BINGEN CITY COUNCIL MINUTES
December 5, 2006
The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Tim Hearn, Laura Mann, Sandi Dickey and Betty Barnes. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Mr. and Mrs. Bergstrom, Jesse Burkhardt, Ruth Winner, Mamie Potter, Kitty Landgren, Robert Vanderkloot, Bruce Brending.
Public Comment
Mr. and Mrs. Bergstrom, Bingen
Mr. and Mrs. Bergstrom said they live two doors down from the Gorge Heritage Museum and want to complain about the pit bulls that live behind them. The Bergstroms said the dogs jump the fence and charge them. They said the police have been called several times but nothing is being done. Mr. Bergstrom said he does not want to have to carry a gun or have to set animal traps. He said there are a lot of kids in the neighborhood and is concerned about their safety including his own child.
Tim Hearn said the dogs that Bergstrom is speaking about are not very nice dogs.
Bergstrom said he has helped a neighbor build a fence to try to keep the dogs off of their property. He said the dogs in question are a hazard and are dangerous dogs.
Betty Barnes asked what can be done under the city’s current dog ordinance.
Tad Connors said not very much. He said the state statutes offer a dangerous dog option but it does not work for the city right now. Connors said the city’s dog ordinance is really a nuisance ordinance. He said he would like the city council to make dogs at large a crime as a temporary measure until the city can address the dog ordinance in its entirety.
Brian Prigel said dogs are a challenge. He said it is partially a funding issue related to dog impoundment.
Mrs. Bergstrom said she is seriously concerned for her and her son’s safety. She said that she has to leave the house sometimes up to 3 different times during the day and is always on the watch for the dogs. She said the problem is getting worse not better.
Mr. Bergstrom said citizens should not have to wait until something serious happens to have something done about the dogs. He said that he has talked to some of his neighbors about the issue. Bergstrom said police reports have been filed. He said that he does not feel building a bigger fence will solve the problem.
Betty Barnes said the dogs in questions are not an isolated event. She said there have been several dogs near the park that have come at her.
Brian Prigel said the city does not have any impound facilities. He said Hood River County is in the process of completing a facility but does not know if the county would be willing to contract with Bingen for impound facilities.
Bergstrom said he does not have problems with lose dogs but with charging dogs.
Laura Mann asked if the owners have been fined.
Bruce Brending said the dog owner has been cited. He said that at the present time the police department is not able to do anything more than write tickets. Brending said the dogs cannot be impounded legally. He said the officers have been following the advice of the prosecutor.
Betty Barnes asked if the White Salmon dog ordinance provides any more power.
Bruce Brending said no.
Robert Vanderkloot said the dogs in question have attacked his dog. He said that as a result he has built a fence. Vanderkloot said the dogs are definitely aggressive. He said he does not feel the dog owners are taking care of the dogs and that the dogs are neglected. Vanderkloot said that if you turn your back on the dogs they will bite you.
Brian Prigel said the city council is going to have a discussion later in the meeting about the city’s dog ordinance and a recommendation from the city attorney.
Oath of Office – Sandi Dickey
Mayor Brian Prigel administered the oath of office for Sandi Dickey. Sandi Dickey took her seat as council member.
Approval of Minutes
Corrections to the minutes
of the November 21 meeting were noted as follows:
Page 4, last paragraph, 2nd sentence should read as follows: “She noted that a tree across the street needs to be removed by the city and the city is in the process of determining whether the tree is in the right-of-way or on private property.”
Page 5, 4th paragraph should read as follows: “Betty Barnes said she would like a skateboard park added to the options for consideration for Klickitat County EDA funding.
Laura Mann moved to approve the minutes of the November 21 meeting as amended. Terry Trantow seconded the motion and it was unanimously passed.
Public Hearing – Proposed Ordinance 06-12-533,
Adopting the 2007 Budget
Brian Prigel provided an overview of the proposed 2007 budget. He said the
current expense fund is always tight and that in 2007 the water fund will be
especially tight.
Jan Brending said this is actually the third public hearing the city has held – a revenue budget hearing in November, a preliminary budget hearing on November 21 with the final hearing tonight. She said no changes have been made to the budget since it was presented in November.
Terry Trantow moved to adopt Ordinance 06-12-533, Adopting the 2007 Budget. Betty Barnes seconded the motion and it was unanimously passed.
Klickitat County EDA Projects
Brian Prigel said that at the last council meeting the council identified
its first priority as the purchase of 6 SCBAs for fire department. He said
council members had identified several options for the second priority.
