BINGEN CITY COUNCIL MINUTES
March 20, 2007
The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Sandi Dickey, Tim Hearn, Laura Mann. Council members absent: Betty Barnes. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Andrew Kaplan, Tom Oswald, Marilyn Winter, Abigail Corson, Wilma Leasure, Ruth Winner.
Approval of
Minutes – March 6, 2007
Corrections to the draft minutes of the March 6 city council meeting were
noted as follows:
Page 1, paragraph 1 – delete statement “Council members absent: Laura Mann.”
Page 2, paragraph 1 should read as follows: “Terry Trantow said that he is concerned that the leg of the hammerhead will not fit within a 30 foot easement and that additional easement may be needed in that particular area just to construct the road.”
Page 3, paragraph 13, 2nd sentence should read as follows: “He said that he believes the planning is a good idea so that individual projects can be phased in without conflicting with other projects.”
Page 5, paragraph 7, 1st sentence should read as follows: “Betty Barnes said she was just checking to see if the sheriff would be interested in providing services if Bingen needed them.”
Laura Mann moved to approve the minutes as corrected. Tim Hearn seconded the motion and it was unanimously passed.
Request for Lease
Extension (405 W. Humboldt) – Thomas Oswald
Brian Prigel said the city has received a request from Thomas Oswald to
extend the lease on the manufactured home at 405 W. Humboldt to May 31.
Tom Oswald said that he had thought he would be out of the trailer by now but would like a one-month extension to complete working on some plans.
Brian Prigel reminded the city council that the intent of the city is to surplus the two manufactured homes and sell them to the highest bidder.
Jan Brending noted that the city can advertise in May for the surplus sale recognizing that there is a tenant living in one of the trailers through May.
Tad Connors recommended that the city allow the lease to expire and rent to Oswald on a month to month basis recognizing that the city will not take any action to evict.
Tim Hearn moved to grant Tom Oswald’s request allowing him to rent 405 W. Humboldt through May 30. Laura Mann seconded the motion and it was passed unanimously.
Public Hearing,
Variance Request 2007-002, Andrew Kaplan
Brian Prigel said Andrew Kaplan has requested a variance from the
requirement of minimum width of lot to be 60 feet. He said Kaplan is proposing a
boundary line adjustment which would result in one lot that is approximately 60
by 83 feet and a flag-shaped lot that is 40 by 100 feet and 17 by 60 feet.
Prigel said the city’s zoning ordinance requires that lots in an R1 zone have a
minimum lot width of 60 feet. He said the lots are currently 50 by 100 and are
considered nonconforming lots which are allowed to continue. Prigel said the
city’s zoning ordinance also includes a provision that nonconforming uses are
not allowed to become any less a nonconforming use.
Andrew Kaplan said his intent is to the save the house and create a lot that can be sold. He said the proceeds for selling the lot would be used to fix up the house. Kaplan said that a developer might be able to build two houses if the property is vacant but it might also take a rental house off the market. He said the lots will still remain approximately 5000 square feet.
Tad Connors reviewed the criteria for granting a variance. He said the idea of a variance is that a situation exists where a property owner can’t use the property because of some hardship that was not created by the property owner. Connors said economics is not something that is considered in reviewing a variance request.
Marilyn Winter,
Bingen
Marilyn Winter said she is against the proposal because if the city starts
making lots like those proposed it will have a big mess because others will also
want to do it. She suggested that Kaplan tear down the house and sell two legal
lots if he needs to make money.
Wilma Leasure,
Bingen
Wilma Leasure said she is also against the proposal. She said she is
concerned about the small lots and where will it end.
Tim Hearn asked Kaplan if he lives in the home on the property.
Andrew Kaplan said no.
City council reviewed the existing orientation of the lots and the proposal submitted by Andrew Kaplan.
Terry Trantow said he believe that panhandles do not normally count as area for the square footage of a lot. He said that if the panhandle was to be used for access it would need to be 20 feet wide.
Laura Mann said she is not opposed to building new homes with appropriate lot sizes. She said she does not believe the request meets the definition of hardship and that it would set a precedent.
Andrew Kaplan asked how the minimum lot width was established in the city’s zoning ordinance.
