City Takes Aim At Its Regulations, Citizens Have Their Say
By Anne Scheck
Victoria Kruljac will finally get the city-approved vinyl fence she’s fought to build, thanks to a recent change in the municipal code – but she’s feeling far from victorious about it.
Planning and zoning revisions are being recommended to the Independence City Council, and lifting the ban on vinyl fencing was one of the most recent ones. “I waited to do this under approved ‘codes,’ ” she explained -- unlike other residents who installed vinyl fencing “without filing an application or paying for a permit.” So, when the new picket fence look-alike is placed around her yard, to her it will represent extra money and time she undertook to wait for the change. "I guess I am now wondering why this wasn't processed as a single item. Why did it have to be done with all the other (development code) changes?"
“This was put on the back burner for ten months," she added.
Meanwhile, her yard was landscaped with water fountains and paths of decorative rock. Then a vinyl trellis was added -- minus the fence.
Reversing the vinyl-fence ban is but one of scores of new coding additions or clarifications to come before the city council in recent months. City staff sought to update city codes this year, to make them more consistent and contemporary. The changes range from specifications for a walkway between a new home's driveway and the front door to a clause preventing neon signs on storefronts along Main Street, unless they confer historic significance.
Ms. Kruljac provided photos showing vinyl fences all over the city, and, in some of the pictures, the wood fences near them looked undeniably shabby and weathered by comparison.
She wasn't successful in getting an answer to her stated problem months ago, but she did secure a promise from city councilors, at that time, that they likely would revise the prohibition on vinyl fencing once the code came back to them for a final decision. And now it has.
For anyone who thinks public testimony doesn’t count, Ms. Kruljac is proof that it can make a big difference. In fact, at every step of the way, sharp-eyed citizens seemed to have an impact on certain proposed provisions. When plans were unveiled for a $225 home-occupation fee amid other items on a new community-development fee schedule, downtown resident John Bodnovits showed up to a council meeting to object. He pointed out that some residents make hand-crafted items to sell around the holidays, giving them extra needed money. Subsequently, the home-occupation fee was dropped.
After some discussion by city councilors, a “historic review” fee was nixed, as well – it would have required $150 upfront from homeowners who wanted to do new construction or to refurbish a historic home.
Along the way, the process of undertaking proposed code revisions seemed to hit other communication snags. In one rather strongly-worded exchange, members of the Historic Preservation Commission seemed to take to task Zach Pelz, the city’s contracted city planner, for allegedly failing to write up changes they thought reflected their intent.
Commissioner Curtis Tidmore, who later acknowledged his statements were “harsh,” explained: “My comment was only to clarify the process going forward and I am quite confident it will move forward without any hiccups.”
Asked about this after the meeting, Mr. Pelz said Commissioner Tidmore’s criticism at the meeting pertained to a “non-substantive grammatical edit made by staff” in some of the proposed wording to code changes brought before the commission. And the city council’s liaison to the Historic Preservation Commission, Tom Takacs, agreed. However, Mr. Takacs concurred with Mr. Tidmore that there seemed to be some miscommunication between the commission and city staff. “I think there is some merit in that,” he said of the observation.
City Councilor Takacs, as well as City Councilor Marilyn Morton, both had asked for clearer definitions of some of the coding language during a council meeting. It never seemed to materialize. When contacted about this, City Manager Tom Pessemier, who is new to his position with the city, declined to comment (the councilor requests were made at meetings before he arrived).
If all of this sounds like a situation that’s a cause for concern, it may instead only be a sign of Independence’s growing pains.
In its most recent podcast on state planning issues by the Oregon chapter of the American Planning Association, small-town city planning is discussed with candor and in detail by two certified planners – Nick Snead from Madras, Dustin Nilsen from Hood River – who describe their jobs as positions they love but also a constant source of “challenge.”
City codes are seen as one of the most debated parts of city regulations.
A request for variance, which refers to an approved departure from a stated regulation in the code, is a common request by builders and homeowners alike (see The Civics Lesson on back page, “Cracking the Code: A History Lesson from Colonial America”).
On any given day, a small-town planner may field calls that go from a dispute by neighbors over a patch of unmowed grass to an inquiry from a school district representative on the municipal code to a request for immediate information on a land-use question. And there is no insulation from the local population. Even a trip to the grocery store can mean an encounter with someone who has an opinion on a City Hall action.
When contacted and asked about Independence’s code updates, Mr. Snead, the community development director at Madras, explained “most cities have common issues but the solutions are somewhat nuanced.”
