BINGEN CITY COUNCIL MINUTES
 

August 15, 2006

The meeting was called to order by Mayor Prigel at 7:00 p.m. Council members present: Terry Trantow, Tim Hearn, Randy Anderson, Betty Barnes, Laura Mann. Clerk Jan Brending and Attorney Tad Connors were present. Audience: Sandi Dickey, Kathryn Landgren, Larry Murphy, Kathy and John Thomas, Wil Schuemann, Scott Franke, Lisa Jacobs, Karen Jostad, Jon Madian, Dave Landgren

Public Comment
Scott Franke, Attorney for Stonecliff LLC
Scott Franke said he is an attorney representing Stonecliff LLC. He said that has spoken with the mayor, several council members and the city’s attorney regarding the council’s action at the last council meeting authorizing a land exchange with Wil Schuemann. He said that the action may make it difficult for Stonecliff to proceed with developing its property due to the need for a second access and easement across the city’s property.

Franke said he has batted around a number of legal issues and questions for which there are no clear answers. He said that he knows from the minutes that Wil Schuemann has hired someone to look at the different titles associated with the property and easements. Franke said the city council could reverse the decision to authorize the land exchange.  He said that he believes it would make sense to step back and put the land exchange on hold until some issues can be clarified. Franke said he believes it will be difficult to obtain an appraisal as the title is unclear. He suggested putting together a committee who could work with all of the parties involved to develop a process and solution that would work for everyone.

Tad Connors said he expects the city council to hold an executive session later in the evening to discuss the issue. He asked Franke if Stonecliff has filed a quiet action.

Lisa Jacobs, representing Stonecliff, said Stonecliff would like to try work through the issues and come up with something that would work for everyone. She said she believes that would be more friendly than filing a quiet action title.

Randy Anderson asked what a quiet action title would entail.

Scott Franke said a quiet action title binds the land while the case is being heard. He said it may make an appraisal of the subject property difficult. Franke said the city does not have a specific ordinance regarding land exchanges. He said the city then needs to look to state law for public notification and procedural issues. Franke said his clients are trying to avoid these kinds of steps and start with mediation.

Betty Barnes asked if the city can go into execution session on this issue when the city has not been sued yet.

Tad Connor said yes the executive session can be held due to potential litigation.

Wil Schuemann said he has hired an appraiser who is the process of appraising the property. He said that nothing has been provided at the meeting tonight that was not prior knowledge to the city. Schuemann said he believes the city had a valid quorum at the last meeting and made a decision with all of the available information. He said he believes an easement exists across the property. Schuemann said he believes Gotts and Vezina have used up a lot of the council’s energy without completing engineering studies to prove anything. He said he believes it is almost impossible to bank a road up the hill and that it would cost more than ½ million dollars. Schuemann suggested the city tell Gotts and Vezina to do their homework.

Lisa Jacobs said they have had surveyors look at the property.

Approval of Minutes – August 1, 2006
Terry Trantow moved to approve the minutes of the August 1 city council meeting. Randy Anderson seconded the motion and it was passed unanimously.

Public Hearing, Variance Request – John and Kathy Thomas
Brian Prigel opened the public hearing for a variance request submitted by John and Kathy Thomas. John and Kathy Thomas have asked for a variance from the requirement of private streets requiring a 50 foot right-of-way and 24 foot street width. The applicants request a variance that would allow a 20 foot easement (right-of-way) with a 12 foot street width.

John and Kathy Thomas said that the staff report written by Jan Brending summarizes the facts for the variance request. Kathy Thomas said the road will never go beyond their property. Thomas said that given the size of the proposed lot the request is the only way that the road can be extended.

Randy Anderson said he is concerned about fire protection. He said there is no way to get a fire truck down Bridgeview Court. Anderson said two cars cannot pass each other on the road.

John Thomas said large trucks have gone in and out of Bridgeview Court by using their property as a turn around or backing out.

Laura Mann asked if the request is for extending Bridgeview Court.

Thomas said yes.

Mann asked if property owners are maintaining the road.

Brian Prigel said the city council has suggested that a maintenance agreement be developed and recorded with the county.

Jon Madian said an agreement has not yet been developed.

A letter from Richard Cortese was read into the record. Cortese expressed concerns about emergency response. He stated that it is already difficult for two vehicles to pass on the road. Cortese suggested that Bridgeview Court be widened at the intersection with Highway 141 to allow for two-way traffic.

Kathy Thomas said the property owners have all purchased property along Bridgeview Court knowing the status of the road.

Jon Madian said he has no problem with treating his lots as R1 versus R2. He suggested that it might make sense for property owners to get together and develop a sensible plan for access and development.

Laura Mann asked if the city can rezone the lots for R1.

Terry Trantow said he thinks it would be advantageous to property owners if they got together and developed a plan for access.