Jan Brending said she has provided the council with information on four options for the second priority: option 1 – picnic shelter at an estimated cost of $42,245, option 2 – skate park is not recommended at this time due to not enough planning, option 3 – hiring an architect to help develop drawings and cost estimates for the Gorge Heritage Museum at an estimated cost of $8,500, and option 4 – hiring an architect to help develop drawings and cost estimates for future community center at an estimated cost of $20,000.
Jan Brending said she has provided the city council with some information related to the development of skate parks.
Laura Mann asked if the submission of a second option has any affect on the city’s first option.
Brian Prigel said no. He said the board usually selects the city’s first priority which is mostly fully funded.
Betty Barnes moved to identify as the city’s second priority the construction of a picnic shelter. The motion carried 3 to 2 with the following vote: Barnes – Aye, Dickey – Aye, Hearn – Aye, Mann – Nay, Trantow – Nay.
Dog Ordinance – Review and Discussion
Tad Connors said there are some problems with the city implementing the
dangerous dog state statute. He said the statute is awkward and cumbersome.
Connors said the statute has some harsh remedies. He said that the city’s
current dog ordinance really does not address dangerous dogs. Connors said dogs
running at large is current categorized as a public nuisance. He said that he is
recommending that the city thoroughly review the dog ordinance after the first
of the year and in the short term make dogs running at large a crime. Connors
said that making dogs running at large a crime will get the dog owner’s
attention.
Betty Barnes asked if Connors is recommending that the city’s ordinance be amended immediately with a full review in the future.
Connors said yes.
Jan Brending suggested that the council address any dog running loose. She said there is an ongoing problem with single dogs running loose in the city.
Tad Connors said the prosecutor and judge will still have discretion.
Brian Prigel asked if there will more latitude if the city makes the proposed change.
Tad Connors said yes. He said the city still needs to consider how to address dangerous dogs.
Bruce Brending said he agrees. He said criminalizing dogs at large will not get rid of the dogs.
Tad Connors said it is his preference that the ordinance refer to more than one dog under the same ownership or the in the same household.
Laura Mann asked what the “right to self-help” means.
Tad Connors said it means whatever state law would allow.
Laura Mann asked if it allows people to protect themselves.
Connors said yes.
Brian Prigel asked if Connors will develop language for the short-term fix in time for the next council meeting.
Tad Connors said yes.
Laura Mann asked if an individual is charged for a misdemeanor can the dog be picked up.
Tad Connors said not necessarily. He said the city has no facilities, no personnel and the police officers have had no animal control training. Connors noted that dog catchers are not real successful in catching dogs that don’t want to be caught.
Robert Vanderkloot asked what can be done about dangerous dogs.
Bruce Brending said the state statute is cumbersome and there must be some type of action by the dog.
Bergstrom said that someone has to get bit by the dog.
Bruce Brending said police officers cannot act until there is a crime. He said the state statute does involve an appeal procedure and housing a dog or dogs until the appeal process has been exhausted could become expensive.
Vanderkloot asked if the city’s ordinance provides for the labeling of a dangerous dog if it has a certain number of complaints.
Tad Connors said no.
Tim Hearn asked if a single dog bites someone is that a crime.
Tad Connors said yes that would kick into the state dangerous dog statute.
Tim Hearn asked how many cats can someone own in the city of Bingen.
Jan Brending said as many as one desires.
Jan Brending noted she will schedule a public hearing on the proposed ordinance for the December 19 meeting.
Agreement – City of Bingen/City of White Salmon – Pool
Brian Prigel said the city’s budget includes $3,000 for the White Salmon
pool that is available to the residents of Bingen.
Jan Brending said the agreement language is the same as last year’s agreement.
Tim Hearn moved to approve the Interlocal Agreement with the city of White Salmon for funding of $3,000 for the White Salmon pool. Laura Mann seconded the motion and it was unanimously passed.
Agreement – City of Bingen/Gorge Action Program –
Youth Center
Brian Prigel said the city of Bingen provides funding to Gorge Action
Programs for the youth center in return for services from the youth.
Jan Brending said the funding is $3,000 per year and the language remains the same as last year’s agreement.
Tim Hearn moved to approve the Agreement with Washington Gorge Action Programs for funding of $3,000 for the youth center. Laura Mann seconded the motion and it was unanimously passed.
Review Agreement and Compensation for City Attorney
Brian Prigel said the contract with the city attorney requires an annual
review of the agreement and compensation.
Tad Connors said he has no concerns.
