10 — THE BAKER COUNTY PRESS
FRIDAY, AUGUST 14, 2015
Local
City Council hears second reading of
pot ordinance, hears kennel denial appeal
BY GINA K. SWARTZ
Gina@TheBakerCountyPress.com
Tuesday evening’s City
Council meeting began
with The Pledge of Al-
legiance led by Mayor
Mosier, who then offered a
moment of silence for local
firefighter
After the moment of
silence was observed, City
Recorder Luke Yeaton
called roll with all council-
ors answering present, with
the exception of Councilor
Augenfeld.
Minutes were then ap-
proved.
City Manager Kee ad-
dressed council saying he
had received a late applica-
tion for the Public Arts
Commission. “I wonder if
the Council would consider
adding it to the agenda, let
the council decide if they
would like to make that
appointment or not?” he
asked.
Mosier said she did not
have a problem with that
but stated Councilor Mer-
rill had to leave as he was
dividing his time between
Council and prepara-
tions for the High School
registration happening the
next day.
Mosier stated Merrill
had expressed his desire to
vote on Ordinance #3342
so she agreed to allow the
agenda addition but that
item would need to wait.
Mosier called for
citizen participation next.
There was none.
Council swiftly moved
to the marijuana ordinance
before Merrill had to leave.
Ordinance #3342 – Sec-
ond Reading. Prohibiting
Medical and Recreational
Processors, Dispensaries,
Producers, Wholesalers
and Retailers Within
Baker City and Declaring
an Emergency.
Kee addressed council
giving a brief history of the
ordinance. “Since Febru-
ary of 2014 Council has
been working on different
ordinances to address the
State sanctioned marijuana
laws. Recently, after HB
3400 passed it gave cities
a roadmap on how to write
an ordinance if more than
55% of the voters within
the county had not voted
for the ballot measure,
which was the case in
Baker City.”
Kee advised no changes
to the proposed ordinance
had been made since the
first reading on July 28,
2015.
Mosier called for any
additional discussion, for
which there was none and
no one approached the
council to speak on the
matter.
Kee then read the ordi-
nance by title only for the
second time.
Councilor Downing
motioned for approval of
the second reading with
Councilor Merrill second-
ing that motion.
Council voted 4:2 pass-
ing the motion with Mosier
and Councilors Downing,
Abell and Merrill voting
for and Councilors Thomas
and Langrell voting
against.
The third reading will be
at the next council meet-
ing.
Public Arts Commis-
sion Application.
Luke Yeaton spoke to
council and provided a
copy of the application that
had been submitted by .
Yeaton cited that the open-
ing had been open since
May and had been adver-
tised actively.
Council looked over the
application. Mosier asked
Council if they wished to
have any discussion on the
matter. Seeing none, Lan-
grell moved to appoint Ms.
Miller to the Commission
with a second by Abell.
Council voted unani-
mously to appoint Miller
and Mosier thanked her for
her willingness to serve the
community.
Ordinance # 3341 –
Third Reading. Develop-
mental Code.
After briefing Council
on the ordinance again
Holly Kerns, Planning
Director, stated that she
had heard no further public
comment and no one
spoke at the meeting after
Mosier declared the public
hearing still open. Kerns
did acknowledge Kelly
Howsley-Glover for all the
hard work that she has put
into revising the develop-
ment code and answering
public questions regarding
changes.
Kerns read the ordi-
nance by title only for the
third time. On a motion by
Downing and a second by
Thomas to accept the final
reading of the ordinance
the motion passed by
unanimous vote among the
Council.
Ordinance #3340 –
Third Reading. Remove
Annexed Properties
From The Rural Fire
District.
Kee read the ordinance
by title only for the third
time.
Kee advised Council he
had heard no additional
concerns or comments
from the public regarding
this matter and had recon-
firmed with the Fire Chief
and dispatch that dual
dispatching would con-
tinue in the area. Councilor
Downing moved for a vote
to approve.
A second to that motion
was made by Abell. Mosier
asked Langrell if he would
be abstaining from the vote
since the matter directly
effects him.
Langrell advised he
would indeed be abstain-
ing. A unanimous vote
among the remaining
Council resulted.
Ordinance #3343 –
Third Reading. E Street
Vacation.
Kerns again addressed
Council reading the or-
dinance by title only and
advising Council she had
not received any additional
public comment concern-
ing the matter.
She explained the ordi-
nance to Council one again
for clarification purposes.
Council declined further
discussion on the matter
and no one came forward
to speak to the issue. A mo-
tion to approve passing this
ordinance was made by
Downing and seconded by
Thomas. A unanimous vote
was rendered on the matter.
Cured in Place Pipe Bid
Award.