Larry Murphy asked if approval of the variance would set a precedent.

Tad Connors said he does not think so. He said the city is not legally bound by precedent. Connors said that in this request the decision would not be a binding precedent. He said the road is really a driveway.

Terry Trantow said he shares Randy Anderson’s concerns about fire. He said the fire chief will not take a truck down a dead-end road but will pull hose.

John Thomas noted that Lois Lane is also a dead-end road.

Brian Prigel said the options before the city council are to approve the variance, deny the variance or table action for more information.  He said that he believes a case can be made that more information is needed.

Tim Hearn asked if action is tabled will it be for three weeks.

Jan Brending said yes.

Brian Prigel noted that according to the city’s subdivision ordinance a private road can only serve 8 homes. He said it is unlikely that Bridgeview Court will ever become a public road.

Karen Madian asked if any of the properties front on Lincoln Street. Jan Brending said no.

Laura Mann asked Jon Madian and Karen Jostad about how they feel in speaking with other property owners about upgrading the road.

Jon Madian said it might possible if each property owner put a little bit of property into making the road safer.

Laura Mann said that even with single-family zoning there will be a lot of traffic.

John Thomas reiterated that he believes large trucks can travel on Bridgeview Court.

Tim Hearn said he is leaning towards denying the request because of fire issues. He said that if the road could be widened he might consider approval.

Terry Trantow said he would like to hear what the fire chief has to say.

Jan Brending said she has spoken to the fire chief about this area in the past. She said that the fire chief said they would pull hose to fire any fires on Bridgeview Court.

Laura Mann said that the request is to extend the road a short length.

Betty Barnes said she agrees with the fire concerns. She said it would be a good idea to get the fire chief’s opinion before acting on the request.

Randy Anderson said he would like to table the decision to get more information regarding emergency response and look at the possible widening of the road.

Laura Mann moved to approve the variance request as presented.

The motion failed due to a lack of second.

Randy Anderson moved to accept the variance request if the road is 12 feet wide and if emergency response services say it is fine. Terry Trantow seconded the motion.

Tad Connors said that it would be better to table action to get input from emergency services or to approve the request as presented.

Randy Anderson withdrew his motion.

Laura Mann moved to table action on the request to the next council meeting so that responses can be obtained from emergency services. Randy Anderson seconded the motion and it was unanimously passed.

Bio-Solids Storage Area – Construction Estimate
Jan Brending said Bell Design has completed the design for the bio-solids storage area with a cost estimate of $13,268.94. She said that the costs included construction engineering. Brending said funding of $24,000 is included in the Disposal Capital Replacement for the project.

Randy Anderson moved to authorize that the bio-solids storage area project go to small works roster bid. Laura Mann seconded the motion and it was unanimously passed.

Treasurer’s Report – July 2006
Jan Brending presented the treasurer’s report for July 2006.

Laura Mann asked what is included in the police expenditures. Jan Brending said expenditures cover the first 3 quarters of the year.

Laura Mann asked if Bingen is still buying water from White Salmon. Jan Brending said Bingen is still buying the majority of its water from White Salmon.

Brian Prigel noted that work is still being done on the pumps to bring them on line. He said the Dry Creek Well is currently running approximately 4 to 6 hours each day but not the Park Well.

Randy Anderson moved to accept the July 2006 treasurer’s report. Laura Mann seconded the motion and it was unanimously passed.

Mayor’s Update and Council Comments
Depot Street Sewer Project
Jan Brending said Wil Keyser is supposed to be setting up a meeting to discuss the funding for the Depot Street sewer project.

City council directed staff to begin preparing a bid package for the Maple Street phase of the Depot Street Project using federal bidding guidelines.

Brian Prigel said he will attend the White Salmon city council meeting tomorrow and press the urgency of the project.

Wastewater Operator
Brian Prigel said he has offered the wastewater operator position to someone who is away on his honeymoon. He said he wants to wait to hear his response and he feels he is an excellent candidate.

Quiet Zone
Laura Mann suggested that it might be a good time to have a discussion about the train whistle on the council’s agenda.

Jan Brending said it would be a good opportunity to provide information to the council and the public about how a quiet zone can be established.

City council members discussed the need for an underpass to the Port of Klickitat. Brian Prigel noted that the underpass is on the transportation priority list.

Joint Police Committee
Randy Anderson said he has a number of corrections to the meeting minutes of the July 31 joint police committee meeting.

Jan Brending asked if he could provide the corrections to her in writing.

Randy Anderson said that one of the ordinances adopted by White Salmon referenced the bargaining unit agreement. He said the reference was put in at the last minute. Anderson said that the ordinance White Salmon adopted says that the city does not have to advertise outside for police chief but can advertise inside only. He said he is concerned about this.

