of Claims or Obligations
Jan Brending said the proposed ordinance allows the City of Bingen to begin paying its bills by checks instead of warrants. She said the city will need to order checks and make some minor changes in the financial software to do the transition.

Betty Barnes moved to adopt Ordinance 06-06-527, Adopting BMC 3.01, Payment of Claims or Obligations. Terry Trantow seconded the motion and it was unanimously passed.

Resolution 2006-005, Establishing 2007 Salary Schedule
Jan Brending said the proposed resolution provides the 2007 salary schedule which includes a 2.8% cost of living increase as previously discussed by the city council.

Tim Hearn moved to adopt Resolution 2006-005, Establishing 2007 Salary Schedule. Laura Mann seconded the motion and it was unanimously passed.

Small Works Roster Bid, Park Well Pump Installation – Review of Bids and Award
Jan Brending said the city received three bids for the pump removal and installation at the Park Well: M-K Drilling - $4,300.00, Person Pump and Well Drilling - $5,778.13 and Hold Drilling - $12,362.50. Brending recommended the project be awarded to the low bidder M-K Drilling.

Terry Trantow moved to award the small works roster project to M-K Drilling for pump removal and installation at the Park Well for $4,300.00. Betty Barnes seconded the motion and it was unanimously passed.

Jan Brending noted that M-K Drilling has offered to purchase the 40hp pump and associated equipment.

Laura Mann moved to authorize the surplus of the 40hp pump and associated equipment. Betty Barnes seconded the motion.

Small Works Roster Bid, Bio-Solids Storage Upgrade
Jan Brending said the city received one bid from Springhill Construction in the amount of $21,499.25 which is higher than the engineer’s estimated. She said she has spoken with Bell Design and Tom Hons and is recommending that the project be rebid next summer with the work to be completed in September. Brending said she is hopeful that more contractors will bid on the project and the city will get a better bid price.

Tom Hons agreed. He said the early fall is the best time to do the project.

Tim Hearn moved not to accept the low bid due to it being over engineer’s estimate and rebid the project next year. Betty Barnes seconded the motion and it was passed unanimously.

Mayor’s Update and Council Member Comments
Gorge Heritage Museum
Jan Brending provided information to the city council regarding a punch list developed by Mike Wellman. She said the city council can declare the roof and heating items as emergencies so that the city can select a sole source contractor to get the work done as soon as possible.

Tim Hearn moved the city declare the Gorge Heritage Museum roof and heating emergencies. Terry Trantow seconded the motion and it was unanimously passed.

Ruth Winner said there were delays in getting the construction work done on the basement wall. She said that Springhill Construction provided her with a schedule that they did not follow.

Jan Brending asked Brian Prigel if the city crew could identify item #4 – cleaning, caulking and painting the north side of the museum. Brian Prigel said that would be a good idea.

Ruth Winner said she feels that item #8 finishing the interior of the north wall can be done by  museum volunteers.

Betty Barnes said that she believes the building is the city’s responsibility but feels that the purchase of a new heater for the downstairs area may fall under the museum’s responsibility.

Jan Brending said that the heater downstairs was disconnected so that the wall could be repaired. She said that because of its age it should not be reinstalled and probably doesn’t meet current codes. Brending said she feels the heater is part of the repair of the basement wall.

Laura Mann moved to allow Brian Prigel to authorize the purchase of a new heater up to $3,000. Betty Barnes seconded the motion.

Fire Truck Purchase Refund
Brian Prigel said the city has received a request from Robert Nako who purchased the surplus fire truck from the city. He said Nako is requesting a full refund in addition to reimbursement of travel and other related expenditures. Prigel said the advertisement and subsequent communications prior to the purchase never indicated that the truck could be driven to California. He said that he always indicated that the truck was 50 years old and that it couldn’t be driven over 45 miles per hour.

Jan Brending said the title was signed over in August.

Laura Mann moved to deny the request from Robert Nako. Betty Barnes seconded the motion and it was unanimously passed.

White Salmon Water Rights
Jan Brending provided an overview of the meeting with White Salmon in Yakima regarding White Salmon water rights. She said it appears that the PUD will provide a temporary transfer of water rights to the city of White Salmon through the PUD Cliff Trust. Brending said she received information from the Department of Ecology and Department of Health relating to Bingen’s water rights and protecting its interest in the White Salmon well field. She said she hopes to present information and options to the city council at first meeting in November.

Appointment of City Council Members
Laura Mann asked if the council can vote not to appoint someone if they are the only candidate.

Tad Connors said yes.

Jan Brending reminded the city council that they can meet in executive session to discuss the qualifications of a candidate but must make the decision in public.

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 October 17, 2006. The council by unanimous vote does approve for payment the following list: warrants 7914 through 7947 totaling 47,692.18; manual warrants 7913 and 501051 totaling $$12,510.96, and payroll warrants 6719 through 6729 totaling $15,007.73 for a total of $75,209.97: Current - $8,959.24; Street - $2,310.68; Building Construction - $16,196.58; Water – $20,099.77; Sewer - $1,753.22; Treatment Plant - $7,178.56; Dallesport Treatment Plant - $6,251.86; Dallesport Trust Fund - $12,460.06.

Executive Session
At 9:20 p.m. Brian Prigel announced that the city council will go into executive session for 5 minutes to discuss potential litigation.

At 9:25 p.m. the council resumed regular session and adjourned.

Jan Brending                                                            Brian Prigel
City Clerk                                                                Mayor