Laura Mann asked if Connors is compensated for his attendance at city council meetings.
Jan Brending said yes – it is covered under the civil hourly fee. Tad Connors agreed.
Brian Prigel said he is very happy with the relationship and the work that Tad Connors provides to the city.
Laura Mann said she likes Connors’ candor and the fact that he tells the city council things it needs to hear.
Proposed Contract Amendment – Anderson Perry &
Associates, Maple Street Project
Jan Brending said the city currently has a contract with Anderson Perry &
Associates for engineering services for the Maple Street project. She said the
proposed amendment extends the contract through October 31, 2007.
Terry Trantow moved to approve the amendment to contract 2006-003 extending the contract through October 31, 2006. Betty Barnes seconded the motion and it was unanimously passed.
Old Business
Garbage Service
Tim Hearn said he would like to have garbage service on the agenda. He said
he would like Bingen Garbage Service put on notice that in 7 years the city
intends to bid out garbage services.
Jan Brending said the city will also need to notify Allied Waste at the same time as that company also provides garbage service for some areas of Bingen.
Brian Prigel said the city can provide some history related to garbage service at that time.
Railroad Crossing Arms
Betty Barnes asked when the railroad crossing arms are going to be
installed.
Jan Brending said the railroad has had full go ahead for installation for some time. She said she does not know what the hold up is but can contact the railroad to determine the time frame.
Schuemann Land Exchange
Betty Barnes asked if Wil Schuemann received a letter from the city
regarding its decision not to pursue the land exchange.
Tad Connors said he spoke directly with Wil Schuemann and informed him of the city’s decision. He said that discussion resulted in the letter from Schuemann that was provided at the last council meeting.
Flume and Flag Lighting
Betty Barnes said the light on the flume flag is no longer available.
Bruce Brending noted that the lighting was stolen. He suggested that the flag be taken down at night since it is no longer lit.
Tim Hearn agreed that the flag should be taken down until the lighting can be provided.
Brian Prigel said he can make sure it gets taken down.
Gorge Heritage Museum Heating
Ruth Winner said the heating unit for the downstairs will be delivered
tomorrow and should be installed next week.
Mayor’s Update
Legislative Meeting
Brian Prigel said he attended a meeting today with a number of people from
Klickitat and Skamania Counties to meet with staff from Murray, Canfield, and
Hastings’ offices. Prigel said the meeting was designed to present the
legislative staff with information regarding a variety of projects that are in
need of funding or legislative action. He said the legislative staff did state
that earmarked funds will not be available as much this year as they have been
in the past. Prigel said that he always tries to mention the issue of tribal
trust lands within city limits but wasn’t able to mention it this time.
Holiday Lights
Brian Prigel said he needs to talk to the public works crew about the
holiday lights and why some are working and others are not.
Betty Barnes said she talked to David Spratt. She said that the outlets are below the soil level and that either the drains need to be lowered or the outlets need to be raised.
Water/Sewer Committee Meeting
Tim Hearn asked that when water/sewer committee meetings are scheduled if
Dianne Sherwood at the Port of Klickitat could be notified.
Police Department
Betty Barnes said she thought the new police officer would be in attendance
at tonight’s meeting.
Bruce Brending said that was the intention but his wife was sick and it had to be rescheduled.
Betty Barnes said that she has met the new officer and he seems like a very nice person.
Amtrak Station Information
Jan Brending said she was contacted by an Amtrak employee about some funding
and partnering opportunities for upgrading Amtrak stations. She said upgrading
the stations requires a partnership between the city, BNSF and Amtrak. Brending
said the downtown revitalization plan identified upgrading the station.
Ruth Winner noted that the railroad through Bingen will celebrate its 100 year anniversary in April 2008.
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
December 5, 2006. The council by unanimous vote does approve for payment the
following list: warrants 8033 through 8065 totaling $25,338.97; manual warrants
8031, 8031 and 1054 totaling $13,442.00, and payroll warrants 6779 through 6793
totaling $17,752.91 for a total of $56,533.88: Current - $12,887.71; Street -
$2,310.60; Community Development - $14.53; Street Construction - $5,703.67;
Building Construction - $392.88; Water – $1,873.60; Sewer - $1,170.28; Treatment
Plant - $6,147.8; Dallesport Treatment Plant - $3,724.88; 1973/1995 Water/Sewer
Bond Redemption - $9,800.00; Dallesport Billing Trust Fund - $12,507.93.
The council adjourned at 8:35 p.m.
Jan Brending
Brian Prigel
City Clerk
Mayor