Brian Prigel said he is not sure why and feels that it is irrelevant information for the council to make a decision.
Laura Mann asked Kaplan what made him think of the proposal and asked if he had sought advice.
Andrew Kaplan said he has owned the property for a number of years. He said there is a lot of history in the house including a very nice fireplace that will all go away if it has to be torn down. Kaplan said he does not like new construction and thinks he would do a good job in upgrading the home. He said the proposal seemed like a reasonable way to make it work.
Terry Trantow asked if the house could be moved.
Andrew Kaplan said no due to foundation issues.
Marilyn Winter said that the only good thing about the house appears to be the fireplace.
Terry Trantow moved to deny the variance request submitted by Andrew Kaplan in that it does not meet the criteria for approval of a variance. Laura Mann seconded the motion. The motion carried 3 to 1 with the following vote: Barnes – Absent, Dickey – Aye, Hearn – Nay, Mann – Aye, Trantow – Aye.
Brian Prigel said he appreciates Andrew Kaplan’s efforts in restoring homes and hope that he will continue.
Draft Dog
Ordinance – Workshop
Brian Prigel reported that he met with Hood River County about the
possibility of contracting with them for impoundment facilities. He said Hood
River County is interested but is not sure that they will have the space. Prigel
said Hood River would like to wait for another 3 months to determine how many
the county will average. He said in the mean time the city can also gather some
data regarding how many dogs it might need to place on an average. Prigel said
Hood River County has 12 kennels plus 4 quarantine kennels. He noted they paid
$225,000 for the facility.
Marilyn Winter asked if the police department is ticketing owners of dogs.
Brian Prigel said yes but it is not necessarily a good means for enforcement. He said that the ticket is a civil infraction and that impoundment would be a real enforcement tool. Prigel said that recently the city council was reluctant to turn a dog running at large into a crime.
Tom Oswald said he always keeps his dog on a leash. He said he is concerned about dogs that are running loose who might be sick that could contaminate other dogs.
Laura Mann said she was recently at the park when there was approximately 30 people there with 3 dogs running loose. She suggested that the police needs to drive by the park and tell people that their dogs need to be put on a leash.
Brian Prigel suggested that the council review the city’s existing ordinance and modernize it so that it can be enforced.
Laura Mann said she was originally against making a single dog running at large a crime but she has since changed her mind.
Brian Prigel said making a single dog running at large would take it out of being a civil infraction and make it a criminal misdemeanor. She suggested that it might be appropriate that the first offence would be a warning with the 2nd or 3rd offence a crime.
Tim Hearn suggested that the ordinance provide for a time limit such as running at large for the first time in six months or a year, etc.
Tad Connors said the ordinance would definitely have to provide a timeframe.
Brian Prigel suggested that the ordinance could provide that the first and second offence would be a fine with the 3rd offense within six months would a criminal misdemeanor.
Tad Connors said an ordinance could be developed that would provide those parameters.
Sandi Dickey asked if the ordinance would be different if a dog gets out and does damage.
Tad Connors said that would be beyond a dog running at large.
Tim Hearn said he is concerned about having a place where dogs are able to play.
Brian Prigel said the port property is sort of a defacto place where dogs are allowed off leash.
Laura Mann suggested revising the definitions in the city’s ordinance and addressing any dog running at large.
Tom Oswald asked what is the council’s reluctance to make a dog running at large a criminal offense.
Laura Mann asked what happens when a dog accidentally gets loose for the first time.
Brian Prigel said it might be harsh but feels that habitual offenders need to get ramped up. He said that he feels changing the ordinance and ramping up the charges with enforcement and education would make a difference.
Jan Brending suggested taking the city’s current ordinance and the two ordinances the council members seem to like and providing a draft ordinance that would include definitions and provisions for different levels of charges for a dog running at large depending on whether 1st, 2nd or 3rd offense.
Tad Connors said he feels it is important that the ordinance not reinvent the wheel when addressing dangerous dogs because that issue is dealt with in the RCWs.
Tim Hearn asked how many dogs can an individual own before it becomes a kennel.
Jan Brending said she will check to see if there are any state laws that address the issue raised by Hearn. She said the city’s ordinance has no provisions regarding kennels.
