Agenda
[0:50]
Call to Order
[0:50]
Executive Session pursuant to ORS 192.660(2)(h) to consult with legal counsel concerning the legal rights and duties of a public body regarding current litigation or litigation likely to be filed.
[3:41]
Roll Call: Mayor Melanie Kebler, Mayor Pro Tem Megan Perkins, Councilor Gina Franzosa, Councilor Ariel Méndez, Councilor Mike Riley, Councilor Megan Norris, and Councilor Steve Platt
[3:47]
Good of the Order
[17:24]
Council Action and Reports
[17:32]
Letters
[17:57]
Appointments
[20:49]
Councilor Reports
[20:50]
Council Schedule Requests
[52:48]
Visitor’s Section – submit written comments by email to council@bendoregon.gov. Members of the public who wish to offer public comment may do so in person, by phone or by registering on Zoom prior to the meeting. Speakers will have two minutes each and are asked to monitor their time. (See numbers and links at the top of the agenda)
[1:11:30]
Consider a Motion to Approve the Consent Agenda
[1:11:54]
Authorize a contract with Consor North America, Inc. for the design of the 15th and Ferguson Roundabout Project (1GRMC) in a contract amount of $661,990 and an anticipated additional phase of $137,745 for a total amount of $799,735.
[1:14:08]
Public hearing and first reading of an ordinance amending the Bend Development Code to update various standards and procedures.
[2:10:50]
Second reading of an ordinance to amend the comprehensive plan map and zoning map to redesignate and rezone 1.93 acres of undeveloped land adjacent to Pacific Crest Middle School from Urban Area Reserve (UAR-10) to Residential Urban Medium Density (RM).
[2:12:06]
Receive City Managers Report
[2:15:27]
Human Resources’ Proposed Review Process for City Manager
Transcript
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[0:05]
live captioning test.
[0:06]
.
[0:11]
>> all right.
[0:17]
Bend city council will not meet
[0:19]
to consult with legal counsel
[0:29]
with litigation to be filed.
[0:31]
Representatives of the news
[0:34]
media are directed not to report
[0:34]
[Inaudible] As previously
[0:36]
announced.
[0:39]
No decision MAY be made at the
[0:42]
end of the executive session
[0:43]
we'll return to session at 6
[0:44]
P.M..
[0:46]
Thanks.
[3:34]
Order -- there's an echo from
[3:35]
someone.
[3:35]
Good.
[3:38]
We'll go ahead and call to order
[3:40]
the bend city council business
[3:43]
meeting for tonight and start
[3:54]
with roll call with councillor
[3:54]
platt.
[3:57]
>> councillor perkins is excused
[3:57]
tonight.
[4:00]
We'll go into good of the order
[4:02]
and start with information and
[4:03]
then ask for council.
[4:06]
So I'm going to invite molly
[4:07]
heiss from neighbor impact to
[4:09]
come up to the table and this is
[4:12]
just going to be receiving
[4:13]
information about the snap
[4:15]
benefits issue that is going on
[4:17]
with the delay of snap benefit
[4:19]
money to people in our
[4:22]
community, a couple quick stats.
[4:25]
34% of people in oregon are
[4:28]
struggling to cover basic
[4:31]
expenses and 27,000 rely on snap
[4:34]
to keep food on the table in
[4:34]
oregon.
[4:36]
I thought this was a timely
[4:38]
topic we want to hear about for
[4:39]
our community.
[4:41]
Molly's going to talk and then
[4:44]
I'll have an ask for council.
[4:45]
>> indeed.
[4:49]
Good evening mayor kebler and
[4:51]
esteemed councillors.
[4:54]
thank you for inviting us here
[4:55]
to talk about it.
[4:58]
I'm the deputy executive
[4:59]
director of community services,
[5:05]
that includes oversight of the
[5:09]
regional food bank.
[5:13]
We are the regional food bank in
[5:15]
partnership with feeding america
[5:17]
and oregon food bank.
[5:18]
Here to just create more
[5:20]
information around the need and
[5:22]
talk about what we're doing.
[5:27]
My stats are slightly different
[5:31]
in that I have 23,405 central
[5:33]
oregon households without food
[5:34]
assistant as of NOVEMBER 1st.
[5:37]
That includes 9001 as reported
[5:41]
by the oregon department of
[5:42]
human services local branch
[5:45]
office in bend alone.
[5:48]
We supply food across central
[5:51]
oregon to 57 partner agencies
[5:53]
and we maintain and operate 15
[5:55]
mobile pantry sites, taking food
[5:58]
out to communities and regions
[6:00]
across central oregon that don't
[6:03]
have access to food resources.
[6:05]
We're going out to food deserts
[6:08]
with the mobile food pantry to
[6:09]
help deploy.
[6:10]
The network has experienced a
[6:13]
cut prior to the snap
[6:13]
disruption.
[6:15]
We lost commodities from the
[6:19]
federal government, 28% of our
[6:22]
food volume that we're used to.
[6:24]
The thing of significant note of
[6:25]
this disruption and government
[6:28]
shut down, the last time we were
[6:30]
flooded with food commodities.
[6:32]
We had a significant amount of
[6:34]
food to move, almost more than
[6:35]
we could handle.
[6:38]
This time is extremely
[6:38]
different.
[6:40]
We had a shortage we were
[6:43]
informed of in MARCH and started
[6:45]
feeling by MAY and that has
[6:47]
disrupted food flow across
[6:50]
central oregon and to our
[6:51]
partner agencies and mobile
[6:51]
distributions.
[6:53]
One thing that is really
[6:56]
interesting, every meal provided
[6:59]
by -- for every meal provided
[7:03]
by food banks, snap serves nine.
[7:04]
It's the problem that no system
[7:06]
can respond to and meet the
[7:07]
need.
[7:10]
If you think of the fact that we
[7:11]
need $7 million a month to
[7:14]
respond to this across oregon
[7:16]
and we bring in millions of
[7:18]
pounds of food a year and that's
[7:20]
not enough to meet the need.
[7:23]
The need is real.
[7:29]
Snap also fuels our local
[7:30]
economies.
[7:33]
Up to $1.80 in grocery spending
[7:36]
is snap dollars and creates a
[7:38]
one month benefit loss will pull
[7:40]
about $7 million out of grocery
[7:42]
stores and those are the
[7:44]
appropriate response mechanism
[7:45]
to help support with snap
[7:46]
purchases.
[7:48]
They have staff and regional
[7:50]
locations.
[7:52]
Food banking is not built to
[7:55]
deploy these kinds of resources.
[7:57]
We function and our partner
[7:58]
agencies function with
[7:59]
volunteers.
[8:02]
So even if we did replace the
[8:04]
$7 million deficiency, we could
[8:06]
not respond in the same way.
[8:09]
What we are doing though is we
[8:10]
are raising emergency funds,
[8:14]
which is part of why I'm here
[8:15]
today.
[8:16]
And purchasing extra food to
[8:18]
fill the gaps to help to the
[8:21]
best of our ability to make the
[8:23]
partner agencies whole so our
[8:24]
neighbors across central oregon
[8:25]
are fed.
[8:27]
We are not able to fully meet
[8:28]
every need.
[8:31]
We have seen 100% increase, we
[8:33]
got reports from partner
[8:34]
agencies today, in their
[8:35]
volumes.
[8:38]
And that's in the last week and
[8:39]
a half.
[8:42]
We are providing grocery cards
[8:43]
to head start families.
[8:45]
That is the project I was on
[8:46]
this week.
[8:49]
We went to locally owned grocery
[8:50]
stores across the communities
[8:52]
that head start families are in
[8:54]
to make sure the revenue stayed
[8:57]
in the community and they had
[9:00]
local access to use those gift
[9:00]
cards.
[9:03]
We are also drawing down our
[9:04]
reserves to help contribute and
[9:07]
purchase more food to flow into
[9:08]
the system.
[9:11]
The other piece is supporting
[9:13]
our employees, we're a hunger
[9:14]
organizations and we're not
[9:16]
going to let employees impacted
[9:19]
by the snap disruption go
[9:20]
without.
[9:23]
No single effort can solve this
[9:25]
crisis, but every contribution
[9:26]
helps someone eat today, this
[9:29]
week or this month.
[9:31]
One of the interesting and
[9:33]
relevant pieces around
[9:34]
contributions to neighbor impact
[9:36]
is because of our food
[9:39]
purchasing power, we're able to
[9:41]
stretch every dollar three fold.
[9:44]
So, we can turn $1 into $3 worth
[9:44]
of food.
[9:46]
The impact of that is that when
[9:48]
you are giving cash to families
[9:50]
or supports to families to use
[9:53]
in a retail outlet, we can
[9:55]
actually pump more volume with
[9:57]
an investment into the food
[9:59]
system as a whole.
[10:02]
Shelves will run low and lines
[10:04]
will grow long but we'll face it
[10:05]
together is our attitude.
[10:09]
That is why we're here and
[10:10]
appreciate the invitation and
[10:12]
every dollar feeds someone.
[10:15]
we've had some -- the community
[10:18]
has stepped up in folds and
[10:18]
gotten contributions from
[10:21]
private donors.
[10:24]
We had a contribution from
[10:25]
pacific county and pacific
[10:25]
source.
[10:29]
The money flowing out of the
[10:30]
governor's office that she
[10:35]
released for the month is in
[10:36]
flux.
[10:38]
We'll get about $250,000 of that
[10:39]
to neighbor impact and that is
[10:49]
still in the contracting
[10:50]
process.
[10:52]
We're working as if that money
[10:54]
is moving forward and covering
[10:56]
balances with the reserve and
[11:02]
refueling the cover
[11:02]
ffers.
[11:05]
We have an online food drive for
[11:06]
people to contribute to the
[11:07]
system.
[11:10]
You can go through and select
[11:13]
bulk purchases, potatoes,
[11:14]
apples, onions, things like
[11:16]
that, rice and beans.
[11:18]
That's been something that the
[11:19]
community has been really
[11:19]
engaged in.
[11:21]
We've gotten a lot of people
[11:22]
writing checks and saying they
[11:24]
want to be a part of the
[11:26]
solution.
[11:30]
Volunteering is also a key
[11:31]
factor of this with additional
[11:33]
people coming into the system.
[11:37]
Every food pantry and hot meal
[11:38]
site, every agency needs extra
[11:39]
support.
[11:41]
So whether it is true to your
[11:42]
heart to volunteer close to home
[11:46]
or come volunteer at a regional
[11:49]
food bank, our warehouse up in
[11:52]
redman, please engage in any way
[11:54]
you are able to or your
[11:55]
constituents might be able to.
[11:57]
Some of the most needed items if
[11:59]
people are dropping off at a
[12:02]
local food pantry or our
[12:05]
warehouse or regional offices,
[12:09]
tuna, canned chicken, soups,
[12:11]
peanut butter, fruits, ready to
[12:18]
eat meals and pasta.
[12:21]
Lastly, it is non partisan and
[12:24]
doesn't take political positions
[12:26]
but this situation was created
[12:27]
by political inaction.
[12:31]
We urge leaders to restore the
[12:32]
safety nets that support
[12:34]
millions of americans.
[12:35]
Denying food to people is cruel
[12:37]
and failure of government to
[12:39]
meet basic obligations.
[12:41]
We so appreciate the city of
[12:44]
bend leaning in to an
[12:46]
opportunity to support people in
[12:47]
central oregon.
[12:49]
>> thank you very much, molly.
[12:50]
I appreciate the statement and
[12:51]
all the information about what
[12:52]
you're doing and hearing that
[12:54]
our community is stepping up.
[12:56]
I want to encourage in this
[12:57]
moment, anyone who is able to
[12:59]
give or help to think about
[13:00]
doing that.
[13:02]
I also wanted to see what we can
[13:03]
do as a city.
[13:05]
I'll turn to eric on options for
[13:06]
us to help.
[13:08]
>> first off, we want to help.
[13:09]
We're instituting a food drive
[13:11]
at all of our campuses.
[13:14]
We're going to partner with our
[13:15]
fire department who has
[13:17]
externally facing campaign as
[13:18]
well.
[13:21]
We're going to have drop off
[13:22]
bins at our locations and we're
[13:24]
going to do active things.
[13:26]
I also want to entertain the
[13:28]
idea of council contributing
[13:29]
some financial resources.
[13:31]
As you know, we just got good
[13:34]
news from the county assessor
[13:35]
and property tax revenue came in
[13:37]
a little higher than projected.
[13:44]
In the range of 10-20 thousand
[13:44]
dollars contribution.
[13:47]
that's just a starting point to
[13:49]
sort of start the discussion to
[13:50]
see what you're comfortable
[13:50]
with.
[13:52]
>> this is not something that is
[13:53]
ongoing every month, we're doing
[13:55]
-- this needs to be fixed and
[13:57]
you are right, this is a failure
[13:59]
of government that we're letting
[14:00]
people go hungry.
[14:02]
We want to step in to help but
[14:04]
this is not a permanent solution
[14:07]
in any way, shape or form.
[14:08]
Any thoughts for councillors?
[14:10]
>> I'm fully supportive of a
[14:11]
contribution.
[14:13]
I think we need to step in and
[14:14]
help and appreciate you taking
[14:19]
the lead and helping the
[14:19]
community.
[14:22]
>> I agree.
[14:24]
I think we should entertain
[14:24]
$20,000.
[14:25]
I just want to echo the
[14:26]
statement you made about the
[14:29]
government failure.
[14:31]
I mean, this is in many ways, I
[14:34]
can be more political than you
[14:35]
can perhaps.
[14:39]
A failure of the current
[14:40]
administration to just --
[14:42]
implications of many decisions
[14:43]
being made in washington D.C.
[14:45]
And the administration and those
[14:46]
in power in congress.
[14:49]
It is very frustrating they're
[14:51]
being cruel to people in our
[14:56]
community, people across the
[14:57]
country.
[14:58]
>> just to emphasize, if people
[15:01]
want to help, you mentioned
[15:02]
donating, buying food,
[15:03]
volunteering.
[15:07]
It sounds like there's a big
[15:09]
disproportionate affect of
[15:09]
donating.
[15:11]
This is not how we're going to
[15:12]
be able to fix through
[15:13]
individual people stepping up.
[15:15]
We can try to lessen the impact
[15:19]
of it, but there's no
[15:20]
substitution for this.
[15:21]
Our federal government needs to
[15:23]
step up and fix this.
[15:24]
>> I'm fully supportive.
[15:27]
I agree with councillor riley,
[15:28]
the 20,000.
[15:30]
>> is everyone okay with that?
[15:30]
>> I am.
[15:33]
The one thing I wanted to add,
[15:35]
the complicating factor I can't
[15:36]
get over.
[15:37]
You said the last time the
[15:39]
government was closed, you were
[15:40]
flooded with commodities and
[15:43]
this time it is the opposite.
[15:47]
Just making this even harder for
[15:47]
you.
[15:49]
>> absolutely, yes.
[15:54]
We found out this MARCH that
[15:56]
commodities we're going to be
[15:57]
turned off.
[15:58]
We weren't sure if it was
[15:59]
temporary or not.
[16:02]
We started to feel the effects
[16:03]
with the food volumes at the
[16:07]
banks in MAY of 25 and partner
[16:11]
agencies reported really feeling
[16:12]
it about JULY.
[16:13]
In speaking with our food
[16:15]
program director who has been
[16:19]
here 10 years now, this is just
[16:19]
unprecedented.
[16:21]
We have not had a snap
[16:24]
disruption since the 60s.
[16:25]
And then, again, with the
[16:27]
government shut down last time,
[16:30]
we were flooded hand over foot
[16:42]
with commodities.
[16:44]
Central oregon stepped up and
[16:46]
filled the gap with food
[16:48]
donations and brought us within
[16:51]
the 12-13% range but it is still
[16:52]
a gap and heading into the
[16:54]
disruption with the gap and
[16:56]
shortage of food, it is an
[16:57]
incredible blow to the system
[16:59]
and people that are hungry.
[17:08]
>> we thank you and I think we
[17:11]
have unanimous direction and we
[17:13]
will continue to get this
[17:14]
problem fixed as soon as
[17:15]
possible so people can get out
[17:16]
of the situation.
[17:17]
We appreciate everything you and
[17:18]
your organization do.
[17:22]
>> that's amazing.
[17:34]
Thank you.
[17:36]
>> so council action and support
[17:39]
and speaking of advocacy, there
[17:41]
was a letter on the public lands
[17:45]
rule for blm, an advocacy
[17:46]
organization that had a sign on
[17:50]
request to a letter opposing the
[17:51]
recision of this pretty
[17:53]
important rule that protects our
[17:54]
public lands.
[17:56]
I just wanted to make sure
[17:58]
council was okay with signing it
[17:59]
on our behalf.
[18:03]
It is due next week.
[18:03]
Okay.
[18:05]
And then we have some
[18:05]
appointments.
[18:10]
I don't know one of our M.P.O
[18:12]
folks, do you want to explain
[18:18]
why we're looking at some staff
[18:21]
as alternates.
[18:22]
>> transportation planning for
[18:25]
our area, the thing unique about
[18:28]
the bend mpo, it is comprised of
[18:30]
mostly the city of bend plus a
[18:33]
couple of out lying areas and in
[18:36]
our case we have a unique
[18:37]
make-up with the city oregon
[18:41]
department of transportation and
[18:42]
deschutes county is the three
[18:43]
primary members.
[18:46]
We have been in the process of
[18:49]
updating the bylaws to change
[18:53]
the make up of the parties in
[18:58]
the mpo to basically give the
[19:00]
city two full representatives,
[19:02]
odot would get one, deschutes
[19:03]
county would get one and then
[19:07]
we've been trying to find a way
[19:09]
to get east transit a full
[19:10]
voting member.