Public Works Director
Michelle Owen addressed
Council advising about this
project.
The Project was ac-
counted for in the 2015-
2016 budget. The proposed
project consists of 4723
lineal feet of wastewater
and or wastewater reha-
bilitation lining for parts of
Cedar, Court, Estes, Spring
Garden, 9th Street, 5th
Street, North 2nd Street
as well as five alley line
sections. The proposal also
includes a one block sec-
tion of Broadway. Owen
received four bids for the
job and recommended the
bid be awarded to Planned
and Engineered Constric-
tion, Inc. (PEC) for a total
of $153,425. That is lower
than the $160,600 that was
budgeted.
The city has worked with
PEC in the past on similar
project and has been
pleased with the success
of the work. PEC has been
performing this type of
work for 20 years includ-
ing both industrial and
municipal pipe linings.
Owen stated the Public
Works Advisory Commit-
tee had approved the pro-
posal that was in front of
the Council tonight. Owen
did advise Council it was
likely this work would not
be performed until January,
but by awarding a bid now
a better price was secured.
Mosier seemed very sur-
prised this work could be
performed during that time
of year. Owen assured her
it was common and even
“quite impressive with the
steam rising up.”
Downing moved to
award the bid to PEC
with a second by Abell. A
unanimous vote awarded
the bid to PEC.
Mini Excavator Bid
Award.
$75,000 was allotted in
the 2015-2016 budget for
the purchase of a new mini
excavator by the public
works department. Five
bids were received for the
excavator and evaluated
by Owen and supervisors
Keith Magnuson and Larry
McBroom.
The trio decided that a
bid from Arnold Machin-
ery for a Volvo ERC 58D
for $55,800 was the best
proposal citing price, avail-
able warranty, economy of
operation, ease of mainte-
nance, availability of addi-
tional features and value of
buyback option as reasons
for their decision.
Council was provided
a staff report with infor-
mation on all the bids re-
ceived. “We really felt that
buy back option was a big
determining factor—we
felt the amount a company
was willing to buy back
their equipment for spoke
to what they thought of
their own equipment.”
Owen advised council
that while the city had
not previously owned any
Volvo equipment the fact
that Arnold Machinery
would guarantee parts be
overnighted or delivered
personally the next day if
needed (they are located
in Meridian, Idaho) and a
willingness to be avail-
able for a city mechanic
to speak with someone
should a question arise as
additional reasons for the
choice.
Abell moved to approve
the award of this bid to
Arnold Machinery with
a second by Downing. A
Unanimous vote followed.
Appeal Of Kennel Per-
mit Denial
In April, Sylvanna
Martin of 1924 18th Street
applied for and was denied
a kennel permit.
Martin currently owns
and houses seven dogs at
that property.
Martin appealed the de-
nial to Kee as allowed by
the ordinance within the 30
day time period allocated.
As required by the
ordinance a hearing with
recommendations to Coun-
cil was held.
Kee cited reasons for the
denial included previous
citations being issued for
Dog at Large and Martin’s
failure to license the dogs
as required by the City
stating, “There is a history
of documented violations
of the Baker City Munici-
pal Code 90.”
Opposition to the per-
mit was made by several
(18) of Martin’s neighbors
who were notified by
mail as to the application.
Those opposing neighbors
cited issues with the dogs
barking, running at large
and property maintenance
issues as being reasons for
their opposition.
There was also concern
that the kennel was com-
mercial. Kee stated he met
with Martin and her spouse
Rodney on August 3rd,
“After speaking with the
Martin’s and the Planning
Department I agree that
based on information of
only selling a couple of
litters a year Ms. Martin is
more of a ‘hobby breeder’
than a commercial breeder.
Therefore, the activity is
allowed in a residential
zone.”
Kee recommended to
the Council that the denial
be upheld due to a history
of violating the Baker City
Municipal Code 90 and
opposition from neighbors
with some perceiving the
property to be a nuisance
with barking dogs and
excessive waste.
Kee did note that he
could no actual complaints
filed in connection with the
property.
Martin addressed
council informing them of
improvements to fences
and the kennel area. “I’m
not sure I agree with the
barking dog issue, my dogs
are in kennels in the house
at night,” she said.
Mosier advised Martin
that she would be voting
for upholding the denial
but acknowledged Martins
emotional state.
Mosier told Martin she
felt the need to explain her
reasoning saying she felt if
she did not take objections
seriously she felt she was
doing an injustice to those
neighbors and 18 was just
too big of a number to
ignore.
Thomas noted that when
Martin first applied for the
permit three of the dogs
currently named in the ap-
plication were not named.
Martin explained that at
that time those dogs were
not at her home but with
relatives and that could no
longer keep them for her.
