FRIDAY, JULY 31, 2015
THE BAKER COUNTY PRESS — 9
Local
Busy City Council covers parking to pot ban
• WATER USE,
DANGEROUS DOG
ORDINANCE
UPDATES GIVEN
BY GINA K. SWARTZ
Gina@TheBakerCountyPress.com
With a full agenda Tues-
day’s City Council meeting
began promptly at seven
with the Pledge of Alle-
giance and invocation led
by Councilor Merrill. Roll
was then called by City
Recorder Luke Yeaton all
Councilors answered the
roll call with the exception
of Councilor Langrell, who
did arrive after the roll was
called.
With that, the Council
dove into the full agenda in
front of them.
Citizen Participation.
Stephanie Ann Kinzel
addressed the Council
asking for their support
in what she is seeing as
changes needing to be
made in Sex Offender
Registry requirements.
Kinzel sees flaws in the
way the system is currently
set up and states that the
registry is not being updat-
ed regularly. Kinzel would
like to see new stipulations
requiring all offenders, not
just predatory offenders
to register. She suggested
the level could also be in-
cluded to give more public
information.
She would like to see
child rape a federal offense
citing that victims of child
rape often continue on a
path in which they do not
make good life choices,
many settling into a life of
addiction that costs society
not only monetarily.
Taxpayers continue
that contribute to state
and federally funded
programs such as HUD
housing, Medicaid, and
Food Stamps utilized by
these victims who are often
unable to obtain or retain
employment.
She gave a personal ac-
count of a lifetime of strug-
gles after herself suffering
the trauma of child rape
also addressing the Statute
of Limitations as another
area that she would like to
see changes made.
Recent news reports in
Baker City over the matter
have brought attention to
the issue and as Kinzel
said, “Awareness is not
enough.”
Mayor Mosier advised
Kinzel that a discussion
would need to happen
among Council members
before any commitment of
support could be made but
the Council would certain-
ly have that conversation
and get back with her. “I
appreciate that you’ve been
willing to come forward
and tell your story; it raises
awareness.”
Marshall McComb
spoke to council voicing
his praise with the pre-
sentation made at the last
council meeting by Oregon
Climate. He stressed his
agreement with the group’s
recommendation that
Council prepare a resolu-
tion to send to the State
legislature regarding the
fossil fuel issue.
Rodney Shaw also
approached council re-
questing enactment of an
ordinance “as per charter
7 section 24 of our Baker
City Charter.”
Basically he was stating
that he would “like for the
council to initiate, set the
guidelines of what it will
take to create a referendum
in Baker City.”
Mayor Mosier asked,
“An initiate or referendum
on a particular resolution?”
Shaw replied, “It could
be on anything, any kind of
ordinance that the people
don’t agree with that the
council has enacted.”
Mayor Mosier advised
that conversation would
need to be had among
councilors.
Resolution 3758 –
Creating a handicap only
parking space on Grove
Street.
Before getting to the
resolution, City Manager
Mike Kee quickly inter-
rupted to introduce the new
contracted City Attorney
from Yturri Rose, Andrew
Martin.
Martin approached
Council introduced himself
told Councilors he grew up
in the area and was happy
to serve the city as the pri-
mary contact at the firm.
Mayor Mosier then
turned to the Resolution
on the agenda that was
presented by City Works
Director Michelle Owen.
Before she spoke about
the Resolution she gave a
quick update on our City
water usage: “I want to say
I really appreciate volun-
teer water conservation ef-
forts made. I noticed we’ve
gone from 6.1 million
gallons in usage when it
was hot and sunny in June
and when it rained we got
down to 2.1 million gallons
per day. I find this encour-
aging that the community
can work together to meet
the needs.”
She went on to say that
the city is still asking
citizens to utilize the odd,
even watering and irriga-
tion system.
She then moved on to the
resolution that the Museum
has requested the creation
of an ADA handicap park-
ing space on Grove Street
directly in front of the
Museum.
Although there is a
handicap spot in the gravel
lot next to the building
and one located directly
across the street on Grove
Street, this proposed spot
is directly in front of the
entrance to the Museum.
Owen told Council that she
did not feel adding another
designated parking spot
on the street would impact
parking for events or for
use of the park adversely.
Costs would be minimal,
the cost of the paint and a
sign “around $100.”
Councilor Langrell
said, “I would move we
approve this because the
two existing spaces, one
of them is in the gravel so
it makes it very difficult to
use a walker or wheelchair.
Across the street, someone
with a walker can’t outrun
traffic.”
Councilor Merrill
seconded the motion, in a
unanimous vote the resolu-
tion passed.