[19:12]
The reason we're asking for
[19:13]
staff alternates here, currently
[19:16]
the bylaws require at least two
[19:22]
of us in this case, councillor
[19:22]
oh
[19:23]
riley and myself to be present.
[19:26]
If two members are not present,
[19:30]
they cannot conduct business, no
[19:31]
matter how many other are
[19:33]
present unless we have staff
[19:34]
alternates.
[19:36]
In order to -- if we cannot
[19:39]
make it, we would like to have
[19:42]
the ability to ask for a city of
[19:45]
bend staff person to serve in
[19:47]
our place and so in order to do
[19:50]
that, we have identified three
[19:55]
people, ryan ryan
[19:57]
brian rankin,
[19:57]
david abbas and janet hruby.
[19:59]
I think they would be able to
[20:01]
step in and represent the city
[20:02]
in order to conduct business in
[20:04]
the case one of us is absent.
[20:05]
>> okay.
[20:07]
Anyone have issues with that?
[20:08]
Trying to make sure they can
[20:10]
meet and do their business.
[20:12]
I think we'll -- do we need a
[20:15]
motion to approve the
[20:15]
appointments?
[20:16]
>> yes.
[20:16]
>> okay.
[20:17]
Someone make a motion.
[20:19]
>> I move the appointment of
[20:22]
brian rankin, david abbas and
[20:25]
janet hruby as alternates to the
[20:27]
bend metropolitan planning
[20:30]
organization policy board.
[20:32]
>> second.
[20:34]
>> all right.
[20:37]
All in favor?
[20:37]
Okay.
[20:38]
Great.
[20:38]
Okay.
[20:40]
So we are going to move into
[20:42]
council action and reports and
[20:45]
we have a couple of schedule
[20:45]
requests.
[20:47]
This is the first meeting of the
[20:47]
month.
[20:51]
We'll get with those and start
[20:52]
with yours council member riley.
[20:54]
>> I'm asking the council to
[20:58]
take back up the question about
[20:59]
whether or not -- just not
[21:02]
quite a year ago, it will be a
[21:04]
year in DECEMBER, that we had a
[21:06]
discussion about whether or not
[21:09]
we should apply the
[21:09]
concentration limits for short
[21:12]
term rentals that apply to the
[21:16]
underlining residential zone to
[21:18]
the cn zone, the neighborhood
[21:20]
commercial zone.
[21:23]
It is grandfathered zone in the
[21:25]
books for three properties in
[21:27]
the old towne community and done
[21:29]
away with in 2006.
[21:31]
If I understood it, I rewatched
[21:32]
the recording today.
[21:35]
It came to us with a code update
[21:36]
package with the recommendation
[21:39]
to amend the code that way so
[21:42]
the underlining concentration
[21:44]
limits would apply under the
[21:46]
current rules, they do not apply
[21:48]
to the three properties.
[21:50]
My pitch to all of you, a year
[21:52]
ago what happened is that was
[21:54]
the night we were dealing with
[21:57]
the one time expansion of the
[21:59]
ugb and south end of the
[22:00]
community and making this
[22:02]
decision after 11:00 at night.
[22:05]
We were all pretty exhausted and
[22:07]
tired and I don't think we were
[22:08]
thinking particularly clearly.
[22:10]
We basically said let's table it
[22:12]
and there was a motion to table
[22:12]
it.
[22:13]
I do think it is something we
[22:14]
should finish.
[22:17]
It is a piece of unfinished
[22:18]
business and said we would come
[22:19]
back a year ago.
[22:20]
I would like to come back and
[22:22]
finish the discussion.
[22:25]
I'm not advocating for any
[22:26]
resolution tonight, just trying
[22:30]
to get it back on the agenda to
[22:30]
make a formal decision about
[22:35]
what was presented to us by the
[22:42]
planning commission.
[22:43]
>> thoughts?
[22:45]
>> I have a question.
[22:47]
I was just curious why -- I
[22:50]
understand it was a legacy zone
[22:52]
in this one neighborhood, but I
[22:56]
think the idea was to retain
[22:59]
neighborhood commercial.
[23:02]
There are other commercial
[23:03]
convenience and commercial
[23:05]
general, which encourage the
[23:10]
same type of mixed use
[23:11]
development on these properties.
[23:13]
I'm curious why we're just
[23:15]
focusing on these and this zone
[23:17]
and not looking at all of the
[23:19]
commercial zones the allow
[23:19]
residential uses.
[23:23]
It is happening in other zones
[23:25]
where developers are using the
[23:27]
middle housing code to build
[23:29]
housing units and converting to
[23:30]
short term rentals.
[23:33]
We're seeing sort of loss of
[23:34]
neighborhood character and
[23:36]
intention we kind of set up with
[23:36]
that zone.
[23:39]
I don't know -- I know this is
[23:42]
not a time for deliberation, so
[23:45]
I don't mean to derail -- the
[23:47]
request but I just want to make
[23:49]
sure we're not making -- I
[23:54]
don't know, a one-off action and
[23:57]
that we're looking at this from
[23:58]
a policy perspective.
[24:01]
>> I hear councillor riley
[24:02]
asking about neighborhood
[24:06]
commercial in relation to short
[24:10]
term rentals and council member
[24:12]
franzosa asking more broadly.
[24:14]
Is the request specific to
[24:15]
neighborhood commercial or short
[24:17]
term rental?
[24:19]
>> my intention tonight was for
[24:21]
these three properties and piece
[24:24]
of business we didn't finish.
[24:26]
I get the point about looking at
[24:35]
it more broadly.
[24:36]
There's an example where they
[24:39]
came in middle housing in the
[24:41]
commercial zone and housing and
[24:43]
now they're being rented as
[24:45]
short term rentals and not
[24:46]
contributing to help meet the
[24:48]
housing need in the community.
[24:50]
I think it is a larger policy
[24:50]
question.
[24:53]
You know, this is a little
[24:54]
different issue here with people
[24:58]
wanting to have the same set of
[25:00]
rules for their zone applied, so
[25:03]
it's not exactly the same issue.
[25:07]
But I think this is a piece of
[25:08]
unfinished business.
[25:10]
My main concern if we mix these
[25:12]
together, what does it do in
[25:13]
terms of delay of discussion.
[25:15]
I would like to get it resolved
[25:16]
relatively quickly.
[25:19]
We said we were going to resolve
[25:22]
it 11 months ago.
[25:24]
>> so, would the process be we
[25:27]
would basically start from zero
[25:28]
on the three properties, notice,
[25:30]
planning commission, that whole
[25:30]
--
[25:31]
>> I think so.
[25:35]
What I'm sort of hearing council
[25:37]
discussion is was the scope of a
[25:39]
work session.
[25:39]
>> that was well.
[25:41]
>> just to go back to your
[25:43]
question, I think our intention
[25:45]
would be just to couple this
[25:46]
with the next housing package in
[25:48]
the spring.
[25:50]
We have to notice for all sorts
[25:51]
of other things we would do
[25:53]
related to housing.
[25:56]
We would just put this on, so it
[25:57]
would be efficient to have that.
[26:00]
If you wanted to have a broader
[26:00]
policy conversation about the
[26:03]
scope of that, we would need to
[26:04]
do it sooner rather than later
[26:05]
to decide if we're going to
[26:10]
include it in the package or
[26:10]
not.
[26:13]
>> and the proposal for the
[26:15]
neighborhood commercial zone,
[26:16]
the three properties is short
[26:18]
term rental rules written today
[26:19]
would apply to them.
[26:22]
>> they are currently exempt
[26:23]
from the rules.
[26:26]
There's no concentration limits.
[26:28]
There's no guidance other than
[26:29]
you can do whatever you want.
[26:32]
>> in the discussion last year
[26:34]
was around is that the right way
[26:35]
to do that.
[26:37]
I want to be really transparent,
[26:38]
we received a neighborhood
[26:40]
petition from neighbors who are
[26:41]
looking at a specific
[26:43]
development they are looking to
[26:46]
not allow to do short term
[26:47]
rentals and I expressed last
[26:50]
year and again, worry about
[26:51]
legislating from one property
[26:53]
that people are opposing
[26:54]
development on.
[26:56]
I'm supportive of the first
[26:58]
thing eric said, adding this to
[27:00]
the housing code package in the
[27:02]
spring and I'm not saying which
[27:03]
way we're going to vote but it
[27:06]
is fair to put it back in and
[27:06]
finish the discussion and decide
[27:08]
what we want to do.
[27:09]
>> that's fine.
[27:11]
That's how we would do this,
[27:11]
right?
[27:13]
We have to do the notice and go
[27:15]
back through the planning
[27:16]
commission.
[27:18]
>> that work is already done.
[27:20]
But if you want to change the
[27:22]
scope, we would need another
[27:23]
work session.
[27:25]
>> I'm not interested right now
[27:27]
in scheduling a larger work
[27:27]
session around this.
[27:29]
I think this is hanging out
[27:32]
there, let's finish the
[27:33]
discussion and maybe a jumping
[27:37]
point to the next discussion.
[27:39]
>> I'm not interested in
[27:41]
redesigning the short term
[27:43]
rental policy we have.
[27:45]
I'm just interested in it
[27:47]
applying to all zones that allow
[27:48]
residential uses.
[27:52]
>> I think that's a larger
[27:54]
conversation though than -- we
[27:55]
would need to have more research
[27:57]
and more ideas on the impact of
[27:59]
that for property owners.
[28:01]
>> I'm hearing two questions.
[28:05]
Does the majority of council
[28:08]
want that one legislative change
[28:11]
for that limited amount of
[28:12]
properties to come back and then
[28:14]
maybe also interest in a work
[28:18]
session on the broader policy
[28:18]
question.
[28:20]
>> can we answer the first
[28:20]
question first?
[28:24]
Just to put it in the code
[28:27]
package in the spring.
[28:29]
>> I don't see it as a bigger
[28:30]
policy discussion.
[28:33]
It is residential allowed in
[28:34]
commercial zones.
[28:36]
It is yes or no.
[28:37]
Why are we picking.
[28:39]
>> it sounds like we have a
[28:41]
majority to move forward.
[28:43]
>> to the second question.
[28:45]
>> councillor franzosa, maybe it
[28:47]
is not big or broad, but it is
[28:48]
different.
[28:59]
That was the point.
[29:01]
>> that topic is work session
[29:02]
worthy.
[29:03]
I think we need a work session
[29:05]
on that and then direction from
[29:05]
council.
[29:07]
>> yeah, we didn't have a
[29:08]
request to make that work
[29:09]
session request today.
[29:12]
It is jumping off of mike's --
[29:13]
I would prefer to move forward
[29:15]
with this item and then after
[29:17]
done with that code, I'm willing
[29:20]
to do a work session on the
[29:21]
other topic.
[29:22]
I wasn't prepared to really talk
[29:24]
about that further today.
[29:26]
i didn't know that was going to
[29:28]
be asked for.
[29:32]
>> maybe future work session.
[29:33]
>> okay.
[29:36]
The second one is councillor
[29:39]
franzosa interpretation of state
[29:40]
housing policies.
[29:41]
>> thank you.
[29:45]
Last year city council adopted
[29:47]
state housing loss.
[29:49]
We're seeing these code
[29:51]
revisions are having unintended
[29:54]
consequence, the loss of land
[29:54]
for neighborhood commercial
[29:56]
space, which is resulting in
[29:57]
residential only development.
[29:59]
And so I want to be clear, we
[30:01]
were just talking about the
[30:04]
neighborhood commercial zone,
[30:06]
this is -- little c
[30:08]
neighborhood commercial space, a
[30:09]
variety of commercial zones that
[30:10]
allow for mixed use.
[30:12]
But now we're seeing residential
[30:18]
only development in the lands,
[30:19]
so this loss of neighborhood
[30:21]
commercial space will make it
[30:24]
challenging if not impossible to
[30:29]
achieve our goal for complete
[30:30]
communities and even climate
[30:31]
friendly areas.
[30:33]
My request is a work session to
[30:35]
discuss and grapple with the
[30:37]
competing factors of complete
[30:39]
communities and affordable
[30:40]
housing.
[30:41]
I envision this discussion, what
[30:44]
does that mean to me?
[30:46]
It could include options for
[30:48]
council to take action, such as
[30:51]
further tweaks to the code
[30:53]
language or advocacy for policy
[30:55]
change at the state level.
[30:57]
Basically, I would be asking
[30:59]
that staff present some ideas
[31:00]
that they MAY have with the
[31:03]
ultimate goal of affording every
[31:05]
resident in bend regardless of
[31:06]
income, housing and convenience
[31:09]
of basic services within a
[31:12]
reasonable walk, bike or ride
[31:12]
within their home.
[31:14]
I hope it can be scheduled at
[31:17]
the earliest possible date due
[31:20]
to the housing crisis and loss
[31:21]
of commercial neighborhood land
[31:22]
I have seen.
[31:24]
>> I have a follow-up question.
[31:26]
That is a broader conversation
[31:28]
than I think the narrow
[31:29]
interpretation of a couple of
[31:30]
statutes you said.
[31:34]
I was looking for the statute in
[31:37]
the development code and never
[31:38]
quite got the cite.
[31:41]
Are you asking us to zero in on
[31:47]
how staff interpreted state law
[31:49]
into code or a bigger
[31:49]
discussion.
[31:52]
How narrow are you -- your
[31:53]
request is narrow but hearing a
[31:54]
bit more tonight.
[31:56]
>> I don't know that my request
[31:57]
was that narrow.
[32:01]
I think I used exactly these
[32:03]
words about losing commercial to
[32:04]
affordable housing and being
[32:08]
sort of unintended consequences
[32:09]
and competing interest there and
[32:13]
our goals being pitted against
[32:14]
each other.
[32:16]
I am not an attorney.
[32:17]
I don't know.
[32:19]
I think I can read the words
[32:21]
though of the state statute and
[32:23]
the words of the code and
[32:25]
they're not the same.
[32:26]
Would an attorney agree or
[32:28]
disagree, I don't know.
[32:29]
That's why I would like staff to
[32:33]
sort of present the options,
[32:34]
including the code language
[32:37]
matter but maybe some other
[32:39]
options so we don't lose more
[32:40]
neighborhood commercial.
[32:43]
I think that's the concern which
[32:44]
we have sort of heard about from
[32:45]
our community.
[32:47]
>> I share that concern and I
[32:49]
think it's a bigger
[32:49]
conversation.
[32:52]
Eric, can you tell us how that
[32:55]
bigger conversation fits into
[32:56]
what we're doing?
[32:59]
>> there is a strategy and
[33:00]
action around complete
[33:00]
communities.
[33:01]
I think one of the things we
[33:07]
have been talking about,
[33:09]
feasibility study to look at how
[33:11]
we can support the -- how the
[33:13]
market can support neighborhood
[33:14]
commercial and our growth plan
[33:16]
to really look at that code and
[33:18]
look to see if there's barriers
[33:20]
or other things we can do from a
[33:22]
code perspective.
[33:25]
I think more of a nuances of
[33:26]
intersection of state law and
[33:28]
our code, that is something
[33:30]
probably a little more -- that
[33:32]
is a little more nuanced and
[33:35]
maybe where we can start but it
[33:37]
can grow into the other items
[33:38]
that are council goal related.
[33:40]
>> I'm fine with that, if we
[33:42]
just focus on the difference
[33:43]
between the statute and the
[33:43]
code.
[33:45]
>> I think we need to talk about
[33:46]
that.
[33:48]
I have a follow-up on what you
[33:49]
have brought up tonight I wanted
[33:51]
to ask about that is not a work
[33:53]
session request but I have a
[33:54]
meeting with the state
[33:56]
deligation on friday.
[33:58]
I would like if council would
[33:59]
allow me to start talking about
[34:00]
it with them.
[34:02]
What I would like to do is say
[34:03]
here's what's happening on the
[34:05]
ground and they have sort of
[34:07]
heard about this and start to
[34:09]
think about this state law and
[34:11]
our ability to plan and how is
[34:12]
that going to work going
[34:15]
forward, if we're going to have
[34:16]
laws that are passed that
[34:17]
override zoning.
[34:19]
if council is okay with me
[34:20]
starting that conversation with
[34:22]
the deligation, there could be
[34:23]
an opportunity upcoming and I
[34:25]
want to move quickly on that.
[34:27]
I'm not going to take a position
[34:29]
on anything and they MAY have
[34:31]
ideas on solutions around that.
[34:33]
But if that's okay, I would like
[34:36]
to do that friday to get the
[34:37]
ball rolling.
[34:38]
>> yeah, I support that.
[34:39]
>> for sure.
[34:42]
>> I think from my perspective,
[34:45]
I do think we have been hearing
[34:47]
about this now for a while from
[34:48]
different parts of the community
[34:50]
in the north and south.
[34:53]
I'm not sure I agree that the
[34:56]
wildflower is exactly the same
[34:57]
issue going on.
[35:00]
We made the decision to reduce
[35:02]
that commercial -- it was
[35:06]
pretty straightforward on that
[35:06]
one.
[35:07]
Unless there's something else
[35:09]
going on I don't know about yet.
[35:11]
There's a valid concern about we
[35:13]
have these nice plans on the
[35:15]
books but if some of the land is
[35:18]
going to get eaten up in the
[35:21]
short to medium term while we
[35:25]
wait to have enough households
[35:26]
to support the complete
[35:28]
community and then we can no
[35:29]
longer provide it because
[35:31]
there's not space to do it, we
[35:32]
can't deliver on the promise.
[35:35]
I think that tension is a really
[35:35]
important tension that the
[35:37]
council should explore.
[35:39]
And that's -- for that reason,
[35:41]
I support what councillor
[35:42]
franzosa is asking for.