Betty Barnes said that she has a number of issues related to the joint police committee meeting and the actions taken by the city of White Salmon. She said that she believes White Salmon has not negotiated in good faith and is trying to get around the issues raised by the City of Bingen by passing ordinance 2006-08-781. Barnes said that the Bingen city council has always made it clear that it wants the police chief position back under civil service. She said that “civil service” means open and competitive examination with impartial investigation as required by RCW 41.12.050. Barnes said that at the April 23 joint police committee meeting both committees agreed to go back to their council with the recommendation to put the position back under civil service and that both councils agreed.  She said that Bingen sent a letter requesting a meeting with the White Salmon police committee for the week of July 17 but got a meeting on July 31 just two days before an ordinance was passed with language in it that Bingen had never heard of before. Barnes said the police chief position is exempt from the bargaining agreement but White Salmon wants to use it for hiring so that is why they passed the ordinance.

Betty Barnes said Bingen received a letter from Mayor Roger Holen about the ordinance but nothing was said about hiring the police chief through the bargaining agreement process. She said that the draft ordinances provided on July 14 or 15^th did not mention the process. Barnes said that only at the last hour was there language making the hiring of the chief position under the bargaining agreement according to seniority and ability. She said the requirement was not fully explained.  Barnes said Jan Brending provided committee members copies of everything they needed for the meeting but the bargaining agreement which was the most important thing. She asked how Randy Anderson could have it made any clearer that he had never heard of or seen the bargaining agreement that was referred to and would like to have had a chance to read it.

Betty Barnes noted that Tim Hearn asked that Ordinance 782, section 2.12.020 #6 also state “Bingen City Council.” She said White Salmon passed the ordinance without the change.

Betty Barnes said she feels that people that are not on the committee are dominating the committee process. She said committees do not make decisions but go back to their councils to report and advise so that the body of the council can vote to approve.

Betty Barnes said she feels the actions by White Salmon show a lack of good faith and they disregard what Bingen wants and if there is a way around it they will find it.

Betty Barnes said that the plan of not accepting outside applicants for the chief position and accepting only in house applicants junior in rank and experience should not be acceptable. She said that open and competitive should be equal and fair. Barnes said that she feels Bingen is right back where it started.

Brian Prigel said that he believes Barnes is misunderstanding the civil service rules. He said the civil service rules would apply to hiring a police chief from within the department. Prigel said he understands that some council members may not want any local officers to be police chief.

Betty Barnes said that the chief position is exempt from the bargaining agreement. She said that White Salmon’s attempt to sneak it past Bingen is not acting in good faith.

Tim Hearn said he believes the position should be opened up to the public.

Betty Barnes said Bingen wants to get away from the secrecy.

Randy Anderson said he is still not comfortable with this and how it has gone around the procedures.

Betty Barnes moved to have the chair of the police committee write a letter asking the sheriff to come and present his proposal for law enforcement services to the city council and to also provide a proposal for a 3-man force as well. Randy Anderson seconded the motion. The motion carried 3 to 2 with the following vote: Anderson – Aye, Barnes – Aye, Hearn – Aye, Mann – Nay, Trantow – Abstain.

Fire Department Thank You
Brian Prigel said the fire department has provided certificates of appreciation for the Bingen City Council and one for Betty Barnes. He said the certificates thank the council and Betty Barnes for their support of the 4^th of July fund raiser.

Fire Siren
Brian Prigel said the fire siren at city hall is now working. He said the east end fire is not working.

Jan Brending said she spoke to David Spratt about the east end sire. She said there is a short in the siren and that for now the fire department feels it is not necessary to fix it as the city hall siren can be heard at the east end of town.

Gorge Heritage Museum
Ruth Winner said she would like to present the city with two bills for services provided by Big River Electric and the electric permit. She said the electrical work was done related to the excavation work on the basement wall.

Ruth Winner said she would like information in writing about the schedule for the wall repair. She said that some board members are asking for information.

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 August 15, 2006. The council by unanimous vote does approve for payment the following list: warrants 7762 through 7793 totaling $36,972.79; and payroll warrants 6678 through 6691 totaling $8,753.31 for a total of $45,726.10: Current - $10,855.09; Street - $791.80; Community Development - $23.27; Street Construction and Maintenance - $3,615.00; Water – $17,317.82; Sewer - $911.91; Treatment Plant - $2,119.22; Dallesport Treatment Plant - $8,300.78; 1973/1995 Water/Sewer Bond Redemption – $176.21; Treatment Plant Replacement - $1,615.00..

Executive Session
At 8:50 p.m. Brian Prigel announced the city council will go into executive session for 20 minutes to discuss potential litigation.

At 9:15 p.m. the city resumed regular session. At 9:20 p.m. the council adjourned.

Jan Brending                                                            Brian Prigel
City Clerk                                                                Mayor