Tim Hearn said he would like to see the ordinance address dogs going to the bathroom on other people’s property. He asked if the ordinance could address people feeding their animals outside.
Comments were provided that an ordinance addressing whether people feel animals outside would probably not be enforceable.
The council agreed that staff will present a draft ordinance using the city’s ordinance and several others with provisions to address running at large and other issues brought up by council members.
Treasurer’s
Report – February 2007
Jan Brending presented the Treasurer’s Report for February 2007.
Laura Mann moved to accept the February 2007 treasurer’s report. Terry Trantow seconded the motion and it was unanimously passed.
Mayor’s Update
and Council Comments
Personnel
Brian Report reported that he has hired a new employee – Jay Hicks from Hood
River County. He said the city interviewed 5 applicants and feels that Jay will
be a dedicated employee who will learn quickly and stay with the city for a long
time.
Joint Water/Sewer
Committee Meeting
Jan Brending reported that a joint water/sewer committee meeting is
scheduled for Monday, April 2 to discuss the results of the bids for the Depot
Street Sewer Project. She said an interlocal agreement between the two cities
has not been signed due to concerns about the cost of the project.
Brian Prigel reported that White Salmon has authorized a groundwater study to be done to find a place to drill one or two wells. He said the area of study will include the city of Bingen. Prigel said the study could have ramifications for both and that it could be a good thing if the well is within the city limits of Bingen opening up opportunities for both Bingen and White Salmon.
Brian Prigel said he has met with White Salmon regarding potential water restrictions this summer. He said White Salmon has problems with getting water into town during the summer months and has asked for Bingen’s cooperation to ensure that water is available for real needs. Prigel said the city has a conservation plan that can be initiated by the mayor. He said the city will also be contacting the two major industrial water users to ask them for help if it is needed.
Laura Mann said that Bingen will be using its own wells this summer and that should help White Salmon.
Klickitat County
EDA Grant
Brian Prigel said the city did get a grant from the county to purchase SCBAs
and that Bingen and White Salmon will be working together to get the best price
possible. He noted that if the equipment costs less than that provided by the
county the remaining funds will go to other fire departments that may need the
money.
Quiet Zone
Terry Trantow noted a letter, also sent to Sandi Dickey, from Robin Hale
regarding trying to get Klickitat County to use new garbage fee income to help
pay for getting gates put in so that a quiet zone can be developed.
Jan Brending noted that a workshop on establishing quiet zones will be held at the second meeting in April.
Garbage
Tim Hearn asked if anything has been done regarding garbage contracts.
Tad Connors said nothing has been done. He said he has done some research and talked with MRSC. He said that it appears the city will need to send our proposed agreements to the garbage haulers and that if they don’t sign them it could end up in a declaratory judgment situation. Connors said the city would not necessarily be off the hook by giving a 7-year notice because of issues related to claims for damages for terminating the agreement.
Jan Brending noted that residents in Bingen can choose either Tri-County or Bingen Garbage.
Brush Site
Terry Trantow said he would like to see the brush site brought back.
Laura Mann said people can take the brush to a transfer site and that organic material can help break up the inorganic material in the landfill.
Terry Trantow said the trip is 24 miles roundtrip and cost $5 a load.
Census Address
Update
Jan Brending said in anticipation of the 2010 census the census bureau is
updating address information and that she will be working with the census bureau
through that process.
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
March 6, 2007. The council by unanimous vote does approve for payment the
following list: checks 8619 through 8648 totaling $17,943.17; payroll checks
8602 through 8618 totaling $9,700.27, and manual warrant 8286 and manual check
8601 totaling $452.39 for a total of $27,645.83. Current - $7,337.76; Street -
$895.51; Community Development - $1,321.05; Building Construction - $269.44;
Water – $1,196.30; Sewer - $553.79; Treatment Plant - $2,501.86; Dallesport
Treatment Plant – $4,416.90; Sewer Construction & Maintenance - $9,53.61; Water
and Sewer Equipment Reserve - $8,199.61.
The council adjourned at 8:45 p.m.
Jan Brending
Brian Prigel
City Clerk
Mayor