[35:45]
I think it's the policy question
[35:47]
I'm most interested in.
[35:49]
Part of it is, is there a fix to
[35:50]
the state law.
[35:52]
Do we need to think about
[35:54]
tweaking our code slightly.
[35:55]
is there something we have
[35:58]
authority to do in the interim
[36:02]
short of state law being
[36:02]
changed.
[36:04]
I'm not sure when I heard when
[36:05]
we might get to that.
[36:07]
I think the policy discussion is
[36:07]
valid.
[36:10]
Even if the answers are maybe
[36:11]
not what everybody wants to hear
[36:14]
or what I want to hear, we need
[36:16]
to explore it and communicate it
[36:19]
to the community.
[36:19]
>> yeah.
[36:22]
>> just in terms of framing that
[36:25]
work session, to look at our
[36:26]
development code state law and
[36:28]
see if there's room for any type
[36:30]
of changes there and see how
[36:31]
possible that is.
[36:33]
I know he's done a much deeper
[36:34]
dive.
[36:37]
>> yeah, I will say my
[36:39]
perspective is that the changes
[36:43]
that council adopted late last
[36:51]
year to implement sb8 and house
[36:51]
bill 3395, the language from
[36:55]
those bills is incorporated
[36:56]
pretty directly in our code.
[36:59]
The sb8 says land zone for
[37:02]
commercial uses can qualify for
[37:02]
affordable housing.
[37:05]
We had to wrestle with what that
[37:07]
means and we have some new
[37:08]
terms.
[37:10]
But I think we have incorporated
[37:13]
the requirements of the two
[37:15]
bills pretty directly and
[37:17]
squarely within code.
[37:18]
If council is asking can we hear
[37:21]
more about that and see if
[37:22]
there's any room to make changes
[37:27]
to sort of make sure we're not
[37:28]
deprioritizing the goal and
[37:30]
other things we could advocate
[37:31]
for, I think there's something
[37:33]
to talk about.
[37:36]
I want to set expectations.
[37:40]
Sb8 is pretty straightforward.
[37:43]
I think.
[37:46]
hb3395 creates a different path
[37:47]
for affordable housing and
[37:50]
fairly straightforward and
[37:51]
requirements are taken almost
[38:09]
whole into the code.
[38:11]
>> I recall the conversations
[38:14]
and the legislature chooses
[38:16]
different definitions of
[38:17]
affordable housing when they
[38:18]
pass a bill.
[38:19]
I'm less interested in that than
[38:21]
the bigger policy conversation
[38:24]
on how are we supposed to plan
[38:25]
for neighborhood commercial
[38:26]
given state law and given how
[38:28]
things are playing out in bend
[38:29]
right now.
[38:30]
I think as long as we have the
[38:32]
space to talk about that and the
[38:33]
community can understand that.
[38:36]
If we get into code stuff, I
[38:38]
don't want to get too deep into
[38:39]
that without losing the bigger
[38:40]
picture in the work session.
[38:43]
>> I watched the session, the
[38:44]
council session from 2024 where
[38:47]
the code was adopted and there
[38:49]
was not any deliberation --
[38:51]
there was deliberation on income
[38:53]
qualified but that's not what I
[38:54]
think are the different word
[38:59]
choices from the state statute
[39:00]
and local code.
[39:02]
I'm concerned we're sort of
[39:05]
leaving an issue unaddressed
[39:07]
that is having an impact on the
[39:07]
community today.
[39:09]
>> I think there's support here
[39:10]
to have the conversation.
[39:12]
I think we're trying to frame
[39:13]
the scope right now.
[39:15]
>> yeah.
[39:17]
I would say there are
[39:18]
opportunities that we should
[39:19]
look at.
[39:23]
I'm not questioning what we did
[39:24]
was aligned with state law.
[39:27]
It was pretty clear at the time
[39:28]
it was.
[39:31]
Can we retain the alignment with
[39:32]
state law and consider other
[39:34]
options that support us moving
[39:38]
and ensuring we continue to move
[39:45]
in a complete direction.
[39:48]
Are there other ways that we can
[39:49]
get that outcome.
[39:52]
>> I'm wondering if this work
[39:54]
session idea or scoping there of
[39:56]
is maybe informed by the
[39:57]
discussion the mayor might be
[39:58]
having.
[39:59]
I want to make sure --
[40:02]
>> that's a good point.
[40:04]
I wonder if we could -- I think
[40:06]
there's support for a
[40:07]
conversation here, either work
[40:10]
session next week, maybe finish
[40:10]
this conversation after maybe
[40:12]
eric you look at the work plan
[40:16]
and what's upcoming to see when
[40:20]
it will fit in.
[40:20]
And I can bring the information
[40:22]
from the deligation, if they say
[40:24]
this law is not going to be
[40:25]
touched, forget it.
[40:27]
Or if they say there's an
[40:28]
opportunity to amend, that might
[40:30]
be part of the conversation as
[40:31]
well.
[40:32]
Does that fit with what you were
[40:33]
talking about?
[40:35]
There's support for the work
[40:37]
session, it is figuring out when
[40:38]
and how to have the
[40:38]
conversation.
[40:40]
>> let me look at the schedule.
[40:43]
We might be able to fit it in.
[40:44]
There are already items related
[40:45]
to council goals.
[40:47]
Maybe we can group it together.
[40:50]
I just don't have that -- let
[40:51]
me --
[40:53]
>> by next week you can bring it
[40:54]
to us?
[40:55]
>> that's fine.
[40:59]
>> does that work?
[41:04]
Okay.
[41:05]
Okay.
[41:08]
Who is echoing again?
[41:08]
Eric.
[41:08]
okay.
[41:09]
All right.
[41:10]
That was the last of the
[41:12]
schedule requests.
[41:23]
Thank you for the conversation.
[41:25]
Councillor, kick us off with the
[41:25]
report.
[41:28]
>> I did a ride along with the
[41:29]
officer to see and learn about
[41:33]
the issues he's dealing with and
[41:35]
trying to keep our folks living
[41:37]
homeless on the streets safe and
[41:39]
the folks who need to use the
[41:39]
streets safe.
[41:42]
I attended the old bend
[41:42]
neighborhood party.
[41:45]
They put the block trailer to
[41:46]
great use and it was very fun.
[41:51]
I attended central oregon
[41:57]
caucuses business summit in
[41:59]
redman and heard about a lot of
[42:01]
job losses and underscored the
[42:04]
work we take as a city.
[42:07]
Public contract subcommittee met
[42:10]
and had a great discussion about
[42:12]
keeping competition open and the
[42:13]
methods we choose for the major
[42:25]
public contracts coming up.
[42:27]
Building of better bend lecture
[42:29]
on community micro grids.
[42:31]
Thank you to those who put the
[42:31]
lectures on.
[42:34]
The city is a sponsor of those.
[42:37]
Today I met with ben duncan, a
[42:39]
consultant helping the city to
[42:40]
assess the equity goals and
[42:42]
align with the work the city
[42:43]
does and it was a wonderful
[42:44]
discussion and I'm excited to
[42:46]
see what he recommends for us.
[42:50]
And finally, I attended barry
[42:52]
washington memorial unveiling
[42:55]
and that was -- there was
[42:57]
incredible community outpouring
[42:59]
of support for his family and
[43:03]
seemed to mean a lot to them for
[43:04]
us to all show up.
[43:05]
That's it.
[43:09]
>> we did have a long break.
[43:11]
An extra week.
[43:14]
>> bend metropolitan planning
[43:15]
organization met on
[43:15]
OCTOBER 17th.
[43:17]
One of the thing es
[43:19]
s we discussed,
[43:23]
we had some challenges relating
[43:25]
to an agreement with the oregon
[43:26]
department of transportation
[43:29]
about whether or not a new iga
[43:33]
is necessary, a new
[43:34]
intergovernmental agreement is
[43:36]
necessary for the bylaws we
[43:37]
implemented over half a year
[43:37]
ago.
[43:39]
We decided to move forward with
[43:41]
the bylaw updates to the
[43:43]
greatest extent we can without
[43:45]
an update to the agreement.
[43:47]
So this essentially means the
[43:50]
recommendation will be to have a
[43:51]
four member policy board, two
[43:54]
members from the city, one
[43:56]
member from deschutes county,
[44:03]
one from oregon department of
[44:04]
transportation.
[44:06]
City of bend accessibility
[44:07]
advisory committee met
[44:08]
OCTOBER 23rdrd.
[44:11]
One of the things we heard was
[44:14]
an extensive account of one
[44:16]
community member's experience
[44:18]
navigating our city while blind.
[44:20]
It was pretty eye opening to
[44:22]
hear about some of the
[44:23]
challenges, especially around
[44:25]
navigating things like
[44:26]
roundabouts and the importance
[44:29]
of making our city accessible to
[44:32]
people with different abilities.
[44:35]
So, it was moving to hear about
[44:37]
and I hope we'll have an
[44:38]
opportunity to take action on
[44:41]
some of these items as we move
[44:41]
forward.
[44:45]
On friday, the oregon
[44:46]
metropolitan planning
[44:47]
organization met and the one
[44:49]
thing I wanted to highlight from
[44:50]
the conversation is to my
[44:53]
knowledge, the governor has not
[44:55]
yet signed the transportation
[44:57]
package the legislature passed.
[45:00]
One of the things people have
[45:03]
said she MAY be waiting on is
[45:06]
when she signs that, the
[45:09]
signature gathering effort to
[45:10]
potentially pass a referendum on
[45:12]
the package begins.
[45:14]
And one thing that I wanted to
[45:17]
make sure people are aware of is
[45:21]
depending on what is in that
[45:26]
referendum, if it is just the --
[45:28]
depending on what focus on
[45:31]
revenue gathering it is, it MAY
[45:33]
be that all the new funding for
[45:37]
things like transit or safety
[45:39]
initiatives or maintenance,
[45:41]
depending on what is in the
[45:42]
referendum
[45:45]
referendum, all of that gets put
[45:47]
on pause until NOVEMBER 2026.
[45:49]
Right now we would expect to get
[45:51]
new transit funding as early as
[45:51]
JUNE.
[45:53]
If the signature gathering
[45:54]
effort is successful, none of
[45:58]
that happens and everything is
[45:59]
put on pause.
[46:00]
If you are thinking about
[46:02]
signing to put it on the ballot,
[46:04]
the real consequence is all of
[46:06]
the funding in the case of
[46:09]
transit is only two years of
[46:10]
additional funding anyway gets
[46:11]
put on pause.
[46:16]
And there were a couple of other
[46:17]
items.
[46:25]
Reid market had a big turnout on
[46:28]
-- last monday.
[46:30]
Lots of interest in the market
[46:33]
and great to see the turnout and
[46:35]
a lot of city staff there from
[46:37]
multiple departments.
[46:37]
Thank you.
[46:39]
>> all right.
[46:39]
Councillor riley.
[46:42]
>> I was mostly out of town for
[46:44]
the last couple of weeks.
[46:46]
Before I left, I attended the
[46:48]
open house for the new state
[46:51]
parking program, mountain view
[46:52]
community development is
[46:54]
bringing online up on the north
[46:55]
end of town.
[46:58]
It was great to see one more
[47:00]
place to have I believe there's
[47:03]
five or six -- five units there
[47:05]
that can house some people that
[47:07]
need that and help them
[47:09]
transition into more permanent
[47:11]
housing in the community and
[47:12]
really appreciate their work
[47:13]
they're doing to make the sites
[47:15]
available in our community.
[47:18]
That's it.
[47:20]
>> okay.
[47:21]
Councillor norris.
[47:22]
>> we had family from out of
[47:26]
town, I attended the parkside
[47:27]
place legislative tour.
[47:30]
We had the governor visit and
[47:31]
other state legislators.
[47:34]
It was a great event.
[47:38]
It was a really good example of
[47:40]
a project public-private that
[47:43]
has a good amount of affordable
[47:45]
housing and great to see
[47:48]
buildings out there going
[47:48]
vertical.
[47:50]
And it was really well attended.
[47:54]
I know there was a tour after I
[48:00]
couldn't participate in.
[48:02]
>> councillor platt.
[48:05]
>> thank you for carpooling with
[48:05]
me.
[48:06]
>> in an electric vehicle.
[48:08]
That was great.
[48:10]
>> what they're doing there --
[48:11]
>> that green shirt on.
[48:13]
>> it is really impressive.
[48:15]
I'm just so thankful for what
[48:18]
they're doing.
[48:20]
Interestingly given the state of
[48:22]
our flying right now, eric king
[48:26]
and I had a chance to do a ride
[48:28]
in our local air space here from
[48:29]
our airport.
[48:32]
Tracy williams set that up for
[48:32]
us.
[48:35]
Somebody who has done a little
[48:38]
bit of this in my background, I
[48:41]
was impressed with some things
[48:43]
like fixed wing patterns.
[48:45]
Sort of innovative.
[48:46]
They have them on opposite sides
[48:49]
0 of the airport and that's the
[48:51]
kind of thing that matters when
[48:53]
aircraft are flying in the same
[48:54]
piece of sky.
[48:56]
We used to say it is a big sky
[48:58]
out there, but when everybody is
[48:59]
come together the same place to
[49:18]
land, it gets small quickly.
[49:21]
I'm thankful they're mindful of
[49:25]
those kind of conflict points.
[49:27]
And then also the memorial
[49:27]
dedication.
[49:28]
That was great.
[49:30]
And one other thing I really
[49:33]
enjoyed being a part of, with
[49:35]
the bend schools and oregon
[49:37]
department of education, I got a
[49:40]
chance to go call families.
[49:43]
And compliment them for their
[49:46]
students really improving their
[49:47]
attendance to school.
[49:49]
We wrote post cards and called
[49:49]
families.
[49:52]
And it is just really neat to
[49:54]
have families say, oh my
[49:55]
goodness why are you calling and
[49:57]
then say it is a good thing.
[49:59]
And thank you for what they're
[50:01]
doing to get your student and
[50:03]
learner to the classroom every
[50:05]
day because it does matter.
[50:06]
That was another great thing to
[50:08]
be a part of.
[50:08]
Thanks.
[50:09]
>> thanks.
[50:12]
Yes, I was on the tour with the
[50:14]
governor who came and toured a
[50:15]
couple of places that we have
[50:17]
been working on as council to
[50:22]
provide more housing for the
[50:22]
community.
[50:26]
Good conversations with
[50:27]
legislators and talked about
[50:29]
expansion in the thick of right
[50:29]
now.
[50:30]
and how they're trying to
[50:32]
provide more housing.
[50:34]
We're grateful for the governor
[50:35]
and legislators who came to
[50:37]
visit in bend.
[50:39]
And looking to bend as a leader
[50:41]
in this area and hoping to
[50:42]
continue the good work across
[50:43]
the state to help with the
[50:44]
housing crisis.
[50:46]
I also attended and spoke
[50:49]
briefly at the barry washington
[50:49]
memorial dedication.
[50:51]
It was great to have the family
[50:54]
here and good moment for them to
[50:56]
see the realization of the
[50:59]
permanent memorial.
[51:01]
There's been an informal
[51:03]
memorial there since barry was
[51:03]
killed.
[51:06]
I'm proud this was a process led
[51:08]
by the family with the help of
[51:11]
community advocates and some of
[51:13]
our staff that were very
[51:14]
involved, including our mobility
[51:16]
department staff and getting
[51:19]
this installed in the
[51:19]
right-of-way.
[51:21]
I want to thank kathy as well at
[51:23]
the city for all of her work
[51:24]
with the family to make this
[51:25]
happen.
[51:27]
It was meaningful to them and
[51:29]
how many people showed up to the
[51:29]
event.
[51:32]
I went on the ride along with
[51:33]
code enforcement.
[51:34]
I recommend everyone do that.
[51:36]
It is eye opening on how our
[51:39]
code is working and what
[51:41]
resources are needed to enforce
[51:42]
it and how people are
[51:44]
experiencing homelessness on our
[51:45]
streets.
[51:47]
Unfortunately still in bend.
[51:49]
I think I have been continuing
[51:51]
to meet weekly on the district
[51:52]
mapping advisory committee for
[51:53]
the county.
[51:54]
We had a meeting today.
[51:56]
i advised people to please pay
[51:57]
attention to that.
[51:59]
We are approaching referring a
[52:01]
map to the commissioners by the
[52:02]
end of the month.
[52:04]
We are meeting weekly but meet
[52:05]
in the middle of the day and not
[52:08]
seeing a lot of folks give input
[52:10]
I think because of the meeting
[52:10]
time.
[52:13]
If folks have input, please
[52:14]
e-mail and let us know.
[52:17]
And then finally I'll highlight
[52:20]
that mayor pro tem perkins and I
[52:22]
got to visit a local small
[52:24]
business born and grown here in
[52:27]
bend and it was great to talk
[52:29]
with the business owner and
[52:30]
employees about their business
[52:33]
and how they have received
[52:35]
assistance through grants and
[52:38]
trying to grow and provide a
[52:40]
really robust living wage for
[52:40]
employees.
[52:42]
And we spoke to employees about
[52:43]
cost of living and
[52:44]
transportation and all the
[52:48]
issues that our workforce is
[52:56]
seeing here.
[52:56]
Is
[52:57]
thank you for the reports and
[52:58]
we're going to move into the
[52:59]
visitors section.
[53:01]
This is time for members of the
[53:02]
public to offer public comment
[53:03]
to the city.
[53:05]
We have in person commenters and
[53:07]
I think one person online and a
[53:07]
couple more here.
[53:10]
If you are here to talk about
[53:12]
item 5 which is a public
[53:14]
hearing, I'm going to set your
[53:15]
note aside and we're going to
[53:16]
call you then.
[53:18]
That includes folks online, if
[53:20]
you're signed up for item 5.