Second reading of Or-
dinance 3341 – Develop-
ment Code.
Holly Kerns addressed
Council saying since the
last Council meeting she
has had no additional
public comments regarding
changes proposed.
Amendments include
housekeeping items such
as changing misspelled
words or more clearly ref-
erencing items in the docu-
ment as well as including
sections for adding a cell
tower to land, revising
the language for land use
permits giving the planning
department more author-
ity in rescinding permits
if necessary and stronger
language outline guidelines
for kennel permits within
the city.
Kerns read the Ordinance
for its second time by title
only. After the second
reading Councilor Merrill
made a motion to approve
the second reading that
was seconded by Coucilor
Downing.
The Council voted unan-
imously to approve. The
third and final reading will
be at the next City Council
meeting and public com-
ment will still be accepted
before the final reading at
that time.
Second Reading of Or-
dinance 3340 - Removal
of Annexed properties
from Rural Fire District.
City Manager Kee spoke
to this Ordinance advising
Council that he had heard
from a property owner
with some concerns and
was wanting to stay in the
rural fire district because
he was aware that there
was dual dispatch with
both the City and Rural
Fire Departments.
After speaking with
that owner and explain-
ing the Ordinance more in
detail and advising that the
departments have an agree-
ment that would continue
that dual dispatch system
that property owner was
agreeable, his only other
concern was funding for
the Rural Fire District that
would be lost.
That property owner
decided he was willing to
make a donation to them.
Due to being a prop-
erty owner in the affected
area Councilor Langrell
abstained from any vote
on this issue. Kee read the
Ordinance by title only for
the second time.
Councilor Thomas
made a motion to accept
this reading, the motion
received a second by
Councilor Downing. All
were in favor carrying the
Motion.
The next City Council
meeting will be the third
and final reading and any-
one wishing to speak to the
matter will be heard before
any final votes.
Ordinance 3343 E
Street Vacation.
Holly Kerns again
addressed Council regard-
ing this ordinance. The
planning commission has
recommended approval of
this Ordinance. A petition
has been made to vacate an
undeveloped portion of E
street by two adjoin prop-
erty owners in the area.
The area has seen some
development but prevents
the street form ever being
extended. City Public
Works, Police, Fire, Baker
Sanitary and other utilities
said they have no need for
a right of way and accord-
ing to Kerns no objections
were received.
A first reading of the Or-
dinance was done by Kee
and a motion to approve
that reading was made by
Councilor Downing and
a second by Councilor
Merrill all voted in favor.
Downing then moved for
a second reading which
was seconded by Coun-
cilor Thomas a unanimous
vote for a second reading
followed. Kee read the Or-
dinance again by title only.
It was moved by Councilor
Merrill and seconded by
Councilor Downing to ap-
prove the second reading a
unanimous vote followed
approving that second
reading.
Review/update of
dangerous/vicious dog
ordinance.
Gina K. Swartz / The Baker County Press
Rod Shaw expressed to Council that he believed the City is missing an
economic benefit in not allowing marijuana dispensaries in town.
Chief Lohner spoke to
the Council giving an up-
date on the City’s danger-
ous/vicious dog ordinance.
He said, “On September
27, 2013, a horrific event
occurred in Baker City.
That event broke the heart
of this community, ended a
police officer’s career and
forever altered the lives
one of our own families.
That was the day a Pitbull
brutally, brutally attacked
and killed a five year-old
boy in our community.
That event set forward in
motion a group of people
that ended up getting
together to try and come
up with an idea to provide
a greater level of safety to
our community.”
Council put together a
citizen committee called
the dangerous dog ordi-
nance committee. The
committee met over a pe-
riod of about three months
and researched endlessly
before agreeing on the
wording in the Ordinance.
Lohner stated that the
only thing the committee
had not come to a con-
sensus on was whether or
not to leave breed spe-
cific language within the
ordinance. It was decided
on by Council that wording
would be left out and it is
dependent on dog behav-
ior. The Ordinance was
passed in January 2014.
Since that time they
have put into place a
hearing officer, someone
independent of the City ap-
pointed by council to hear
cases and render decisions.
16 cases have come before
hearings officer two have
gone beyond the hearing
officer to the courts due to
non-compliance after the
decision or disagreement
of the finding.
Overall Lohner is finding
the ordinance to be a good
tool in the community
some adjustments may
need to made in the near
future but the Council will
remain updated of the situ-
ation.
Authorization to pur-
chase police vehicle.
Chief Lohner next spoke
to Council about the need
to purchase a new patrol
vehicle as the one sched-
uled to be replaced has a
mechanical issue that will
cost $500 to fix.
