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Home Featured Story

Hillsboro City Council To Consider Special Permits For Use Of Private Property

City Council To Hear New Ordinance

Dirk KnudsenbyDirk Knudsen
May 7, 2024
in Featured Story, City Council, Government
14
January 16th Council Meeting Will Feature More Real Estate Deals And Money For CHIPS

City Hall - Photo by Dirk Knudsen - Hillsboro Herald

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The Hillsboro City Council will hold a meeting on the evening of 5-7-2024.  The Council meets every 1st and 3rd Tuesday of each month, passes many Ordinances and new codes, and makes proclamations.  They take up a new business, approve the old business, and keep a long list of agenda items moving in the fastest growing City in Oregon.  Tomorrow night is a lighter schedule, but much is on tap.  In addition to the work they handle during the meetings, they hold work sessions from 6 PM to 7 PM.  The regular meeting is often followed by Executive Sessions, which are closed to the public.  They discuss sensitive matters they do not want out in the open, and while once rare, these meetings have occurred regularly in the last few years.

City Hall – Photo by Dirk Knudsen – Hillsboro Herald

I think everyone should pay attention to one item on the Agenda. See below under Editors Notes.

The overall schedule is as follows:

Work Session – 6pm – Civic Center C113B&C/Zoom Teleconference

ARPA Multijurisdictional Community Engagement Contract – presented by Simone Brooks, Assistant City Manager, and Marcus Ford, Community Engagement Manager

Staff Report

City Council Regular Session – 7pm – Civic Center C113B&C/Zoom Teleconference
  • Oregon Mayors Association 2023-24 “If I Were Mayor” Student Contest Winners
  • Proclamation: Portland Community College Founders Day – May 15Proclamation
  • Proclamation: Asian American, Native Hawaiian, and Pacific Islander Heritage Month – MayProclamation
  • Proclamation: Public Works Week – May 19-24Proclamation
  • Proclamation: Building Safety Month – MayProclamation
  • Family Justice Center Annual Update – presented by Judy WilleyAnnual Report
  • Public CommentComments are limited to three minutes.

Consent Agenda

  • Minutes:April 16, 2024April 16, 2024 work sessionCouncil Minutes 041624

    Work Session Minutes 041624

  • Consider Transportation Committee recommendation to approve Public Improvement Contracts for the 2024 Pavement Management Program with the following responsive low bidders for each schedule, and authorize a contingency amount of $500,000 for any asphalt escalation and unforeseen work.

            Schedule “A”: Overlays to Knife River, in the amount of $2,161,876.77

            Schedule “B”: Slurry Seals to Blackline Inc., in the amount of $1,409,972.97

    Staff Report

     

  • Public Hearings  – NONE
  • Unfinished Business – NONE
  • Ordinances:(Per Charter requirements, ordinances are adopted over the course of two City Council meetings unless special circumstances exist. If applicable, ordinances adopted at a single meeting are noted as such on the agenda.)
  • Consider adopting an ordinance replacing Subchapter 9.36 and amending Section 1.01.020 of the Hillsboro Municipal Code related to special event permits. Ordinance No. *6469 is available.Staff ReportOrdinance No. 6469
  • New Business – NONE
  • City Managers Report
  • Advice/Information Items
    • Fiscal Year 2023-24 Community Housing Fund SupportAnnual Report
  • Work Session – Following Regular Session – Civic Center C113B&C/Zoom Teleconference
    • Glencoe Swale Flood Mitigation Project – presented by Allison Bergseng, Public Works Senior Program ManagerStaff Report
  • Executive Session – Following Work Session – Civic Center C113B&C(No action may be taken in executive session. If action needs to be taken, the Council will do so in regular session)

Editors Notes:

  • The Hillsboro Municipal Code related to special event permits is one to note. If you read the Staff Report, you will see that the City is considering tightening the ability for citizens to gather in numbers. If you plan to have a large event of any kind, including a BBQ, wedding, or backyard birthday party, or any event that is out of your norm, you may need to pay a fee and get a Special Events Permit.
  • The Staff Report clarifies that “The new language incorporates processes and requirements from all applicable City Departments where the previous ordinance was specific to events impacting the right of way only.”

  • The Code currently requires a Permit for anyone wanting to use the public right of way.

    Existing Code: 9.36.020 Permit required:   A person wishing to use the right-of-way for a special event must apply for and obtain a special event permit from the city.