[53:25]
You will not be called right
[53:26]
now.
[53:28]
We are going to have folks come
[53:30]
up to in person come up to the
[53:31]
table, state your name and if
[53:34]
you live in the city of bend.
[53:35]
You will have two minutes to
[53:36]
speak.
[53:38]
Ashley is getting the super cool
[53:39]
timer up.
[53:41]
Make sure you look over, the
[53:43]
little light will turn yellow
[53:44]
when you have 30 seconds and
[53:46]
then I will ask you to wrap up
[53:49]
to give everyone time to speak
[53:49]
tonight.
[53:51]
Please address us as a body and
[53:54]
not as individuals.
[53:56]
Please no disruptive language
[53:57]
that will disrupt the meeting.
[53:59]
If you are breaking the rules
[54:00]
for public comment, I'll let you
[54:02]
know and ask you to stop.
[54:05]
If you can't stop, I MAY take
[54:06]
away from your time or ask you
[54:08]
to leave.
[54:12]
Let's start with jim elliott.
[54:42]
Come on up.
[54:44]
>> hello councillors.
[54:47]
I've lived in bend for 23 years.
[54:50]
I was here two years ago, I'm
[54:51]
sure you remember because I
[54:55]
brought this photo of my son.
[54:56]
Now, come on.
[54:59]
I'm not going to do that again.
[55:02]
Adam who was killed on his bike
[55:05]
in brooklyn in MAY 1st of 2023.
[55:07]
It was two years ago when I
[55:09]
appeared before you because I
[55:12]
came here to ask you if you keep
[55:15]
him in mind and other bikers and
[55:17]
pedestrians as you use the
[55:21]
transportation bond money.
[55:22]
I'm here today to thank you
[55:23]
because wow, there's been
[55:25]
changes made to the positive
[55:27]
that I know it's not easy
[55:29]
because motor vehicle drivers
[55:31]
I'm sure are saying what are you
[55:33]
doing out there with these new
[55:35]
bike lanes and changes in the
[55:36]
intersections.
[55:37]
But it is so important.
[55:40]
The other reason I'm here is
[55:42]
what jim is going to speak to,
[55:46]
the world day of remembrance in
[55:48]
which we think about our loved
[55:51]
ones and citizens who have been
[55:54]
killed on our streets.
[55:59]
Jim, go ahead.
[56:01]
Thank you.
[56:04]
>> I'm a resident of bend.
[56:06]
Thank you for the opportunity to
[56:08]
speak about the world day of
[56:10]
remembrance for road traffic
[56:10]
victims.
[56:12]
On NOVEMBER 16th people and
[56:13]
cities around the globe will
[56:15]
pause to remember the nearly
[56:18]
1.2 million people who have lost
[56:20]
their lives and nearly 30
[56:23]
million people injured due to
[56:27]
road traffic crashes in the past
[56:27]
year.
[56:29]
This terrible toll affects the
[56:31]
families and friends of the
[56:32]
victims and those that provide
[56:33]
the emergency services and care
[56:35]
to them.
[56:36]
We cannot ignore this
[56:38]
unnecessary violence any longer.
[56:39]
Bend is not immune.
[56:42]
We've had over 600 traffic
[56:44]
crashes in the first 10 months
[56:47]
of the year.
[56:48]
One fatality.
[56:50]
In addition, people in the
[56:52]
community are mourning loss of
[56:55]
the loved ones in other cities.
[56:57]
Bend invites the city council
[57:00]
and community to join us at
[57:01]
11:00 A.M. On sunday
[57:02]
NOVEMBER 16th.
[57:04]
Community members will speak
[57:07]
about the loved ones they lost
[57:10]
and moment of silence and
[57:12]
followed by informal ride.
[57:13]
Please join us as we remember
[57:18]
those who have been affected by
[57:22]
road traffic violence and mrenl
[57:23]
pledge
[57:27]
to continue to keep it safer for
[57:32]
the community.
[57:35]
We're asking you to modernize
[57:37]
the standards so safe choice is
[57:39]
easy on every block.
[57:40]
Let us continue to build a city
[57:42]
that the ability to drive does
[57:45]
not determine the ability to
[57:46]
live.
[57:47]
>> thank you.
[57:50]
>> I forgot to say I'm here with
[57:52]
families for safe streets,
[57:54]
founded 12 years ago in new york
[57:56]
city but going nationwide and we
[57:59]
have a chapter here.
[58:00]
There's another citizen that
[58:02]
couldn't be here tonight, she
[58:04]
lost her brother in JULY in new
[58:04]
york.
[58:09]
>> thank you for sharing.
[58:16]
Michael baker.
[58:17]
>> good evening.
[58:21]
I'm a resident of bend for eight
[58:22]
days.
[58:25]
So -- I'm the brand new -- the
[58:28]
honor of being the new ceo for
[58:31]
boys and girls club of bend and
[58:32]
we're looking forward to getting
[58:34]
to know each of you and
[58:36]
increasing the services at the
[58:38]
boys and girls clubs.
[58:40]
I'm thrilled with the board of
[58:42]
directors that we have in place
[58:44]
and honored to be representing
[58:46]
the children that come to our
[58:46]
facilities.
[58:48]
I will tell you and you'll hear
[58:51]
me talk about it on a regular
[58:53]
basis and I'll be here on a
[58:55]
regular basis, we know the magic
[58:57]
number is 105 days.
[59:00]
If we can get a child to attend
[59:04]
boys and girls club 105 days
[59:06]
they're twice as likely to
[59:08]
graduate high school on time.
[59:09]
We'll do that here in bend as
[59:10]
well.
[59:12]
Hopefully be able to do that
[59:13]
here and recognize the children
[59:15]
that this year will have
[59:18]
attended 105 days.
[59:21]
I'm happy to report that --
[59:22]
only being here eight days,
[59:24]
pulling the most recent report,
[59:26]
we have nearly 50 children
[59:26]
-
[59:28]
qualifying for that honor.
[59:30]
And we would love to present
[59:32]
them with their gold membership
[59:33]
cards here with the mayor and
[59:34]
council.
[59:36]
So looking forward to doing
[59:37]
that.
[59:39]
Again, want to thank each of you
[59:41]
for continued support over the
[59:42]
years and encourage each of you
[59:45]
to come down and take a tour.
[59:48]
We are the best kept secret here
[59:49]
in bend.
[59:50]
Thank you for your support.
[1:00:01]
>> thank you for being here.
[1:00:02]
>> thank you mayor and members
[1:00:06]
of council for letting me speak
[1:00:06]
today.
[1:00:10]
I am a hair stylist at the salon
[1:00:16]
off of colorado avenue.
[1:00:20]
With the new development, it
[1:00:22]
seems that parking has become
[1:00:24]
very limited and I guess a lot
[1:00:27]
of our customers are having a
[1:00:31]
really hard time parking there.
[1:00:35]
It seems that I keep hearing he
[1:00:37]
said she said -- I guess I just
[1:00:40]
really want to get to the bottom
[1:00:42]
if there's a plan, if there's
[1:00:44]
going to be a parking structure
[1:00:45]
or what not.
[1:00:49]
We're all really affected by it.
[1:00:51]
I don't know if I can make it
[1:00:52]
last for two minutes.
[1:01:01]
>> you don't have to.
[1:01:03]
>> we can kind of grab you in
[1:01:03]
the hall.
[1:01:05]
>> there's a private parking lot
[1:01:07]
at the box factory.
[1:01:09]
That private owner controls but
[1:01:10]
also the public streets.
[1:01:12]
We've talked about a publicly
[1:01:15]
managed parking district for the
[1:01:15]
streets.
[1:01:17]
David can give you more
[1:01:17]
information.
[1:01:19]
He's here with the glasses.
[1:01:19]
>> okay.
[1:01:23]
There we go.
[1:01:27]
Thank you.
[1:01:34]
>> mike fanning
[1:01:36]
>> good evening.
[1:01:38]
I'm a resident of bend and I'm
[1:01:40]
here to alert you to a real
[1:01:45]
problem we have in northeast
[1:01:45]
bend with the development that
[1:01:47]
you approved as part of the
[1:01:48]
master plan.
[1:01:50]
In FEBRUARY of 2020.
[1:01:53]
Right now thousands of northeast
[1:01:55]
bend families do not have a true
[1:01:56]
neighborhood center where
[1:01:58]
community can gather, shop for
[1:02:00]
groceries, dine at restaurants.
[1:02:04]
In 2020 you approved the master
[1:02:06]
plan presented with a specific
[1:02:09]
grocery store anchored
[1:02:09]
commercial center.
[1:02:12]
You moved the urban growth
[1:02:14]
boundary for the plan and
[1:02:16]
codified it was a binding
[1:02:17]
obligation.
[1:02:18]
Access to commercial goods and
[1:02:22]
services number one on the list.
[1:02:23]
We purchased the homes trusting
[1:02:26]
the applicants would develop the
[1:02:27]
plan.
[1:02:29]
After using the markets to sell
[1:02:31]
hundreds of homes and approval
[1:02:32]
for the development, the
[1:02:34]
applicant sold the land.
[1:02:36]
The new owner has indicated his
[1:02:37]
vision is completely different
[1:02:38]
than what you approved.
[1:02:41]
In fact, the new owner wants to
[1:02:43]
divide up the 18 acre site that
[1:02:47]
was supposed to be the market in
[1:02:48]
17 separate plots sold off
[1:02:49]
separately.
[1:02:50]
This is not close to the master
[1:02:52]
plan you approved.
[1:02:54]
Since thousands of people in
[1:02:55]
northeast bend need this
[1:02:59]
commercial center, the community
[1:03:00]
alliance as well as other
[1:03:01]
homeowner associations are
[1:03:03]
asking you to exercise your
[1:03:04]
authority to pause all activity
[1:03:06]
on this piece of property which
[1:03:11]
includes pausing all permits,
[1:03:14]
any further subdivision of the
[1:03:16]
land until the master plan
[1:03:18]
compliance is adhered to.
[1:03:19]
All northeast bend residents
[1:03:23]
deserve this community.
[1:03:27]
The loss of commercial space
[1:03:28]
will rid it the character and
[1:03:30]
further the city's goal.
[1:03:33]
Part of the property is being
[1:03:34]
allocated toward low income
[1:03:35]
housing and we talked about this
[1:03:37]
earlier in the meeting.
[1:03:39]
The master plan you approved can
[1:03:41]
still be a reality but only if
[1:03:44]
we all act now.
[1:03:54]
Thank you.
[1:03:58]
>> david green.
[1:04:00]
>> good evening mayor and
[1:04:00]
councillors.
[1:04:02]
I'm a resident of bend and
[1:04:04]
representing bend bikes tonight.
[1:04:05]
We're asking the city of bend
[1:04:08]
and bend parks and recreation
[1:04:10]
district to increase the
[1:04:11]
coordination about paths through
[1:04:12]
bend.
[1:04:14]
Park and rec paths have become
[1:04:16]
an important part of the low
[1:04:18]
stress network for people
[1:04:22]
walking, biking and rolling
[1:04:22]
>>
[1:04:24]
These trails are important
[1:04:25]
transportation routes.
[1:04:27]
They're some of the most
[1:04:29]
pleasant ways and safest ways to
[1:04:32]
get across town.
[1:04:33]
There's already some really fine
[1:04:35]
coordination between the park
[1:04:36]
district and city.
[1:04:38]
The shared responsibility for
[1:04:40]
the river front street is one of
[1:04:41]
those examples.
[1:04:42]
The existing agreements for
[1:04:47]
maintenance of some of the paths
[1:04:48]
that is joint park and rec and
[1:04:50]
city is another.
[1:04:53]
there are real big problems
[1:04:54]
also.
[1:04:57]
Only e-bikes without a throttle
[1:04:59]
are allowed on park district
[1:05:00]
trails.
[1:05:02]
Differing rules between city and
[1:05:03]
park district facilities reduce
[1:05:06]
the value of the system.
[1:05:08]
For example, the bike share
[1:05:10]
bikes are all throttle based and
[1:05:15]
not allowed on the park district
[1:05:16]
trails.
[1:05:18]
Some of the trails also end at
[1:05:19]
sidewalks which creates big
[1:05:22]
questions about how ebikes can
[1:05:23]
use the trails.
[1:05:26]
Way finding needs to be
[1:05:28]
coordinated, routes that use a
[1:05:30]
combination of facilities need
[1:05:32]
to be marked so people can
[1:05:36]
easily travel the routes across
[1:05:36]
town.
[1:05:38]
People shouldn't have to
[1:05:39]
recognize the difference between
[1:05:42]
jurisdictions when they are
[1:05:44]
riding on these trails.
[1:05:46]
So we think this coordination is
[1:05:48]
needed but it is also within
[1:05:49]
sight.
[1:05:53]
We have made a similar request
[1:05:55]
to bprd and will send you a
[1:05:59]
letter in the next few days
[1:06:02]
asking for this.
[1:06:03]
Thanks and please let us know if
[1:06:05]
we can help.
[1:06:07]
>> thank you, david.
[1:06:22]
And craig sheets.
[1:06:24]
>> I've gone to every port in
[1:06:27]
california, I finished up
[1:06:28]
portland, I finished up
[1:06:28]
vancouver.
[1:06:30]
I have two left and then going
[1:06:32]
to the great lakes and you can
[1:06:34]
see what we're speaking about
[1:06:35]
here, attack on oil.
[1:06:37]
That would be to the oceans and
[1:06:39]
then devastate to the great
[1:06:40]
lakes.
[1:06:45]
Everybody back here can see
[1:06:45]
that.
[1:06:46]
containers come from other
[1:06:47]
countries and need to be
[1:06:49]
checked, they're not.
[1:06:51]
They're checking 3% of 30
[1:06:53]
million a month coming into our
[1:06:53]
country.
[1:06:55]
Here's where bend comes into
[1:06:56]
order.
[1:06:58]
These trains load up right off
[1:07:03]
the ships as you can see.
[1:07:05]
Endless trains.
[1:07:06]
L.A. Has so many it's not even
[1:07:07]
funny.
[1:07:08]
You can see it is going through
[1:07:11]
the forest along the rivers.
[1:07:18]
I know because I rode fright
[1:07:18]
eight
[1:07:20]
trains for seven years.
[1:07:21]
Starting on rivers.
[1:07:25]
As I said, the great lakes.
[1:07:29]
I will be on my way to the great
[1:07:31]
lakes.
[1:07:35]
United states has the most
[1:07:36]
deceased children from
[1:07:36]
narcotics.
[1:07:39]
We are the highest rate of
[1:07:42]
killing our kids in this country
[1:07:46]
from availability of narcotics.
[1:07:48]
And meth labs that rotate
[1:07:51]
through hills.
[1:07:53]
You have some fancy -- you
[1:07:55]
never know where it is coming
[1:07:57]
from, they rotate and take
[1:07:58]
turns.
[1:08:00]
Another good place to hide them,
[1:08:03]
out on the ocean.
[1:08:07]
And they helicopter it back in.
[1:08:09]
Appreciates you letting me
[1:08:10]
speak.
[1:08:10]
>> thank you, craig.
[1:08:13]
We have your documents up here.
[1:08:16]
>> yep.
[1:08:17]
>> thanks.
[1:08:19]
And online commenters.
[1:08:21]
They're not for item 5?
[1:08:23]
>> one is for five.
[1:08:27]
>> the one we'll do now is not
[1:09:04]
for item 5.
[1:09:05]
>> hello?
[1:09:06]
>> we can hear you.
[1:09:07]
go ahead.
[1:09:10]
>> thank you.
[1:09:13]
Just a quick note as one who was
[1:09:18]
mentioned in the resignation
[1:09:20]
letter of -- and as an
[1:09:21]
individual, I would like to
[1:09:23]
support the city of bend's
[1:09:27]
intent to conduct an independent
[1:09:31]
review of the circumstances
[1:09:35]
leading to his resignation.
[1:09:39]
We say we remain committed to a
[1:09:43]
fair and objective process
[1:09:45]
without undue speculation or
[1:09:46]
rumor.
[1:09:48]
However, I'm seeing in
[1:09:50]
reporting, comments from city
[1:09:52]
hall that seem to be underlining
[1:09:55]
the spirit of this commitment.
[1:09:58]
So, just very quickly in
[1:10:04]
reporting on opb, he's thanked
[1:10:07]
by eric king for his long list
[1:10:11]
of accomplishments for over two
[1:10:11]
years.
[1:10:15]
His supervisor says he has made
[1:10:18]
us a better organization and
[1:10:19]
will be missed.
[1:10:22]
The chair of human rights and
[1:10:30]
equity commission has called his
[1:10:30]
resignation a big disappointment
[1:10:36]
and she described him as such an
[1:10:41]
integral part of life in the
[1:10:41]
city.
[1:10:43]
Councillor franzosa said I'm
[1:10:47]
really concerned the departure
[1:10:51]
will be leaving us -- not
[1:10:53]
leaving us well positioned to
[1:10:55]
meet the council goals on
[1:10:56]
equity.
[1:10:58]
Surprisingly enough in other
[1:11:01]
reporting, we hear comments from
[1:11:06]
city hall such as demonstrates
[1:11:11]
inconsistent statements,
[1:11:11]
behavior and actions.
[1:11:15]
Just to sum up, I do hope this
[1:11:17]
review process goes through
[1:11:18]
giving everyone a chance to
[1:11:20]
speak freely without retaliation
[1:11:22]
and address facts.
[1:11:30]
And not speculation.
[1:11:32]
>> thank you foster.
[1:11:32]
Okay.
[1:11:35]
That's it for the visitors
[1:11:35]
section.
[1:11:37]
That will move to item four.
[1:11:39]
Consent agenda.