“We usually try to
replace in the spring, but
I hate to spend the money
now on a repair just to
replace it soon anyway,”
he said.
Money was already
placed in the Police De-
partment budget for a new
car this year so no new
money is being requested
only the allotted money
appropriated so that the
purchase can be made.
Lohner said he had sent
the bid out statewide and
Gentry Ford locally was
able to meet the lowest bid
as they have in the past so
he would like to purchase
the vehicle from them.
Councilor Downing
moved to approve this
request with a second by
Councilor Merrill. The
Council voted unanimous-
ly to approve this request.
Ordinance 3342 –
Prohibiting Medical and
Recreational processors,
dispensaries, producers,
wholesalers and retailers
with in Baker City.
Kee addressed Council
regarding this ordinance.
He said, “It seems we have
been discussing this issue
for a couple of years as
the state has progressed
through a series of regula-
tions and elections. Back in
February 2014 the Council
passed Ordinance 3330
prohibiting marijuana fa-
cilities with in Baker City.
“That Ordinance had a
sunset clause, which took
effect June 15, 2014. In
March 2014 the City took
advantage of Senate bill
1531 and passed ordinance
3333 which authorized
Cities with in the state to
place a moratorium on the
operation of marijuana fa-
cilities until May 1, 2015.
“The idea of the morato-
rium was that while there
was that moratorium in
place things would get
ironed out in the legislature
and cities could look at de-
velopment code, time place
and manner restrictions.
“In March of 2015 the
City passed ordinance
3336, which places an
outright prohibition on all
recreational and medical
marijuana facilities with in
Baker City and based on
the belief that the City has
the authority to regulate
businesses that do not
comply with the law under
home rule.
“When this Ordinance
was passed there were
still questions at the state
level within the legislature
and pending court cases.
During the 2015 legislative
session House Bill 3400
was passed and signed
by the governor. This bill
makes significant changes
in both measure 91, the
recreational marijuana
ballot measure passed by
the voters and the medical
marijuana statues. House
Bill 3400 section 133
authorizes local govern-
ments to enact ordinances
banning certain marijuana
related activities in their
jurisdiction if 55% or
more of the voters in that
jurisdiction opposed ballot
measure 91. The City of
Baker City is eligible to
enact the ban if the Council
chooses.”
Kee advised the Council
to rescind the previous
ordinance and replace it
with a new ordinance that
is backed by HB 3400
so as to have a bit more
credibility and carry less
risk. “I think it is important
to note and for people to
understand that this would
not apply to personal
possession or cultivation
which the voters of Oregon
have chosen to allow and
went into effect on July 1,
2015,” he said.
It was stated by a mem-
ber of the audience that
people he has spoken with
were scared and thought it
was affecting their right to
even have marijuana. They
simply did not understand.
That concern was noted
by Mayor Mosier, who
confirmed with Kee that
legal rights would not be
affected.
Rodney Shaw spoke to
Council regarding the mat-
ter. Shaw feels that there
is economic benefit to al-
lowing dispensary faculties
that need to be reconsid-
ered. He spoke to regula-
tions the state is mandating
and potential revenue the
city could benefit from.
Shaw also said,“I would
like to say that we from the
community simply ask that
you not take the vote out
of the people’s hands by
enacting this ordinance.”
Lohner explained that
there could be a risk in
accepting tax revenue from
dispensaries regarding the
awarding of Federal grant
dollars.
“We are really close to
securing a Federal grant
for a school resource of-
ficer. If we begin accepting
money from a source that
is not legal federally we
run the risk of not getting
that needed grant,” he said.
Councilor Langrell
said, “I’m afraid we may
be missing an opportu-
nity here to boost a lousy
economy.”
Councilor Thomas also
voiced opposition to the
new ordinance.
Kee read the new
proposed ordinance in its
entirety Councilor Down-
ing moved to approve the
first reading with a second
by Councilor Augenfeld.
Council voted 5:2 to ap-
prove the new ordinance.
Mayor Mosier called
for a motion for a second
reading to which Councilor
Merrill answered with
Downing giving a second.
In order for a second
reading a unanimous
vote from the council is
required, the vote was
again 5:2. The next reading
will be at the next council
meeting.
Council comments.
Lohner did speak up
wanting to let our commu-
nity know that the Shrine
parade scheduled for this
Saturday, usually at 10:00
a.m. has been moved to
11:00 a.m.
Downing also stated that
before the parade for 6
a.m. to 11 a.m. the Cattle-
men will be serving up
steak, eggs and pancakes.