  • So here is the new Code:

“SPECIAL EVENT, any group activity that is conducted: (1) in whole or in part on city property or on public rights-of-way and has an estimated peak attendance of fifty (50) or more persons; or (2) on private property and (i) will have a direct and significant impact on ordinary traffic congestion or traffic flow to and from the event over public rights-of-way; or (ii) will significantly affect public rights-of-way near the event; or (iii) could affect the need for city provided emergency services such as police, fire or medical aid to provide services at a higher than normal level. A special event also includes any group activity where the activity or the use of materials or equipment to support the activity requires approval of a City Board or Commissions, or City staff; a permit under the fire code; or approval of the Community Development Department, including but not limited to events that use amplified sound or live music in City parks; are held in City parks during the hours when the park is closed to the public; involve vending
activities in City parks; utilize non-motorized vehicles in otherwise prohibited areas of City parks; expect participation by fifty (50) or more persons in unreserved areas of City parks; will serve alcoholic beverages on City property; will display fireworks; will use open flames, such as candlelight vigils; will use propane or other flammable materials for cooking; are open to the public but require ticketed admissions; will use a tent larger than four hundred (400) square feet; or will construct temporary structures such as a stage or a band shell.”

This is a huge change. If this ordinance passes, almost anything that involves more people than usual on private land will need a permit. That might include a neighborhood party, a large concert at a Church, a gathering on your neighborhood HOA land, a cultural event like a party in a restaurant, a baseball game, or any special occasion. 

The NEW Code seems to force current restrictions, now limited to events that use public Rights of Way, onto events in your backyard, home, business, or place of worship.  

BUT WAIT—There is More! The City Manager can exempt the following events:

From the new proposed ordinance:

C. The manager may exempt the following events from the permitting process if a permit
is not necessary to protect the public health and safety:
1. Events held by the city or another governmental agency acting within the scope of their
authorized function;
2. Contractual agreements between the City and other entities that address the
requirements of a special event permit;
3. Impromptu or quickly organized events that have as a primary purpose lawfully
engaging in free speech activities and
4. Funeral processions.

This is once again the erosion of individual rights- I agree that permits and insurance must cover big events on public streets and parks.  But on private land and private property?  This new code has not been thought out well.  Here are some things that are possibly going to be Special Events that need a Special Event Permit as I see it:

  • Weddings at Churches
  • High School sports of all kinds
  • Club Sports of all kinds
  • Club gatherings
  • Nature Walks with Friends
  • Church Services on occasions with large turnouts
  • Children’s Birthday Parties, the big ones
  • Graduation Ceremonies
  • Large Banquets at Local Restaurants
  • A Volleyball Tournament at a private facility
  • A Farm Stand on a private parcel of land where a special event is held
  • Almost every Quinceanera I have ever been to!
  • Family Reunions.

Do you get my point?  Who draws the line, and where do we draw it? And why are we doing this?  More restrictions- more Government control.

We wonder why people get upset and want to Vote for anti-government people.  I am not one of those people, but I know many people like that.  This sort of thing causes distrust, and it is overreach.  These sorts of rules are why we find our country so horribly divided.

I will contact our Councilors and ask for better language and clarity because this Ordinance is not written objectively enough to advance. Honestly, Hillsboro doesn’t need it.

Please avail yourselves of your rights to be heard, too.

Email the City Recorder by 3 PM Tomorrow amber.ames@hillsboro-oregon.gov 

Attend the Meeting, which starts at 7 PM – Civic Center – Fill out a yellow card when you come in.
150 E. Main Street
Hillsboro, Oregon 97123

Watch on Zoom:

Zoom Teleconference

Phone: 1-253-215-8782 or 1-301-715-8592
Meeting ID:851 4863 9488
Password: 932487
https://us02web.zoom.us/j/85148639488?pwd=RzNHQ0ZzVFBNN3h5Q04xQnJjaGJsQT09

 

 

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Dirk Knudsen

Dirk Knudsen

Dirk Knudsen is a lifetime Hillsboro resident. He and his wife, children, grandchildren, and the extended family have served the Community for over 55 years. Read More About Dirk right here - https://hillsboroherald.com/about-us/about-dirk-knudsen/

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Comments 14

  1. Jason Flint says:
    2 years ago

    So… their way of saying the jaripeo at Ranco El Nogal is no more.

    With laws like this one, the game is “say who you’re targeting without saying who you’re targeting.” We’ve had events businesses that receive public funding from the city actively resist taking quincenera business until the pandemic showed them the light. But now we have the city telling us which events fall into keeping with the local aesthetic.

    While I appreciate your extensive list of potential targets for this kind of legislation, from my vantage point on the boundary, this seems to be the place where the folks in the neat little rows of houses within the named subdivisions would like some control over their neighbors in the acreage three lanes across the road.