[1:11:41]
Did you want to pull something
[1:11:42]
in.
[1:11:45]
>> I wanted to pull item b.
[1:11:47]
>> the 15th and ferguson
[1:11:48]
roundabout project.
[1:11:50]
Is there a motion to approve.
[1:11:52]
>> I move to approve without
[1:11:55]
item b.
[1:11:56]
>> second.
[1:11:58]
>> all in favor?
[1:12:00]
All right.
[1:12:01]
Item b, council riley.
[1:12:04]
>> I was just basically have a
[1:12:05]
question I hope someone can
[1:12:06]
answer.
[1:12:07]
I think it's important the
[1:12:08]
community hears it.
[1:12:10]
We've had questions about the
[1:12:12]
ferguson and 15th roundabout.
[1:12:14]
And I just wanted to make the
[1:12:15]
point that I believe there's
[1:12:19]
going to be an opportunity for
[1:12:20]
public engagement in 30% design.
[1:12:22]
If you could speak to that
[1:12:23]
quickly.
[1:12:25]
I just wanted to make sure it is
[1:12:27]
out there and people know
[1:12:28]
roughly when ryan.
[1:12:30]
>> there we go.
[1:12:36]
So, thank you for the question.
[1:12:40]
So, the amendment tonight is to
[1:12:41]
progress beyond the 30% design,
[1:12:42]
the final design.
[1:12:46]
No, it is full design.
[1:12:48]
We haven't started yet.
[1:12:50]
We'll follow our standard
[1:12:51]
outreach process and come out
[1:12:53]
around the 30% with design
[1:12:55]
alternatives and then probably
[1:12:59]
more follow-up.
[1:13:02]
We're talking to the hoa board
[1:13:04]
now, but there will be plenty of
[1:13:05]
comment period times.
[1:13:07]
>> and an open house.
[1:13:08]
>> standard open house process
[1:13:08]
for the community.
[1:13:09]
All that.
[1:13:12]
>> I bring it up, it has been a
[1:13:15]
big concern for the two
[1:13:17]
neighborhood districts down
[1:13:17]
there.
[1:13:19]
We got a question and input on
[1:13:21]
the design recently and kind of
[1:13:23]
the implication that I read into
[1:13:25]
it, we have to do it, it is too
[1:13:26]
late.
[1:13:28]
I want people to know --
[1:13:29]
>> haven't even started yet.
[1:13:33]
>> it is really important for
[1:13:35]
them associated with this and
[1:13:37]
I'm glad we're moving forward
[1:13:39]
with it quicker than originally.
[1:13:45]
With that, I move we authority
[1:13:45]
ze
[1:14:08]
the contract for the project.
[1:14:08]
>> second.
[1:14:12]
>> moved and seconded.
[1:14:15]
All those in favor?
[1:14:15]
All right.
[1:14:17]
Thank you.
[1:14:17]
Okay.
[1:14:18]
That will move us to item 5
[1:14:23]
which is a public hearing.
[1:14:24]
Oh, yes.
[1:14:25]
These are my item number five
[1:14:26]
people.
[1:14:28]
I'm going to open the public
[1:14:30]
hearing and we will start with
[1:14:31]
councillor norris.
[1:14:35]
>> I need to declare a potential
[1:14:39]
conflict out of abundance of
[1:14:39]
caution.
[1:14:43]
I am permitted to participate in
[1:14:45]
the deliberation and vote on the
[1:14:45]
item.
[1:14:46]
>> great.
[1:14:48]
We will start with our staff
[1:15:05]
presentation when they're ready.
[1:15:06]
>> good evening, council.
[1:15:10]
Pauline hardie with the planning
[1:15:11]
department and the principle
[1:15:13]
planner with the planning
[1:15:14]
department is with me.
[1:15:16]
We're here to give you an update
[1:15:18]
on the proposed amendments and
[1:15:19]
can answer any questions you
[1:15:24]
have following our presentation.
[1:15:26]
So, over the past couple of
[1:15:27]
years, staff has been working on
[1:15:29]
identifying areas for
[1:15:31]
improvements to the bend
[1:15:33]
development code to update
[1:15:35]
various standards and processes
[1:15:38]
to align with city practices and
[1:15:39]
state law.
[1:15:41]
The amendments include several
[1:15:43]
simple ones for clarification.
[1:15:44]
Going through the code, you
[1:15:48]
probably saw a lot of
[1:15:53]
corrections to ambiguities and
[1:15:53]
conflicts.
[1:15:55]
There were code updates that
[1:15:57]
addressed modernization, looking
[1:16:00]
at the rear setbacks for the low
[1:16:03]
density residential districts
[1:16:05]
and new bicycle parking options
[1:16:08]
and various design standards
[1:16:09]
throughout the code.
[1:16:14]
Process improvements include
[1:16:16]
updates to procedures, deschutes
[1:16:19]
design review, noticing
[1:16:20]
requirements, duration of
[1:16:22]
approvals and extensions and
[1:16:27]
modifications of approval.
[1:16:28]
For the modifications of
[1:16:30]
approval, one of the amendments
[1:16:37]
includes creating a new process
[1:16:39]
for determine
[1:16:41]
ing similar use or
[1:16:42]
change of condition of approval.
[1:16:43]
We have used that throughout the
[1:16:45]
years and now we have a process
[1:16:47]
we can use.
[1:16:49]
An example would be back in the
[1:16:51]
day when we required parking for
[1:16:53]
accessory units and the state
[1:16:54]
changed the law they can go
[1:16:57]
through the process now and
[1:16:58]
amend conditional of approval.
[1:17:01]
We received a phone call today
[1:17:03]
about legal lot of record
[1:17:03]
determinations.
[1:17:05]
We codified our process and
[1:17:06]
there might be an additional
[1:17:08]
process we want to look into.
[1:17:10]
We didn't have time today but
[1:17:12]
can bring it back if necessary.
[1:17:16]
We are creating a new minor
[1:17:18]
process, simple type one process
[1:17:19]
to help a lot of projects.
[1:17:24]
We are proposing to clearly
[1:17:29]
identify the process, type cc,
[1:17:31]
cc for city council.
[1:17:32]
An example of this which we
[1:17:34]
already do, the major master
[1:17:35]
plan process.
[1:17:36]
They go through the planning
[1:17:37]
commission, they hold a public
[1:17:40]
hearing and makes a
[1:17:41]
recommendation to the city
[1:17:43]
council and they are the final
[1:17:45]
decision maker.
[1:17:46]
The code is the type three cc.
[1:17:53]
We are replacing our declaratory
[1:17:56]
ruling chapter with 4.10.
[1:17:58]
Three of the interpretations and
[1:17:59]
determinations are remaining the
[1:17:59]
same.
[1:18:03]
We are adding a new one for
[1:18:04]
determination of similar land
[1:18:04]
use.
[1:18:06]
In the development code above
[1:18:12]
every use table says please see
[1:18:13]
4.1.1400 to do a determination
[1:18:14]
of similar land use.
[1:18:16]
There was never a process in the
[1:18:18]
code, we're creating the process
[1:18:19]
and identifying the different
[1:18:21]
processes depending on the
[1:18:22]
request.
[1:18:26]
If they are site specific, and
[1:18:29]
if they affect city wide
[1:18:30]
regulations, we create a
[1:18:31]
legislative process.
[1:18:34]
A lot of clean up for
[1:18:36]
interpretations and
[1:18:36]
determination.
[1:18:39]
As with a lot of code updates
[1:18:40]
lately, we make sure we're
[1:18:43]
consistent with the oregon
[1:18:44]
statutes and administrative
[1:18:46]
rules.
[1:18:49]
The proposed amendments to
[1:18:50]
implement the 25-27 goals.
[1:18:52]
the first being the housing goal
[1:18:54]
that states to develop and
[1:18:56]
implement strategies to meet
[1:19:00]
community housing needs and
[1:19:04]
reduce homelessness.
[1:19:07]
The action is to adopt the code
[1:19:11]
and processes improvements that
[1:19:14]
remove barriers and speed up
[1:19:16]
medium housing and affordable
[1:19:19]
housing and the proposed
[1:19:21]
standards updates several
[1:19:21]
processes.
[1:19:23]
The first one is providing
[1:19:25]
additional time extensions to
[1:19:27]
site plan review and land
[1:19:29]
revision applications.
[1:19:31]
Today site plan review
[1:19:33]
applications are good for two
[1:19:33]
years.
[1:19:35]
This will add an extension to
[1:19:37]
single phase and extension to
[1:19:39]
the first and last phase of site
[1:19:41]
plan applications.
[1:19:45]
This proposed amendment adds
[1:19:49]
extensions to phased land dwogz
[1:19:50]
application
[1:19:51]
division applications.
[1:19:53]
The benefit of adding the
[1:19:55]
extensions gives larger projects
[1:19:59]
like subdivisions or large
[1:20:00]
apartment complex building an
[1:20:03]
extra year to two years to get
[1:20:05]
the development completed.
[1:20:07]
The amendments stream line
[1:20:08]
review processes by better
[1:20:10]
organizing standards and
[1:20:10]
procedures.
[1:20:12]
When an applicant has to --
[1:20:15]
submit a narrative, they're not
[1:20:16]
going through all these
[1:20:19]
different chapters where several
[1:20:19]
requirements live.
[1:20:21]
It will be better organized and
[1:20:22]
more timely for the applicant
[1:20:23]
and staff.
[1:20:26]
The amendments stream line a
[1:20:28]
review process for expansion of
[1:20:32]
existing multi family
[1:20:32]
developments.
[1:20:35]
Today it has to go through a
[1:20:37]
full site plan review
[1:20:37]
application.
[1:20:39]
We've had where all they want to
[1:20:42]
do is add one to two, maybe
[1:20:43]
three units and instead of
[1:20:45]
having to go through a full
[1:20:46]
process, the recommendation
[1:20:48]
would be they would just go
[1:20:50]
through the type one process.
[1:20:53]
The updates also reduce severe
[1:20:56]
set back in the low density
[1:20:59]
residential district.
[1:21:02]
Today is 20 feet and down to 10
[1:21:02]
feet.
[1:21:10]
This will allow more room.
[1:21:15]
This just allows more usable
[1:21:15]
space.
[1:21:18]
The amendments also implemented
[1:21:21]
transportation and
[1:21:21]
infrastructure goal with the
[1:21:23]
action to update transportation
[1:21:25]
design standards and
[1:21:28]
specification for all users
[1:21:30]
aiming for zero fatalities.
[1:21:33]
After looking at a lot of other
[1:21:35]
codes, realizing our bicycle
[1:21:36]
parking chapter was pretty
[1:21:39]
outdated.
[1:21:41]
We updated it to include secure
[1:21:43]
and convenient bicycle parking
[1:21:45]
with short term and long-term
[1:21:47]
bicycle parking requirements.
[1:21:48]
We didn't go through and
[1:21:50]
increase bicycle parking numbers
[1:21:52]
or spots required, we just
[1:21:53]
identified requirements for
[1:21:56]
short term, which means it is
[1:21:58]
going to provide parking for
[1:21:59]
customers or people there two
[1:22:00]
hours or less.
[1:22:02]
And then we identified parking
[1:22:04]
requirements for long-term, for
[1:22:06]
residents or employees that plan
[1:22:13]
to stay for over two hours.
[1:22:14]
In addition, we added additional
[1:22:17]
options to meet the parking
[1:22:18]
requirements.
[1:22:21]
We already allowed u-racks but
[1:22:23]
the proposed code amendments
[1:22:27]
would allow vertical wall
[1:22:30]
mounted racks and for oversized
[1:22:42]
bicycle parking like cargo
[1:22:44]
bikes.
[1:22:45]
Planning commission
[1:22:45]
recommendations.
[1:22:49]
We have two commissioners here
[1:22:52]
with us tonight.
[1:22:53]
And they held their public
[1:22:56]
hearing and voted 7-0 to
[1:22:59]
recommend approval of the
[1:22:59]
amendments.
[1:23:01]
They did have some discussion
[1:23:03]
and as parts of your package of
[1:23:06]
amendments, it includes an
[1:23:07]
amendment to simplify the design
[1:23:11]
requirements for exterior
[1:23:11]
buildings.
[1:23:15]
At staff's request, they added
[1:23:18]
an amendment for easy reference
[1:23:21]
in the tables.
[1:23:22]
Just want to make sure the
[1:23:24]
public knows that they go to the
[1:23:26]
commercial tables, there is this
[1:23:30]
option to convert to residential
[1:23:30]
uses.
[1:23:35]
The bend central district, this
[1:23:36]
was a group effort almost.
[1:23:39]
I worked with the core area
[1:23:41]
advisory board and planning
[1:23:43]
commission on amendments to help
[1:23:46]
buildings who just want to redo
[1:23:48]
the facades.
[1:23:49]
Simplify the process.
[1:23:51]
And there was definitely support
[1:23:54]
from the planning commission as
[1:23:56]
well as the core area advisory
[1:23:57]
board but interest in making
[1:24:00]
sure if they were to redo the
[1:24:02]
front facades, there is still
[1:24:05]
windows or transparency or
[1:24:06]
glazing maintained.
[1:24:07]
We still want a walkable
[1:24:08]
environment.
[1:24:09]
The planning commission's
[1:24:11]
recommendation is included in
[1:24:14]
your packet, that if they're
[1:24:18]
going to go through the simple
[1:24:20]
process, meet the minimum
[1:24:27]
requirements of the central bend
[1:24:27]
district.
[1:24:31]
i asked the planning commission
[1:24:34]
to fix something very
[1:24:34]
repetitive.
[1:24:36]
During the public comment period
[1:24:37]
as well as at the planning
[1:24:39]
commission public hearing, we
[1:24:42]
did hear from bend park and
[1:24:43]
recreation district about a
[1:24:46]
request to stream line the
[1:24:50]
review process to the special
[1:24:52]
interest overlay zone.
[1:24:54]
The request is to simplify the
[1:24:55]
process for fuel reduction and
[1:24:58]
forest health in this area.
[1:25:00]
The request is similar to the
[1:25:06]
proposed amendments in your
[1:25:09]
packets, the deschutes waterway
[1:25:11]
overlay district for tree
[1:25:12]
removal and we heard from bend
[1:25:15]
park and recreation district and
[1:25:17]
homeowners association.
[1:25:19]
So the bend park and recreation
[1:25:22]
district is simply asking we
[1:25:24]
have the same review process as
[1:25:27]
we are on the water way overlay
[1:25:28]
zone.
[1:25:30]
Through this process, I have
[1:25:33]
learned different definitions,
[1:25:36]
one being fuel break versus fire
[1:25:37]
break.
[1:25:39]
So staff is recommending adding
[1:25:43]
a type one amendment for the asi
[1:25:47]
as well as definition for fuel
[1:25:47]
break.
[1:25:51]
A fire break is -- I worked
[1:25:53]
with the fire marshal object
[1:25:53]
this.
[1:25:56]
A fire break cuts everything
[1:25:56]
down.
[1:25:59]
A fuel break helps to prevent
[1:26:02]
fires from spreading and this is
[1:26:03]
the process the fuel break, what
[1:26:06]
they have been using.
[1:26:09]
They recommend that we have a
[1:26:11]
definition for fuel break and
[1:26:14]
also amend the code in the area
[1:26:17]
instead of using the term fire
[1:26:19]
break, use fuel break.
[1:26:21]
And then the additional
[1:26:23]
amendments would be to the asi,
[1:26:27]
areas of special interest in
[1:26:28]
section 2.2.700.
[1:26:31]
I guess I'll go through them
[1:26:32]
real fast.
[1:26:35]
Basically saying the weeds are
[1:26:37]
exempt and they can remove them.
[1:26:39]
If they want to remove trees,
[1:26:45]
the type one review process and
[1:26:48]
then prohibit removal of
[1:26:51]
vegetation that is protected.
[1:26:54]
We did receive a comment as well
[1:26:57]
entered into public record from
[1:27:00]
the central oregon irrigation
[1:27:01]
district.
[1:27:03]
They requested that we take it a
[1:27:06]
step further and not have a
[1:27:06]
review process.
[1:27:08]
Staff is recommending that we
[1:27:10]
still move forward with the type
[1:27:11]
one review process.
[1:27:13]
In my work program, I'm going to
[1:27:15]
be coming back with a major
[1:27:18]
clean up to the waterway overlay
[1:27:18]
district.
[1:27:20]
At that time, we can look at
[1:27:22]
different processes.
[1:27:24]
But for this code amendment just
[1:27:41]
proposing the type one review
[1:27:41]
process.
[1:27:43]
I want to give background on
[1:27:45]
proposed amendments for council.
[1:27:47]
When is the definition of open
[1:27:48]
space in the bend development
[1:27:50]
code reading it is any property
[1:27:52]
or area of land or water set
[1:27:55]
aside designed or reserved for
[1:27:56]
public or private use for the
[1:28:02]
purpose of providing recreation.
[1:28:04]
Our definition for open space
[1:28:08]
does address and allow public or
[1:28:09]
private use.
[1:28:11]
The development code master
[1:28:15]
plans adopted in 2017 has a
[1:28:17]
requirement since then that all
[1:28:19]
community master plans provide
[1:28:22]
minimum of 10% of gross area as
[1:28:23]
public or private open space.
[1:28:26]
And it gives examples such as
[1:28:29]
parks, squares or plazas, multi
[1:28:30]
use paths.
[1:28:34]
they have to be at least 20 feet
[1:28:34]
wide.
[1:28:37]
Tree preservation areas and
[1:28:40]
included public or private
[1:28:42]
recreational facilities.