“Nuanced” is not the word Victoria Kruljac would use to describe her wait for an approved fence. Across town, in residential yards, there’s vinyl fencing that she was barred from building.
“I have no bad feelings about those who installed vinyl fencing before the code change – just the city for making it so challenging,” she said Recently, the city hired a senior planner, which means now there will be a full-time city staff member devoted to that job, Fred Evander.
“He will be our first City employee doing planning work for some time,” according to the city manager, Mr. Pessemier. He added that Mr. Pelz, who worked under contract and was on-site only part-time, “has done a praiseworthy job.”
Mr. Pelz and his firm, AKS, will continue to do overflow planning work on a contract basis for the city. And, if the podcast by Mr. Snead and Mr. Nilsen is correct, there is plenty of need for more planning help lying ahead in a small town like Independence.
___________________________________________________________________________________________
In this issue, a new insert to The Independent makes its debut. "The Bulletin Board" will be covering educational topics periodically. This one features local veterinarian Robert Archer DVM, who is helming the Rotary Exchange program and seeking host families.
“As a host parent, I found hosting to be a way to travel without leaving home,” he said.
“As a member of the Rotary exchange program, I would say that none of the benefits received by the students we host, the students we send overseas, our schools, and our communities could happen without host families and that we are always needing more,” Dr. Archer said.
Victoria Kruljac will finally get the city-approved vinyl fence she’s fought to build, thanks to a recent change in the municipal code – but she’s feeling far from victorious about it.
Planning and zoning revisions are being recommended to the Independence City Council, and lifting the ban on vinyl fencing was one of the most recent ones. “I waited to do this under approved ‘codes,’ ” she explained -- unlike other residents who installed vinyl fencing “without filing an application or paying for a permit.” So, when the new picket fence look-alike is placed around her yard, to her it will represent extra money and time she undertook to wait for the change. "I guess I am now wondering why this wasn't processed as a single item. Why did it have to be done with all the other (development code) changes?"
“This was put on the back burner for ten months," she added.
Meanwhile, her yard was landscaped with water fountains and paths of decorative rock. Then a vinyl trellis was added -- minus the fence.
Reversing the vinyl-fence ban is but one of scores of new coding additions or clarifications to come before the city council in recent months. City staff sought to update city codes this year, to make them more consistent and contemporary. The changes range from specifications for a walkway between a new home's driveway and the front door to a clause preventing neon signs on storefronts along Main Street, unless they confer historic significance.
Ms. Kruljac provided photos showing vinyl fences all over the city, and, in some of the pictures, the wood fences near them looked undeniably shabby and weathered by comparison.
She wasn't successful in getting an answer to her stated problem months ago, but she did secure a promise from city councilors, at that time, that they likely would revise the prohibition on vinyl fencing once the code came back to them for a final decision. And now it has.
For anyone who thinks public testimony doesn’t count, Ms. Kruljac is proof that it can make a big difference. In fact, at every step of the way, sharp-eyed citizens seemed to have an impact on certain proposed provisions. When plans were unveiled for a $225 home-occupation fee amid other items on a new community-development fee schedule, downtown resident John Bodnovits showed up to a council meeting to object. He pointed out that some residents make hand-crafted items to sell around the holidays, giving them extra needed money. Subsequently, the home-occupation fee was dropped.
After some discussion by city councilors, a “historic review” fee was nixed, as well – it would have required $150 upfront from homeowners who wanted to do new construction or to refurbish a historic home.
Along the way, the process of undertaking proposed code revisions seemed to hit other communication snags. In one rather strongly-worded exchange, members of the Historic Preservation Commission seemed to take to task Zach Pelz, the city’s contracted city planner, for allegedly failing to write up changes they thought reflected their intent.
Commissioner Curtis Tidmore, who later acknowledged his statements were “harsh,” explained: “My comment was only to clarify the process going forward and I am quite confident it will move forward without any hiccups.”
Asked about this after the meeting, Mr. Pelz said Commissioner Tidmore’s criticism at the meeting pertained to a “non-substantive grammatical edit made by staff” in some of the proposed wording to code changes brought before the commission. And the city council’s liaison to the Historic Preservation Commission, Tom Takacs, agreed. However, Mr. Takacs concurred with Mr. Tidmore that there seemed to be some miscommunication between the commission and city staff. “I think there is some merit in that,” he said of the observation.
City Councilor Takacs, as well as City Councilor Marilyn Morton, both had asked for clearer definitions of some of the coding language during a council meeting. It never seemed to materialize. When contacted about this, City Manager Tom Pessemier, who is new to his position with the city, declined to comment (the councilor requests were made at meetings before he arrived).