    Reply
    • Dirk Knudsen says:
      2 years ago

      There it is Brother. We have a neighbor near Shute Park who hosts bands and fairly large and popular gatherings every 2 or 3 weeks. You can hear the music for a couple blocks and the food always smells awesome. Tents in the yard, kids in a bouncy house, and by all accounts the gatherings are a blast. I suspect the people in the new 700-800K homes to the South don’t like the noise- I love it. It makes the neighborhood feel alive and there have been no issues. So now the City Manager has to sort this out? HPD has more to do? All these 4th of July neighborhood gatherings are now break the law more than they do? And what of the HOPS who need special event permits for every game? Oh wait, they are exempt. That’s right.
      Shoot. Well, a guy can try.
      I tell you one thing, we could have written a much better code. This one is confusing, on purpose I think.

      Reply
      • Keithk says:
        2 years ago

        Are you volunteering to help write it?

        Reply
        • Dirk Knudsen says:
          2 years ago

          Based on writing contracts for 43 years, this would take maybe 30 minutes to be done right. And it should not take away private prooperty rights. We already have hundreds of pages of codes that deal with nuisance complaints. So, to answer your question, YES!

          Reply
  2. Janel Josephson says:
    2 years ago

    Would this impact the new Reed’s Crossing farmer’s market, in a public park, with 30+ vendors and limited parking?

    Reply
    • Dirk Knudsen says:
      2 years ago

      Janel;

      Because it is on a City Park or Plaza it would be exempted. But Farmers Market is well run and they get event permits every year. This does not create any change for them. They attract a lot of people and so they already get facilities and event permits. Again, that is public land and a use that already gets permits.

      Reply
  3. Kathleen M Parson says:
    2 years ago

    I totally agree with you, Dirk, and, am surprised that I was surprised of Jasons’ take on who would be required to get a permit. This is yet another scheme by the City to get more from those that have less. Too many complaining about noise, smell, crowds, etc., enough to get the Council involved! And, wait, filling the coffers while we regulate every damn thing in the City.

    Reply
  4. Ethan says:
    2 years ago

    Dirk: In your example of “Nature Walks with Friends” what factor are you thinking of that would break the new code?

    Reply
    • Dirk Knudsen says:
      2 years ago

      Ethan, the way the code us written, if I met with my history group and we gathered at some property, public or private, in a large number – 50 or so, and went for a walk, we would be subject to the rules. Our “group” would be / could be deemed to be larger than normal and stress out public response of ambulances or emergency responders if something should happen while we are there- my examples, while some may seem ridculous, in fact could fall under the new rules. That should never even be a thing. I have land on Jackson Bottom with trails. We have discussed doing an event on my property for kids with special needs- so would I be liable for havuing them come in numbers to learn about salamanders and Wapato? The very thought that I would even have to do that is reason enough to know this is not well thought out. The previous owner had 120 people there for a family reunion. Should they have been subjected to permit? I think not. There isn’t a rationale or basis for that. Nor have there been demonstrable reasons or incidents for that. Anyway- that is the issue at hand.

      Reply
  5. tasha says:
    2 years ago

    Does this include having a Garage/yard / estate sale on your private property?

    Reply
    • Dirk Knudsen says:
      2 years ago

      Great question.
      If u read the proposed code…the answer is I don’t know. Yes… u could have a sale that would tip the scales beyond the norm and create am issue. Only the City would decide. There in lies the problem. All rules need to be clear and objective. That means Garage Sales should be in the code and they should be exempted. But they have not done that. Estate sales can be a zoo and attract hundreds. So that will need one. But again, a good law will cover all eventualities. This one does anything but that. Great question!

      Reply
  6. Brian Guinther says:
    2 years ago

    Great info Dirk! Thank you for the time and energy you put into this.

    Reply
    • Dirk Knudsen says:
      2 years ago

      All I cand do is read these ordinances, which are often put up without a hearing. If one reads this proposed change, and really understands the law and codes, it is easy to see that this is not some small code change but in fact an assault on private property rights. Worse yet, it has objective criteria as to what will require a permit on private land, and what will not. It is all nebulus and up to individuals in the City to parse out who has to comply and who does not. It is BS, is what it is.

      Thanks for reading. I can sure use some support- these articles cost me personally.

      Reply
  7. Larry Capelis says:
    2 years ago

    I’m thinking that regulation of bad behavior ought to address bad behavior; using the logic of this ordinance as written, one might arguably justify that every live birth could potentially negatively affect the quiet enjoyment of others, and domestic tranquility . . I’ve been to a couple of live births where things, fueled by intra family tension, got out of hand, I could see where, under the logic of this ordinance, maybe we ought to create an entire agency to administer a permittig process, and fee structure, to deliberate at length, whether, and under what circumstances ANY live birth ought to be permitted, and the cost of administering said process, ought to be borne by those responsible, MOTHERS, all mothers . . . Happy mother’s day to all of you, be nice to each other, it’s the right thing to do . .

    Reply

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