[1:28:45]
Just to give you an idea
[1:28:45]
>>
[1:28:47]
, on
[1:28:49]
the master plan we've had 14
[1:28:50]
master plans under development
[1:28:52]
and looking at the master plans,
[1:28:54]
we have gotten a variety of
[1:28:57]
parks and variety of homeowner
[1:28:59]
association community centers
[1:29:00]
and pools.
[1:29:04]
And lots of open space tracks.
[1:29:06]
Lots of trails.
[1:29:07]
Protected areas of special
[1:29:14]
interest as well as urban plaza.
[1:29:17]
In 2022, I did a site visit to a
[1:29:18]
master plan area.
[1:29:21]
It is a fenced in drainage
[1:29:21]
basin.
[1:29:23]
I wanted to make sure when we
[1:29:27]
say you have to provide 10% open
[1:29:28]
space public or private, that it
[1:29:31]
couldn't just be a fenced in
[1:29:32]
drainage base.
[1:29:34]
I proposed an amendment to the
[1:29:37]
planning commission, city
[1:29:40]
council in 2022 trying to get
[1:29:49]
across that that does not count.
[1:29:51]
I went back and listened to the
[1:29:53]
minutes for the planning
[1:29:54]
commission work session back in
[1:29:54]
2022.
[1:29:57]
From the minutes, it does state
[1:29:59]
that commissioner payne asked
[1:30:01]
about master plan open spaces
[1:30:03]
and I clarified it can be public
[1:30:04]
or private but must be useful.
[1:30:06]
The whole intent of the usable
[1:30:08]
open space is used by the people
[1:30:10]
who live there or the communty
[1:30:11]
or both.
[1:30:14]
And then in 2022 in the planning
[1:30:16]
commission held their public
[1:30:17]
hearing, I again clarified the
[1:30:21]
open space needs to be public
[1:30:23]
and usable or open to the master
[1:30:24]
plan area.
[1:30:26]
Like a community pool.
[1:30:27]
The city council in 2023 had the
[1:30:29]
public hearing and I wanted to
[1:30:31]
make it clear it was open to the
[1:30:33]
public and the reason behind
[1:30:35]
this, we don't want to see a
[1:30:38]
fenced off drainage basin not
[1:30:39]
available to anybody.
[1:30:42]
In this master plan there are
[1:30:45]
plenty usable to the public with
[1:30:47]
easements on it and several
[1:30:48]
multi use trails.
[1:30:49]
So, they were fine.
[1:30:51]
I just when I saw it, I wanted
[1:30:53]
to make sure it is not counted
[1:30:54]
as open space.
[1:30:57]
The public was intended to mean
[1:30:58]
it is usable by people.
[1:31:00]
The proposed amendments are not
[1:31:02]
to change the status quo of what
[1:31:05]
we have been doing since 2017,
[1:31:09]
it is just to clarify.
[1:31:11]
If there is interest in
[1:31:12]
providing even more clarity
[1:31:14]
about the fenced in areas, the
[1:31:16]
mayor suggested a potential
[1:31:18]
amendment for the council to
[1:31:20]
consider up on the screen to
[1:31:22]
clarify any public or private
[1:31:24]
open space must not be fenced
[1:31:27]
off unless related to a park or
[1:31:30]
public or private recreation
[1:31:31]
facility included to tennis
[1:31:34]
courts, driving ranges and ball
[1:31:35]
fields.
[1:31:37]
We have always allowed the
[1:31:40]
private facilities but this
[1:31:42]
clarifies they can't be fenced
[1:31:46]
off like drainage basins.
[1:31:47]
The public process so far has
[1:31:49]
included a planning commission
[1:31:52]
work session on SEPTEMBER 8th.
[1:31:53]
Planning commission held a
[1:31:54]
public hearing.
[1:31:57]
We have two commissioners here
[1:31:57]
on SEPTEMBER 22nd.
[1:31:59]
Tonight is before the city
[1:32:02]
council with the first reading
[1:32:04]
and if we move forward, the
[1:32:05]
second reading would be
[1:32:08]
NOVEMBER 19th with effective
[1:32:10]
date of DECEMBER 19th.
[1:32:13]
So, amy and I are here to answer
[1:32:14]
questions you MAY have.
[1:32:18]
Make sure I didn't forget
[1:32:18]
anything.
[1:32:18]
Yes.
[1:32:21]
>> thank you pauline, very
[1:32:21]
thorough.
[1:32:23]
There were amendments that came
[1:32:26]
in from the comments from
[1:32:26]
planning commission.
[1:32:29]
Do you have amended motion for
[1:32:31]
us to include all of things you
[1:32:32]
have put on the screen.
[1:32:32]
>> I do.
[1:32:41]
>> questions
[1:32:43]
>> councilor amendez.
[1:32:46]
>> bicycle parking short and
[1:32:47]
long-term.
[1:32:51]
Difference between the rack.
[1:32:53]
Inverted u shape racks are gold
[1:32:53]
standard.
[1:32:54]
Easy to use.
[1:32:56]
You can walk up and they are
[1:32:57]
done.
[1:32:59]
For long-term we require minimum
[1:33:01]
of 25% and for short term
[1:33:05]
parking we require minimum of
[1:33:07]
50%.
[1:33:09]
Is that different?
[1:33:11]
Why not 50%?
[1:33:18]
>> let me get to that page.
[1:33:23]
>> it is page 68.
[1:33:24]
>> long-term they have
[1:33:30]
requirement of 25% minimum.
[1:33:34]
Also provides additional
[1:33:34]
options.
[1:33:42]
I think when we went through and
[1:33:43]
I am trying to think of the
[1:33:45]
table.
[1:33:47]
We tried not to require more
[1:33:48]
than today.
[1:33:50]
Because minimums they can
[1:33:51]
provide more.
[1:33:53]
What we see a lot in
[1:33:55]
applications and we added
[1:33:55]
flexibility.
[1:33:56]
Walkable areas.
[1:34:01]
a lot of apartment complexes
[1:34:02]
have indoor walkable for bicycle
[1:34:06]
parking and also have boxes and
[1:34:07]
the vertical racks.
[1:34:09]
They can provide minimums.
[1:34:12]
I am not sure if that is getting
[1:34:16]
to your question about the 25
[1:34:16]
versus
[1:34:21]
25versus 50.
[1:34:24]
>> we have more e-bikes and
[1:34:24]
heavier.
[1:34:26]
For some people who are maybe
[1:34:29]
not quite as able bodied to lift
[1:34:32]
one up to the wall, it seems
[1:34:35]
like an opportunity to make sure
[1:34:38]
we have ample accessible parking
[1:34:40]
not rely on maybe easier to
[1:34:44]
provide from developer
[1:34:47]
perspective less usable for
[1:34:52]
residents, I guess.
[1:34:54]
>> it sounds like we are trying
[1:34:56]
to be consistent with what we
[1:34:57]
required before.
[1:35:02]
Maybe you can say more about
[1:35:02]
that.
[1:35:03]
>> trying to think.
[1:35:05]
I don't have it in front of me.
[1:35:23]
Maybe I do.
[1:35:27]
I kind of think the old code
[1:35:33]
only allowed u racks.
[1:35:36]
The current code we have some
[1:35:44]
options for long-term parking.
[1:35:45]
Bicycle storage.
[1:35:48]
Can be provided in bicycle
[1:35:55]
storage room, lockers, racks
[1:35:56]
secure storage inside or outside
[1:35:57]
knowledge.
[1:36:03]
At ground level unless ramp.
[1:36:05]
Minimum depth and width six feet
[1:36:08]
easily accessible approved.
[1:36:13]
Space within dwelling units or
[1:36:18]
porches are not counted towards
[1:36:19]
satisfies requirements.
[1:36:21]
>> 25% should be increased to 50
[1:36:26]
to have more u racks versus the
[1:36:27]
wall?
[1:36:29]
>> imagine people riding
[1:36:31]
bicycles.
[1:36:34]
Seems strange different standard
[1:36:35]
for short and long-term.
[1:36:36]
people use both.
[1:36:40]
I recognize these a
[1:36:43]
these amendments are
[1:36:44]
policy neutral.
[1:36:47]
It is something that caught my
[1:36:48]
attention.
[1:36:52]
I wanted to see if there was
[1:36:53]
explanation.
[1:36:56]
>> I found the rest of it.
[1:36:56]
Our current code said except for
[1:36:57]
residential uses.
[1:37:00]
That is where we get the storage
[1:37:01]
rooms more often.
[1:37:09]
Minimum of 75 required bicycle
[1:37:12]
parking must be u style racks
[1:37:18]
outside the building.
[1:37:21]
75% minimum outside u rack
[1:37:24]
easily accessible to everybody.
[1:37:26]
>> no proposal to change that?
[1:37:30]
>> that is down to 50 short term
[1:37:34]
plus 25% long-term still gets
[1:37:35]
75% u racks.
[1:37:38]
Breaking it out for short term
[1:37:40]
and long term bicycle racks.
[1:37:43]
Another example like a hotel
[1:37:44]
would want to put all bicycle
[1:37:49]
parking inside and none outside.
[1:37:52]
In the code nothing to say u
[1:37:55]
racks outside available to
[1:37:55]
public.
[1:37:56]
Maybe restaurant or friends
[1:37:58]
stopping by for less than two
[1:37:59]
hours.
[1:38:02]
50% and 25% is what we did.
[1:38:09]
What we also did is if they are
[1:38:11]
located because it is an or.
[1:38:15]
The long-term can be 25% u
[1:38:16]
racks.
[1:38:18]
Located in lockable area with
[1:38:20]
racks complying with spacing
[1:38:20]
standards.
[1:38:23]
Can also include wall racks.
[1:38:25]
5% of those if there is more
[1:38:29]
than 20 for oversized bicycle
[1:38:29]
parking.
[1:38:30]
Those are also u racks.
[1:38:34]
>> we end up with fewer minimum
[1:38:37]
required inverted u is that
[1:38:37]
right?
[1:38:39]
>> no short term, I believe, is
[1:38:40]
50%.
[1:38:47]
We can bump up the long-term as
[1:38:47]
well.
[1:38:50]
>> we are talking about
[1:38:51]
minimums.
[1:38:52]
Other questions on any of the
[1:38:54]
code changes?
[1:38:56]
>> I have questions about the
[1:39:03]
fuel reduction.
[1:39:03]
Switching employees.
[1:39:06]
I am glad to see the change from
[1:39:07]
fire break to fuel break.
[1:39:09]
That makes a lot of sense.
[1:39:12]
I do want to have a discussion
[1:39:13]
here about the appropriateness
[1:39:17]
of having fuel reduction as land
[1:39:21]
use process of any type.
[1:39:25]
It is not a new land development
[1:39:28]
or land use, right?
[1:39:33]
>> I will ask for collin or
[1:39:37]
renee to help.
[1:39:39]
>> it is not new development,
[1:39:39]
right?
[1:39:45]
Or new land use.
[1:39:47]
It's a wildfire risk mitigation
[1:39:52]
kind of activity, right?
[1:39:54]
>> correct.
[1:39:56]
>> so how did it end up in
[1:39:57]
development code going before
[1:40:01]
planning department anyway?
[1:40:02]
Why isn't it?
[1:40:06]
It seems like it is fire
[1:40:07]
department.
[1:40:10]
>> tree preservation has been
[1:40:12]
decided that resides in the
[1:40:13]
development code.
[1:40:16]
We have the staffing,
[1:40:18]
infrastructure ability to
[1:40:19]
regulate through our development
[1:40:21]
code trees whether associated
[1:40:24]
with development or not.
[1:40:27]
With the work that we did and
[1:40:29]
adoption of new tree
[1:40:31]
preservation code is good
[1:40:31]
example.
[1:40:33]
Still preservation requirement
[1:40:35]
for existing properties one acre
[1:40:36]
or larger.
[1:40:38]
Whether or not they have
[1:40:39]
development proposal or not they
[1:40:42]
have to preserve trees, can't
[1:40:42]
cut them down.
[1:40:45]
The laws would come into play
[1:40:46]
here.
[1:40:49]
If you have tree regulation, we
[1:40:51]
need to have permitting system.
[1:40:54]
If we didn't require some form
[1:40:58]
of review there wouldn't be
[1:40:58]
ability to decide whether or not
[1:41:03]
they were doing either fire
[1:41:05]
mitigation or clear-cutting.
[1:41:07]
We would say, well, we have to
[1:41:09]
excuse property from all tree
[1:41:10]
regulations because we would
[1:41:12]
have to do some form of review
[1:41:14]
to see if they were just doing
[1:41:16]
fire mitigation or something
[1:41:17]
beyond fire mitigation.
[1:41:20]
We would have to have standards
[1:41:22]
applying to it and review to
[1:41:23]
understand if they were
[1:41:24]
complying with those.
[1:41:30]
That is a permit.
[1:41:32]
>> the application is probably
[1:41:35]
accompanied by letter from
[1:41:40]
probably fire department, right?
[1:41:42]
>> the fire marshal's office.
[1:41:45]
>> creation of fuel breaks and
[1:41:50]
association with fire prevention
[1:41:50]
authorities.
[1:41:52]
Necessary to mitigate fire
[1:41:56]
hazards and last is qualified
[1:41:58]
professional if deceased
[1:42:06]
if diseased or
[1:42:06]
hazardous.
[1:42:14]
>> we have urban forester.
[1:42:17]
>> we have code that requires
[1:42:19]
people to remove excess fuel
[1:42:22]
from property.
[1:42:24]
They have to come and get
[1:42:24]
permit.
[1:42:26]
How long does it take to get
[1:42:28]
through type one land use
[1:42:29]
process?
[1:42:31]
>> this is only in waterway
[1:42:32]
overlay zone.
[1:42:35]
I don't know why I am having
[1:42:37]
hard time with that.
[1:42:41]
Special interest protected
[1:42:41]
areas.
[1:42:42]
>> how long does the process
[1:42:43]
take?
[1:42:47]
>> type one is typically 30-day
[1:42:48]
30-days.
[1:42:51]
>> decision is issued in 30-day
[1:42:53]
30-days?
[1:42:54]
>> yes.
[1:42:54]
>> okay.
[1:42:58]
I didn't think that was intent
[1:43:03]
of urban forester to review the
[1:43:06]
mitigation by landowners doing
[1:43:07]
responsible thing.
[1:43:08]
>> as pauline said in the river
[1:43:10]
corridor and areas of special
[1:43:11]
interest.
[1:43:14]
These are areas that have been
[1:43:16]
deliberately set aside.
[1:43:18]
Something that needs higher
[1:43:19]
level of review.
[1:43:23]
>> just clarifying if someone is
[1:43:25]
talking about own your zone.
[1:43:27]
Not going to trigger this
[1:43:30]
process unless they live in
[1:43:32]
water lay overlay zone will not
[1:43:34]
trigger this process?
[1:43:35]
>> right.
[1:43:37]
>> thanks for the questions.
[1:43:39]
Any other questions from council
[1:43:43]
before we do public testimony?
[1:43:46]
>> I have one or two.
[1:43:53]
I am curious and this is
[1:43:54]
super-techy.
[1:43:59]
I am curious about the why all
[1:44:00]
overhead doors must be less than
[1:44:04]
8 feet wide except when they are
[1:44:05]
garages?
[1:44:07]
What is the point of that?
[1:44:09]
>> I should have had the slide
[1:44:10]
in here.
[1:44:12]
We received applications where
[1:44:17]
it looks and acts like garage,
[1:44:19]
they don't have driveway and no
[1:44:20]
second access.
[1:44:24]
They say not a garage.
[1:44:25]
It fits vehicles.
[1:44:27]
>> this is a residential house.
[1:44:30]
They are building an accessory
[1:44:33]
dwelling unit on first floor two
[1:44:34]
roll up garage doors.
[1:44:35]
Saying not a garage.
[1:44:37]
we have nothing in the code to
[1:44:39]
say that is a garage.
[1:44:42]
We are providing clarity on roll
[1:44:45]
up doors 8 feet or wider, get
[1:44:47]
car in there it is garage.
[1:44:50]
That helps us when they are only
[1:44:56]
allowed one access.
[1:44:57]
We know there will be illegal
[1:44:59]
access with the garage.
[1:45:01]
If they put in the garage they
[1:45:01]
won't have access.
[1:45:03]
We can address it then.
[1:45:05]
There is a lot of those roll up
[1:45:08]
doors where they are just
[1:45:10]
entrances into the living space
[1:45:13]
and less than 8 feet wide.
[1:45:15]
We know those are not going to
[1:45:17]
be parking vehicles.
[1:45:18]
We needed something in the code
[1:45:20]
to clarify what is garage door
[1:45:22]
and what is not garage door.
[1:45:25]
I had a great picture but it is
[1:45:27]
not in the powerpoint.
[1:45:30]
>> what about 2.3.500
[1:45:33]
architectural standards?
[1:45:34]
I read this today.
[1:45:37]
It is foggy now, I have to
[1:45:37]
admit.
[1:45:39]
I was curious about the why
[1:45:41]
behind that one again.
[1:45:43]
What is the point of this?
[1:45:47]
What is driving this?
[1:45:50]
On page 2 of the summary where
[1:45:56]
it is talked about.
[1:46:00]
Establishing design standards
[1:46:04]
prior design starts for
[1:46:06]
triplexes and quadplexes and
[1:46:10]
architectural review standards.
[1:46:13]
>> this one is the architectural
[1:46:16]
review standards are ground
[1:46:18]
floor level windows.
[1:46:21]
Easy to do on commercial
[1:46:21]
buildings.
[1:46:24]
All middle housing was in
[1:46:26]
commercial design standards.
[1:46:32]
We have window designs in mixed
[1:46:32]
use.
[1:46:35]
It is allowed duplex and triplex
[1:46:36]
and quad.
[1:46:41]
You would go to design standards
[1:46:44]
for duplex and triplexes and
[1:46:44]
quads.