If all of this sounds like a situation that’s a cause for concern, it may instead only be a sign of Independence’s growing pains.
In its most recent podcast on state planning issues by the Oregon chapter of the American Planning Association, small-town city planning is discussed with candor and in detail by two certified planners – Nick Snead from Madras, Dustin Nilsen from Hood River – who describe their jobs as positions they love but also a constant source of “challenge.”
City codes are seen as one of the most debated parts of city regulations.
A request for variance, which refers to an approved departure from a stated regulation in the code, is a common request by builders and homeowners alike (see The Civics Lesson on back page, “Cracking the Code: A History Lesson from Colonial America”).
On any given day, a small-town planner may field calls that go from a dispute by neighbors over a patch of unmowed grass to an inquiry from a school district representative on the municipal code to a request for immediate information on a land-use question. And there is no insulation from the local population. Even a trip to the grocery store can mean an encounter with someone who has an opinion on a City Hall action.
When contacted and asked about Independence’s code updates, Mr. Snead, the community development director at Madras, explained “most cities have common issues but the solutions are somewhat nuanced.”
“Nuanced” is not the word Victoria Kruljac would use to describe her wait for an approved fence. Across town, in residential yards, there’s vinyl fencing that she was barred from building.
“I have no bad feelings about those who installed vinyl fencing before the code change – just the city for making it so challenging,” she said Recently, the city hired a senior planner, which means now there will be a full-time city staff member devoted to that job, Fred Evander.
“He will be our first City employee doing planning work for some time,” according to the city manager, Mr. Pessemier. He added that Mr. Pelz, who worked under contract and was on-site only part-time, “has done a praiseworthy job.”
Mr. Pelz and his firm, AKS, will continue to do overflow planning work on a contract basis for the city. And, if the podcast by Mr. Snead and Mr. Nilsen is correct, there is plenty of need for more planning help lying ahead in a small town like Independence.
___________________________________________________________________________________________
In this issue, a new insert to The Independent makes its debut. "The Bulletin Board" will be covering educational topics periodically. This one features local veterinarian Robert Archer DVM, who is helming the Rotary Exchange program and seeking host families.
“As a host parent, I found hosting to be a way to travel without leaving home,” he said.
“As a member of the Rotary exchange program, I would say that none of the benefits received by the students we host, the students we send overseas, our schools, and our communities could happen without host families and that we are always needing more,” Dr. Archer said.
The CIVICS LESSON
Cracking the Code: History Lesson from Colonial America
The historic beginnings of almost all city planning codes in America are attributed to a centuries-old document called The Laws of the Indies, which was embraced as a go-to guide for new cities by King Philip II of Spain. When the king sent explorers to America in the mid-1500s, they established the Florida town of St. Augustine. Philip II, the world’s most powerful monarch, also was a ruler who today might be described as a policy wonk. He thought American colonies should develop in an orderly fashion, so he put forth ordinances, The Laws of the Indies. The laws required some city buildings to be accessible for services and mandated that central plazas were square or rectangular, in order to safely accommodate a crowd of people. The idea that a town needed to be configured a certain way for the benefit of its inhabitants took hold in the United States, and now vestiges of The Laws of the Indies can be seen in any municipal code. The story of The Laws of the Indies and King Philip II are part of the archives of the American Planning Association in Chicago.
The INDY HOP: A Birthday Recipe Minus Bullwinkle
Independence celebrated a birthday recently, and the Heritage Museum gave out bags of swag -- including a historic recipe book -- right along with delicious chocolate cake. Called “The Oregon Trail Cookbook,” this free tome of wagon-trail food contains a simple recipe that would be hard to do in the kitchens of Independence: “Roast Moose.” It is so easy it involves only a single step. You just put a big piece of moose roast on greased foil, add ingredients you want, wrap and bake it in the oven. The hitch is that there are relatively few moose in Oregon, and sightings are considered so exciting that they are to be called in to the Oregon Department of Fish and Wildlife. Supermarkets throughout the state don't seem to be any help either -- none stock moose meat. Even national grocery chains don't have it anywhere on the west coast but Alaska. So the easiest-to-use recipe in the entire give-away cookbook cannot be utilized. This would be sad news except that a revision guarantees success. Throw in a rump roast instead. It tastes just as good! Or wait ... maybe it doesn't? You’ll never know! Because there’s no moose meat in Oregon except the live kind on hooves near Wallowa, and hunting them is forbidden.
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