Langrell told Martin,
“The evidence and the his-
tory of the way your dogs
have treated your neigh-
bors, you should be abso-
lutely ashamed of yourself.
This ordinance was written
for people like yourself
to correct problems in
neighborhoods. If we cut
down the amount of dogs
and you can show you can
take care of them in a good
manner perhaps you can in
the future reapply.”
Langrell then motioned
to affirm the denial with a
second by Councilor Abell.
Council voted unani-
mously to affirm the
denial.
Martin left the Council
Chambers visibly upset as
the final vote was being
rendered.
As outlined in the ordi-
nance Martin will have 30
days to remove the excess
dogs.
Training.
Kee advised Council
he had received an email
inviting local workers to
learn how to coordinate
with Federal entities.
The training will be Au-
gust 21-23 with a tuition of
$150. Kee felt the training
could provide valuable in-
formation for the City but
was not sure about sending
City employees and asked
Council to consider attend-
ing. (Editor’s note: See
Community Calendar on
Page 2 for more informa-
tion.)
Kee also mentioned that
a patrol of the watershed
revealed an area of fence
that had been compromised
and three cows were found
to be inside the fence, al-
though they were not near
water.
Kee said he had notified
the Forest Service and is
requesting that the graz-
ing permit for those cattle
owners be pulled until the
issue is fixed.
Chip Sealing.
Owen said she would
like to thank Baker City
residents for their patience
and cooperation of the chip
sealing projects that have
been ongoing and thank
residents in advance for
patience and cooperation
as the city workers move
on to fog sealing in the
areas of Pocahontas, Best
Frontage Road, E Street
near the High School and
Resort Street.
Maps of those locations
are available that give
more detail including alter-
nate routes.
Council Comments
Before the meeting
adjourned Downing said
he had received an e-mail
from former Mayor Clair
Button concerning falling
pine needles and embers
from the local fires that
were of serious concern.
Downing reminded
everyone to keep an eye
out for potential problems,
keep a hose handy and call
911 if necessary.
Mosier adjourned the
meeting exactly one hour
after it was called to order,
the clock chiming in the
background for both ac-
tions.
and watching her favor-
ite tennis player, Roger
Federer, at the US Open in
New York.
She loved her sunroom
where she sat and enjoyed
her yard, birds and squir-
rels, all the time crocheting
hot pads by the hundreds.
Everyone who knew
mom has a hot pad.
She is survived by her
husband Anton (Tony) Wil-
liamson; her children and
their spouses: David and
Cindy Schildknecht, Trot-
ter and Sandy Vaughan,
Dan and Kathryn Wil-
liamson; grandchildren:
Danielle Williamson,
ChristopherVaughan,
Kimberly Schildknecht,
Jeffrey Williamson, Mary
Vaughan-Hoffman and
her husband Ian, Derek
Schildknecht and Jillian
Vaughan. Her siblings Don
Shuck, Billie Stoner
(Jyme) and numerous fam-
ily members.
Memorial contributions
may be made to the Hope
Lodge through Gray’s
West & Company
1500 Dewey Avenue
Baker City, OR 97814.
— Obituaries —
Patricia Mae
Williamson
Baker City, 1934-2015
Patricia
Mae Wil-
liamson,
a lifetime
resident of
Baker City,
Oregon,
Patricia
passed away
WIlliamson
Monday,
August 10, 2015 at home
with family near her side.
She was born
February 27, 1934 to
parents Lesley and Anne
Shuck.
She followed siblings
Donald, Elaine, Billie and
Dickie.
There was a rosary and
funeral mass Thursday,
August 13 beginning at
10am at St. Francis De-
Sales Cathedral in Baker
City.
Urn interment was at
Mt. Hope Cemetery with a
luncheon following at St.
Francis DeSales Parish
Hall.
Pat graduated from
Baker High School in 1952
and shortly thereafter she
met her husband of 62
years, Tony Williamson.
They were engaged on
April Fools’
Day 1953 and married
on Independence Day the
same year. They were the
last couple to be “shiva-
reed “down Main Street
following their wedding
in the St. Francis DeSales
Cathedral.
Her greatest love in life
was her family.
A year after their mar-
riage they welcomed
twin daughters Cindy and
Sandy.
Three years later their
son Dan arrived. She
was extremely proud of
her children and seven
grandchildren and the ac-
complishments they have
achieved.
Many will remember
her working 17 years at
Kennedy’s Eastside Gro-
cery.
There wasn’t a kid in
Brooklyn that mom didn’t
know and hug daily.
She was always most
happy at home but was
well traveled. Her most
memorable trips include
visiting family in Thailand