[1:46:51]
>> it applies to these types of
[1:46:51]
developments?
[1:46:51]
>> yes, it doesn't change
[1:46:52]
anything.
[1:46:56]
We don't want commercial design
[1:47:00]
standards to apply.
[1:47:02]
>> just regarding open space.
[1:47:05]
I am not incline to disagree
[1:47:06]
with your recommendations.
[1:47:09]
Curious because as I read it, it
[1:47:11]
seems that it is up to the
[1:47:14]
developer if they want to meet
[1:47:14]
open space requirement with
[1:47:17]
public open space or private
[1:47:18]
open space.
[1:47:21]
I guess what are the safe guards
[1:47:22]
the community has?
[1:47:24]
We are not really allowing gated
[1:47:26]
communities any more.
[1:47:28]
>> those are not allowed.
[1:47:30]
>> private roads not allowed.
[1:47:33]
What are requirements?
[1:47:36]
How is park space designated in
[1:47:39]
master plan, how is connectivity
[1:47:42]
through trails or easements that
[1:47:44]
have connectivity?
[1:47:47]
>> there are two-parts of that.
[1:47:54]
One code amendment is 3.4500
[1:47:56]
park search areas.
[1:48:00]
Anything over 10 acres to this
[1:48:01]
particular section.
[1:48:03]
If they have a park that is
[1:48:05]
identified on the bend park and
[1:48:07]
recreation district park search
[1:48:10]
area map, they are required to
[1:48:11]
enter into discussions with the
[1:48:12]
park district.
[1:48:14]
If there is not identified need
[1:48:16]
for park in the area they don't
[1:48:18]
have to enter into those
[1:48:22]
negotiations or discussions.
[1:48:24]
Second one we have open space
[1:48:29]
area in 4.5 for master plans.
[1:48:31]
Whole other section for
[1:48:33]
connectivity requiring
[1:48:36]
connectivity through master plan
[1:48:36]
area.
[1:48:38]
You are guaranteed connectivity.
[1:48:40]
if park search area they are
[1:48:41]
required to meet with park
[1:48:42]
district.
[1:48:44]
If there isn't they can propose.
[1:48:46]
In this one in particular it is
[1:48:50]
open space tracts and a lot of
[1:48:51]
trails.
[1:48:52]
>> the connectivity requirement
[1:48:54]
not just within the master plan
[1:48:57]
but from the master plan out to
[1:49:01]
the rest of the adjacent land?
[1:49:02]
>> yes.
[1:49:02]
>> thanks.
[1:49:04]
>> any other questions?
[1:49:04]
Okay.
[1:49:07]
We will move to public
[1:49:07]
testimony.
[1:49:09]
I think everyone is here on open
[1:49:10]
space.
[1:49:11]
I hope you were paying attention
[1:49:13]
and could hear.
[1:49:15]
We welcome comments.
[1:49:17]
Online comments this time.
[1:49:20]
I saw them raise their hand.
[1:49:21]
They are ready to go.
[1:49:23]
Same rules for public comment.
[1:49:25]
Two minutes.
[1:49:27]
All same rules apply.
[1:49:30]
Speak to the item in this public
[1:49:32]
hearing which everyone is going
[1:49:33]
to do.
[1:49:38]
No problem.
[1:49:40]
>> good evening.
[1:49:44]
I am cary quada.
[1:49:46]
We care about protecting what
[1:49:47]
makes bend unique.
[1:49:49]
The trail is more than just a
[1:49:52]
path through the forest.
[1:49:54]
Living symbol of bend connection
[1:49:56]
to nature, recreation and
[1:49:56]
community.
[1:49:59]
The surrounding area which links
[1:50:02]
directly to the trail provides
[1:50:05]
vital open space for families,
[1:50:06]
hikers and cyclists.
[1:50:08]
Turning this land over to
[1:50:10]
commercial development
[1:50:13]
compromises integrity of canopy
[1:50:17]
trail and bend's identity.
[1:50:19]
It belongs to everyone to
[1:50:21]
replace with something to
[1:50:22]
benefit a few.
[1:50:24]
We ask the council to clarify
[1:50:27]
how it aligns with bend
[1:50:31]
commitment to sustainability,
[1:50:33]
transparency livability
[1:50:35]
commitments residents expect to
[1:50:35]
be honored.
[1:50:38]
When developed the canopy trail
[1:50:42]
and open space will be lost
[1:50:42]
forever.
[1:50:44]
We urge council to protect this
[1:50:50]
area choose legacy over short
[1:50:52]
term gain and save the trail.
[1:50:57]
>> we will go to in person.
[1:50:59]
Mark gentle.
[1:51:00]
>> hello, mayor, council.
[1:51:02]
Thank you for the opportunity to
[1:51:02]
speak.
[1:51:06]
Resident of bend.
[1:51:09]
When they added in 2023 that
[1:51:14]
open space must be open to the
[1:51:18]
public, it is perfectly
[1:51:18]
plausible.
[1:51:21]
It is good to hear that that was
[1:51:23]
the intent.
[1:51:25]
It raises a bigger broader
[1:51:26]
policy question.
[1:51:27]
I would recommend that because
[1:51:29]
this wasn't really taken up at
[1:51:31]
the planning commission, there
[1:51:33]
wasn't discussion about it.
[1:51:34]
This is the first time we have
[1:51:37]
heard this was the rationale for
[1:51:38]
putting those words in.
[1:51:40]
Now the rationale for taking
[1:51:42]
same words out two years later.
[1:51:50]
I recommend that you table this
[1:51:52]
particular portion of this
[1:51:54]
ordinance, send back to planning
[1:51:57]
commission, let there be more
[1:51:59]
robust dialogue, particularly on
[1:52:02]
the broader policy question of
[1:52:03]
how do you connect?
[1:52:08]
How do you avoid disputes among
[1:52:11]
neighbors when they see an open
[1:52:14]
space or trail and it turns out
[1:52:15]
it is private?
[1:52:18]
Is it going to be marked as no
[1:52:18]
trespassing?
[1:52:19]
is that the direction the
[1:52:24]
council really wants to go in
[1:52:26]
allowing this broad nonspecific
[1:52:29]
authority for developers to make
[1:52:31]
their own ad-hoc decision about
[1:52:34]
whether there is going to be
[1:52:38]
anybody or just nobody but us to
[1:52:39]
access this property?
[1:52:42]
I think it is broader
[1:52:43]
discussion.
[1:52:46]
I appreciate your time and
[1:52:49]
attention be.
[1:53:00]
>> karen johnson.
[1:53:01]
>> good evening.
[1:53:04]
I am karen johnson.
[1:53:10]
I just dropped my hearing aid.
[1:53:12]
The land use for the old farm
[1:53:14]
district speaking on behalf of
[1:53:18]
the board.
[1:53:22]
Bend development code 4.5.200. E
[1:53:24]
e.4 concerning green space in
[1:53:25]
master plans.
[1:53:29]
10% of the land must be green
[1:53:34]
space private or public.
[1:53:35]
If it's private section b
[1:53:38]
requires dedication if it is
[1:53:40]
parks department or city or to a
[1:53:42]
private corporation such as
[1:53:44]
homeowners association.
[1:53:46]
You look at (2).
[1:53:51]
If so the private open space
[1:53:53]
must be located in a tract
[1:53:54]
including open space easement.
[1:53:55]
What does that mean?
[1:53:59]
Open space easement.
[1:54:03]
Property right.
[1:54:04]
Particular individuals.
[1:54:06]
It means public.
[1:54:07]
Section d.
[1:54:17]
It says that the use -- it must
[1:54:20]
be open to the public.
[1:54:21]
Presumably the public is getting
[1:54:22]
the easement.
[1:54:25]
What this proposal does is
[1:54:29]
eliminate being open to the
[1:54:30]
public.
[1:54:32]
Allows developer to create open
[1:54:35]
space as part of master plan.
[1:54:38]
Exclude public from every square
[1:54:40]
inch of it that would include
[1:54:41]
trails.
[1:54:42]
Bend parks and rec is trying to
[1:54:46]
do a trail system including
[1:54:48]
entire city as written.
[1:54:51]
As proposed written it would
[1:54:53]
eliminate the right of people to
[1:54:57]
take a trail to a master plan.
[1:54:58]
I green with the prior comments.
[1:55:00]
I think this needs to go back to
[1:55:02]
planning commission to define
[1:55:04]
exactly what they mean.
[1:55:07]
To say an area is fenced off and
[1:55:09]
can be private.
[1:55:10]
Fenced does not mean people are
[1:55:11]
excluded from it.
[1:55:15]
As written right now you could
[1:55:16]
have tennis court but public
[1:55:21]
would be able to use that tennis
[1:55:22]
court.
[1:55:24]
Is that the way the city wants?
[1:55:26]
It needs to say so.
[1:55:30]
I think this has very bad policy
[1:55:32]
and it should go back to
[1:55:35]
planning commission for further
[1:55:35]
study.
[1:55:40]
Thank you.
[1:55:42]
>> thank you.
[1:55:58]
Roberta silverman.
[1:56:01]
>> resident of bend.
[1:56:03]
Requirement of 10% open space
[1:56:06]
public or private in master plan
[1:56:07]
developments is a good thing.
[1:56:10]
One of the most powerful levers
[1:56:12]
city has to balance growth
[1:56:15]
providing open recreational
[1:56:18]
green space to keep bend a
[1:56:19]
livable city.
[1:56:21]
Removing must be open to public
[1:56:24]
requirement creates dangerous
[1:56:26]
loophole in which developers
[1:56:27]
fulfill 10% requirement with
[1:56:29]
private open space closed and
[1:56:33]
off limits to general public.
[1:56:37]
It already exists in town.
[1:56:38]
Eliminating must be open to
[1:56:40]
public requirement is not small
[1:56:42]
change to clean up code
[1:56:42]
language.
[1:56:45]
It amounts to loss of public
[1:56:48]
benefit taxpayers and neighbors
[1:56:51]
reasonably expect from
[1:56:53]
entitlements granted at this
[1:56:53]
scale.
[1:56:56]
Code requires negotiation with
[1:56:57]
bend park and recfor acquisition
[1:57:00]
doesn't guarantee success.
[1:57:02]
Removing public access shifts
[1:57:05]
bargaining power away from bend
[1:57:07]
parks makes it easier for open
[1:57:08]
space private.
[1:57:09]
Matter of equity.
[1:57:13]
Public access ensures open space
[1:57:17]
available to everyone including
[1:57:21]
renters and seniors and kids and
[1:57:22]
workers.
[1:57:24]
Please continue to safeguard the
[1:57:26]
bend open space and retain
[1:57:30]
existing public access clause.
[1:57:44]
In code 4.2.0.
[1:57:46]
The planning commission did not
[1:57:48]
look at that in their session.
[1:57:49]
>> I want to give you a chance
[1:57:52]
if there is anything you want to
[1:57:55]
expand upon about your
[1:57:57]
deliberation and anything scott
[1:58:08]
or susan you want to speak to?
[1:58:13]
>> you talked about esoteric
[1:58:14]
code language.
[1:58:16]
This pack age was steeped in it.
[1:58:19]
I guess any other questions you
[1:58:20]
had for us?
[1:58:23]
>> open space was there is park
[1:58:24]
district does assessment where
[1:58:26]
parks are needed.
[1:58:28]
Requirement is that if there is
[1:58:31]
development that is going where
[1:58:33]
parks and rec identified there
[1:58:35]
is need for a park, they have to
[1:58:36]
put a park.
[1:58:38]
They can put private open space
[1:58:41]
in there but they have to work
[1:58:43]
with parks and rec.
[1:58:45]
Trails are open.
[1:58:46]
Connectivity is requirement
[1:58:48]
separate from open space.
[1:58:51]
We did have discussion.
[1:58:54]
It wasn't robust discussion
[1:58:55]
because pauline explained map
[1:58:57]
and parks and rec assessment
[1:58:59]
they do for where they need new
[1:59:00]
parks in the community.
[1:59:03]
The question is do we trust
[1:59:04]
parks and rec to tell us where
[1:59:05]
we need parks?
[1:59:08]
I am former board member of
[1:59:10]
parks and rec.
[1:59:11]
I will say I trust parks and rec
[1:59:15]
to tell us where we need parks.
[1:59:18]
>> those parks are all open to
[1:59:18]
the public.
[1:59:20]
They are public parks.
[1:59:23]
>> the developer could not meet
[1:59:25]
need for public park through
[1:59:27]
private open space?
[1:59:30]
>> correct, correct.
[1:59:32]
>> anything else to add?
[1:59:33]
>> thanks for working on this.
[1:59:37]
You both have big stacks there.
[1:59:38]
Highlights and tabs.
[1:59:41]
You took a look at it.
[1:59:42]
>> yeah, yeah.
[1:59:47]
Talking about windows in the
[1:59:49]
district for remodels.
[1:59:53]
The devil is in the details as
[1:59:56]
you see a little word change.
[2:00:03]
>> it was not our intent nor was
[2:00:04]
it my belief reducing amount of
[2:00:05]
parks we were going to have in
[2:00:07]
the city.
[2:00:09]
>> there are things like the
[2:00:10]
laws fire mitigation.
[2:00:14]
A lot of times when we have
[2:00:15]
these piecemeal also talking
[2:00:18]
about three properties that are
[2:00:18]
unique.
[2:00:21]
It needs to be part of bigger
[2:00:22]
discussion.
[2:00:25]
Fire mitigation plan, shouldn't
[2:00:27]
do it piecemeal through this and
[2:00:28]
that.
[2:00:29]
Every planning commission
[2:00:32]
meeting we bring up diversity of
[2:00:34]
neighborhoods to get it
[2:00:35]
commercial.
[2:00:36]
If that is something the city
[2:00:37]
council wants planning
[2:00:40]
commission to look into, huge
[2:00:42]
concern about commercial areas
[2:00:52]
going away and having the
[2:00:53]
neighborhoods.
[2:00:54]
>> we are not allowed to because
[2:00:57]
we are required to follow city's
[2:00:58]
work plan.
[2:01:00]
>> outcome of work session we
[2:01:01]
have.
[2:01:02]
>> you can tell us to do it.
[2:01:06]
We can't tell you to do it.
[2:01:13]
We can ask you to tell us.
[2:01:15]
>> thank you for bringing that
[2:01:17]
up and for being here and
[2:01:19]
speaking with us tonight.
[2:01:21]
Appreciate that.
[2:01:23]
>> anything you want to clarify
[2:01:29]
before we deliberate?
[2:01:32]
>> I wanted to share what the
[2:01:35]
master plan is for connectivity.
[2:01:39]
It reads multi-modal connections
[2:01:40]
must be divided on site in
[2:01:45]
compliance with city of bend
[2:01:47]
transportation plan and parks
[2:01:50]
recreation and green pace plan
[2:01:52]
and existing plans and trail
[2:01:56]
systems adjacent to master plan
[2:01:58]
must be continued through entire
[2:01:59]
master plan separate from open
[2:02:00]
space.
[2:02:02]
They have to meet connectivity
[2:02:07]
through aligning with tsp, bend
[2:02:09]
park and rectrail plan and
[2:02:13]
providing the connectivity.
[2:02:14]
>> the transportation system
[2:02:18]
plan is public.
[2:02:18]
>> okay.
[2:02:21]
We can move into deliberation on
[2:02:23]
the package.
[2:02:24]
Pauline we need to see the
[2:02:29]
amended motion, I think.
[2:02:30]
Any further discussion for
[2:02:31]
council?
[2:02:35]
I want to clarify our code right
[2:02:37]
now since 2017 have the ability
[2:02:40]
for master plan neighborhoods to
[2:02:43]
have private open space, public
[2:02:45]
open space or combination of
[2:02:45]
both.
[2:02:49]
What we have seen is usually
[2:02:50]
combination of both.
[2:02:52]
Park area we see parks in the
[2:02:54]
master plan areas.
[2:02:56]
This change tonight is not
[2:02:58]
changing what has been happening
[2:02:59]
since 2017.
[2:03:03]
Not creating that.
[2:03:06]
That d was not in the code until
[2:03:11]
2023 specifically to deal with
[2:03:15]
what pauline was worried someone
[2:03:15]
might claim was open space.
[2:03:18]
We want people to access open
[2:03:20]
space depending on the ownership
[2:03:21]
of the open space.
[2:03:24]
I am comfortable moving forward
[2:03:25]
tonight.
[2:03:26]
Bigger conversation to have
[2:03:29]
about master plan code and about
[2:03:32]
this public private open space
[2:03:33]
thing we can't resolve tonight.
[2:03:35]
This is cleanup palm lean is
[2:03:37]
trying to make clear to
[2:03:39]
to remove
[2:03:40]
in consistency.
[2:03:43]
I am willing to have bigger
[2:03:46]
conversation as we look towards
[2:03:47]
the growth plan.
[2:03:49]
I think that fits very well in
[2:03:50]
there and we can look at the
[2:03:52]
policy ramifications of how open
[2:03:55]
space is defined currently.
[2:03:57]
I think what we have got tonight
[2:04:02]
is a cleanup inconsistent part
[2:04:03]
of statute added two years ago I
[2:04:05]
am okay with cleaning that up.
[2:04:07]
The rest of the package makes
[2:04:08]
sense to me as well.
[2:04:11]
I want to acknowledge, yes, when
[2:04:14]
people saw that in truncated
[2:04:17]
form in package it is alarming
[2:04:18]
no public open space.
[2:04:21]
That is not what this means
[2:04:22]
tonight.
[2:04:23]
Any other thoughts.
[2:04:25]
>> I would be interested in
[2:04:27]
having the larger conversation
[2:04:29]
at some point in the future.
[2:04:31]
I think there is in some cases
[2:04:34]
there have been incidents where
[2:04:36]
developer has provided private
[2:04:39]
open space that they have been
[2:04:42]
turning to the park district and
[2:04:42]
besiege them to take over
[2:04:45]
because they can't afford to
[2:04:49]
maintain it or already used
[2:04:49]
cheap playground materials.
[2:04:51]
I would like to have that
[2:04:53]
conversation when keeping
[2:04:54]
neighborhoods open.
[2:04:55]
Also recognizing there are
[2:04:57]
certain amenities that are
[2:05:00]
probably better kept private.
[2:05:01]
Things like private pools.
[2:05:04]
There is more to this
[2:05:04]
conversation tonight.
[2:05:08]
I think we also have I want to
[2:05:10]
see us have the best connected
[2:05:11]
neighborhoods we can.
[2:05:14]
I think that you characterize
[2:05:16]
this accurately.
[2:05:18]
Not a big change.
[2:05:20]
Policy neutral.
[2:05:21]
Let's have that conversation
[2:05:22]
another night.
[2:05:26]
>> other comments?
[2:05:29]
>> no, that is it for public
[2:05:30]
testimony.
[2:05:34]
>> I would like to make a
[2:05:38]
proposal on the asi and the fuel
[2:05:39]
reduction.
[2:05:40]
I did notice in the public
[2:05:42]
testimony from parks district
[2:05:46]
and in conversation with coid
[2:05:49]
that exempting public agencies
[2:05:51]
from having to go through land
[2:05:53]
use for fuel reduction on public
[2:05:55]
land they are chartered to
[2:05:58]
maintain on behalf of the public
[2:06:03]
and trust seems like an
[2:06:06]
excessive sort of jurisdictional
[2:06:06]
oversight.
[2:06:08]
In sort of out of respect for
[2:06:12]
those agencies responsibility to
[2:06:17]
all constituents I would favor
[2:06:23]
exempting public agencies from
[2:06:24]
fuel.
[2:06:28]
>> it is a lot of acronyms.
[2:06:30]
Exempting public agencies on
[2:06:31]
public land.
[2:06:33]
>> is that something we didn't
[2:06:36]
have that asked to planning
[2:06:36]
commission.
[2:06:38]
Is that something planning
[2:06:41]
commission discussed around
[2:06:43]
exemption versus type one
[2:06:43]
process?
[2:06:48]
>> it was briefly discussed.
[2:06:50]
Also mentioned that the city
[2:06:52]
also goes through the process.
[2:06:56]
We don't exempt ourselves.
[2:07:00]
It did not go much further than
[2:07:01]
that.
[2:07:04]
>> I think park and recreation
[2:07:05]
district offered that.
[2:07:08]
>> probably in public letter.
[2:07:10]
>> they raise that request.
[2:07:12]
>> planning commission did not
[2:07:13]
recommend that?
[2:07:17]
>> I do notes believe planning
[2:07:18]
commission made that
[2:07:18]
recommendation.
[2:07:20]
>> I am seeing nods from
[2:07:20]
planning.
[2:07:22]
Do you want to explain why you
[2:07:23]
didn't make that recommendation
[2:07:28]
at the podium?
[2:07:31]
>> we had a recent interaction
[2:07:34]
with parks and rec about
[2:07:35]
development where they were
[2:07:37]
removing a lot of trees.
[2:07:39]
We felt it was excessive during
[2:07:40]
planning commission because it
[2:07:42]
was along the river.
[2:07:43]
We had oversight.
[2:07:45]
It required a lot of work to get
[2:07:46]
trees retained.
[2:07:49]
Our feeling was there is a value
[2:07:51]
in having public process to look
[2:07:53]
at the resources in our
[2:07:55]
community that ones they are
[2:07:58]
gone they are gone for our
[2:08:00]
lifetimes.
[2:08:01]
When pauline explained city is
[2:08:04]
required to go through same
[2:08:07]
process we didn't feel it was
[2:08:10]
appropriate to allow others to
[2:08:12]
have a different process than
[2:08:15]
what the city held itself to.
[2:08:16]
>> thank you for that
[2:08:16]
information.
[2:08:18]
Other discussion on this topic
[2:08:19]
from council?
[2:08:21]
>> we hold the city to the same
[2:08:24]
process requirements we hold the
[2:08:27]
special districts.
[2:08:32]
>> in favor of exempting the
[2:08:33]
city as well.
[2:08:35]
I trust the city staff and these
[2:08:38]
other public agencies they are
[2:08:39]
consulting professionals
[2:08:40]
including fire department and
[2:08:46]
the county forester and wildfire
[2:08:49]
experts in determining the
[2:08:50]
fields.
[2:08:52]
More fields they remove more
[2:08:57]
expensive the project is.
[2:08:59]
>> is there other support for
[2:09:00]
that idea?
[2:09:04]
I see show of hands if there is
[2:09:04]
support.
[2:09:06]
>> I feel like it is a lot to
[2:09:07]
consider right now.
[2:09:10]
I am working through having been
[2:09:13]
former parks board director
[2:09:15]
thinking about the projects,
[2:09:17]
tree removal in drake park
[2:09:19]
where, yes, city is partner
[2:09:20]
involved in that.
[2:09:23]
I feel like I am not able to
[2:09:26]
resolve that question right now.
[2:09:27]
>> the drake park removal
[2:09:29]
related to development not fuel
[2:09:29]
reduction.
[2:09:32]
This is just fuel reduction we
[2:09:35]
are talking about here.
[2:09:37]
>> sounds like there is not
[2:09:39]
support to add that to the
[2:09:40]
motion at this time.
[2:09:44]
Do you want to make the motion
[2:09:45]
pauline has on the screen.
[2:09:46]
>> I move for first reading
[2:09:48]
ordinance amending bend
[2:09:53]
development codes bdc title one
[2:09:55]
introduction title two land use
[2:10:00]
district title 3 design title 4
[2:10:01]
aplie kiss and title 5 make
[2:10:02]
changes to standards and
[2:10:04]
processes and amending
[2:10:08]
definitions and sections 4.1.600
[2:10:11]
deschutes river design review
[2:10:14]
procedures.
[2:10:15]
2.7.7 0 upland areas of special
[2:10:18]
interest overlay zone and
[2:10:23]
4.5.200 community master plan as
[2:10:23]
presented.
[2:10:24]
>> second?
[2:10:25]
>> second.
[2:10:25]
>> all right.
[2:10:29]
Moved by councilor mendez.
[2:10:33]
Second by councilor platt.
[2:10:34]
Further discussion.
[2:10:35]
In favor aye.
[2:10:37]
Any opposed?
[2:10:39]
All right unanimously passed.
[2:10:41]
Identified issues for the
[2:10:41]
future.
[2:10:43]
Thank you to the planning
[2:10:46]
commission and everybody that
[2:10:47]
wrote in with comments.
[2:10:49]
If you have further questions or
[2:10:50]
input send those to us.
[2:10:52]
We want to have that bigger
[2:10:54]
discussion about open space
[2:10:54]
continuing.
[2:10:57]
We thank you for being here.
[2:10:58]
Okay.
[2:11:03]
We are on to item 6.
[2:11:04]
Councilor platt go ahead.
[2:11:06]
>> as school district employee I
[2:11:09]
will recuse.
[2:11:10]
>> councilor platt steps off.
[2:11:11]
Item 6.
[2:11:13]
>> second reading of ordinance
[2:11:16]
to amend the comprehensive plan
[2:11:21]
and re-zoning 1 point 3 acres
[2:11:26]
adjacent to pacific crest middle
[2:11:28]
school you ar10 to residential
[2:11:32]
urban medium density rm.
[2:11:32]
>> notion and second.
[2:11:34]
>> move second reading adoption
[2:11:39]
by roll call vote amending bend
[2:11:42]
map to redesignate rezone
[2:11:44]
approximately 1.93 acres of land
[2:11:49]
in northeast portion of the lot
[2:11:56]
1711 5d00300 from urban reserve
[2:11:59]
uar-10 to residential urban
[2:12:01]
density rm.
[2:12:01]
>> second.
[2:12:05]
>> moved by norris.
[2:12:07]
Second mendez.
[2:12:07]
>> frances.
[2:12:11]
>>, riley, mendes, norris.
[2:12:12]
>> kebler.
[2:12:12]
>> yes.
[2:12:20]
>> that will get councillor
[2:12:21]
platt back and do the city
[2:12:22]
manager report.
[2:12:25]
>> I want to highlight
[2:12:25]
performance metric.
[2:12:27]
We walked through council goals
[2:12:29]
at last meeting and new
[2:12:33]
dashboard in place.
[2:12:34]
Just remind council aggressive
[2:12:41]
goal for housing units 3942 over
[2:12:41]
biennium.
[2:12:43]
35% increase over last couple
[2:12:45]
years.
[2:12:46]
Numbers load up every night from
[2:12:50]
the system.
[2:12:53]
Permitted 901 housing units
[2:12:55]
since fiscal year.
[2:12:57]
Where we are in the fiscal year
[2:12:59]
that was noteworthy.
[2:13:03]
I want to qualify.
[2:13:07]
We want to watch it closely.
[2:13:11]
901 for housing units.
[2:13:13]
I think that is good news I
[2:13:16]
wanted to share there.
[2:13:18]
On construction project updates.
[2:13:21]
Franklin we switched traffic
[2:13:21]
today.
[2:13:24]
One lane now eastbound traffic.
[2:13:25]
Project on track to be finished
[2:13:29]
by end of year.
[2:13:32]
Bear creek opened couple legs
[2:13:33]
private development that will
[2:13:35]
open by end of the week.
[2:13:37]
Going well.
[2:13:41]
Additional closures for paving
[2:13:42]
that is going well.
[2:13:45]
Holding on the only project with
[2:13:49]
ems still planning to do work in
[2:13:50]
NOVEMBER.
[2:13:51]
Thing are on track with that.
[2:13:53]
I will let you know if something
[2:13:54]
changes.
[2:13:56]
I want to hand out budget in
[2:13:56]
brief.
[2:13:58]
This is an effort by a number of
[2:13:59]
staff.
[2:14:03]
Thank you to communication
[2:14:07]
staff, city manager office,
[2:14:09]
roger policy analyst and finance
[2:14:10]
staff.
[2:14:12]
really taking a deeper dive.
[2:14:15]
This is 600 page document that
[2:14:19]
you all approved in JUNE
[2:14:21]
distilled into a couple pages
[2:14:23]
includes accomplishments and
[2:14:24]
goals this year.
[2:14:27]
How the process works, budget
[2:14:29]
process works.
[2:14:33]
Includes new faq for question
[2:14:34]
section to hit the top line
[2:14:35]
questions the community has
[2:14:36]
about resources.
[2:14:39]
It is an effort to live up to
[2:14:43]
that value of transparency and
[2:14:47]
fiscal stewardship.
[2:14:49]
Hot off the press and on the
[2:14:49]
website.
[2:14:52]
Fairly expensive to print.
[2:14:54]
The more online the better.
[2:14:56]
We have a couple printouts.
[2:14:58]
If you are speaking in front of
[2:15:00]
groups and want to hand this
[2:15:14]
out, just let us know.
[2:15:14]
>> 432?
[2:15:15]
>> you can get that online.
[2:15:17]
>> I see the new brand showing
[2:15:18]
up in here.
[2:15:21]
>> this is a test run of some of
[2:15:26]
what that looks like.
[2:15:28]
>> rob is going to talk about
[2:15:30]
the proposed review process for
[2:15:32]
city manager.
[2:15:35]
>> thank you, mayor kebler.
[2:15:38]
Good evening, city council.
[2:15:39]
Purpose for my visit tonight is
[2:15:42]
to propose and kickoff the 2025
[2:15:44]
city manager review process.
[2:15:46]
I sent packet to council
[2:15:47]
yesterday afternoon.
[2:15:49]
If you did not receive them I
[2:15:54]
have paper copy here for you.
[2:15:57]
The last review was done in MAY
[2:15:59]
of 2024.
[2:16:02]
They occur every 12 to 24 months
[2:16:04]
since I have been here for
[2:16:06]
approximately 15 years.
[2:16:11]
The purpose of review correlates
[2:16:12]
performance with council
[2:16:15]
priorities and prerogatives.
[2:16:17]
Part a is city manager review
[2:16:21]
form housed in appendix in the
[2:16:21]
document.
[2:16:23]
Second performance measures
[2:16:26]
aligned with council goal also.
[2:16:27]
Accomplishments tied to goals.
[2:16:30]
This is council's process.
[2:16:31]
I am here to help administrator
[2:16:37]
it and support council.
[2:16:39]
I proposed steps and timelines.
[2:16:42]
They are substantially similar
[2:16:45]
to the process that occurred
[2:16:47]
over a decade since I have been
[2:16:49]
with the city.
[2:16:51]
NOVEMBER 5 kickoff of process.
[2:16:55]
Council takes a look and says,
[2:16:56]
yes, proceed forward.
[2:16:58]
Between 6 and 18 of NOVEMBER is
[2:17:02]
time allowed for council to
[2:17:05]
solicit feedback from staff and
[2:17:05]
stakeholders.
[2:17:08]
B is listing of direct and
[2:17:10]
indirect reports of city
[2:17:10]
manager.
[2:17:13]
On NOVEMBER 19 I will e-mail out
[2:17:17]
an additional resource document
[2:17:18]
to council which will contain
[2:17:22]
city manager's self-assessment,
[2:17:24]
two-parts, goal status and
[2:17:26]
supplemental information as well
[2:17:29]
as review form.
[2:17:31]
Review form is attachment a.
[2:17:33]
That form how it works each
[2:17:37]
councilor completes their
[2:17:39]
quantitative assessment on the
[2:17:41]
form, sends back to me.
[2:17:43]
I compile results to single
[2:17:44]
document.
[2:17:46]
Council's voice of the city
[2:17:47]
manager assessment.
[2:17:49]
I will talk about that in a
[2:17:51]
second at the last date.
[2:17:54]
That is currently scheduled for
[2:17:55]
DECEMBER 3.
[2:17:57]
Three step process.
[2:17:59]
Step one council convenes in
[2:18:01]
executive session and looks at
[2:18:05]
results of those assessments on
[2:18:06]
attachment a.
[2:18:08]
I will compile those into
[2:18:09]
composite rating.
[2:18:12]
council reviews that and has
[2:18:12]
discussion.
[2:18:14]
Council drafts the public
[2:18:17]
statement during that executive
[2:18:17]
session.
[2:18:18]
Step two.
[2:18:20]
City manager enters into
[2:18:21]
executive session for discussion
[2:18:23]
of work performance directly
[2:18:25]
with council.
[2:18:27]
Finally, step three is council
[2:18:29]
presents public statement as
[2:18:31]
previously drafted in exec
[2:18:33]
session and come posssive
[2:18:35]
ratings and authorizes and
[2:18:36]
discussions modifications to
[2:18:37]
employment agreement.
[2:18:39]
That all happens in one council
[2:18:41]
meeting between exec session and
[2:18:43]
regular business session.
[2:18:44]
Three attachments.
[2:18:47]
Proposed review form, direct
[2:18:49]
indirect report contacts and
[2:18:52]
some sample questions to spur
[2:18:53]
conversation or thinking about
[2:18:55]
what to ask folks.
[2:18:57]
With that I am open to any
[2:18:59]
questions or feedback from
[2:19:00]
question.
[2:19:03]
>> quick note before questions.
[2:19:04]
All
[2:19:07]
I have spoken to you and
[2:19:09]
answered questions related to
[2:19:12]
concerns raised by departing
[2:19:12]
employee.
[2:19:16]
City is conducting third-party
[2:19:16]
review.
[2:19:18]
Our goal and we will meet it to
[2:19:20]
get that done in NOVEMBER.
[2:19:22]
To the extent that is
[2:19:25]
information relevant to the
[2:19:28]
process rob is describing
[2:19:29]
council will have that.
[2:19:32]
>> prior to DECEMBER 3 executive
[2:19:32]
session?
[2:19:34]
>> correct.
[2:19:35]
>> thanks, rob for overview.
[2:19:37]
Any questions about this?
[2:19:39]
If it wasn't clear how we have
[2:19:41]
done this the past few times i
[2:19:44]
have done it we divide up the
[2:19:46]
direct report contacts and
[2:19:51]
schedule on our to talk with
[2:19:52]
those folks using the questions
[2:19:53]
rob used you are not limited to
[2:19:54]
those.
[2:19:56]
Bringing notes back to the
[2:19:59]
meeting where we discuss eric's
[2:20:00]
performance and what we heard
[2:20:03]
from folks we talked to that
[2:20:05]
worked in the past to speak to
[2:20:08]
the direct reports from our
[2:20:08]
perspective.
[2:20:10]
Any other questions?
[2:20:11]
>> can you elaborate more.
[2:20:15]
This is your e-mail yesterday
[2:20:16]
the first I heard of the timing
[2:20:20]
of this processor what it would
[2:20:20]
entail.
[2:20:21]
Can you just explain maybe why
[2:20:24]
the timing was chosen?
[2:20:26]
>> I take direction from the
[2:20:27]
mayor.
[2:20:29]
The mayor and city manager
[2:20:31]
discussed this is a good time to
[2:20:35]
conduct it in the normal 12 to
[2:20:37]
24 months so it was scheduled.
[2:20:40]
>> we had done it in MAY
[2:20:41]
previous year.
[2:20:44]
With two new councilors.
[2:20:47]
I thought 10 months to work with
[2:20:50]
eric to use that with your
[2:20:52]
evaluation.
[2:20:52]
>> not uncommon from previous
[2:20:55]
experience, too.
[2:20:56]
>> I am not familiar.
[2:21:00]
I see in our DECEMBER meeting we
[2:21:04]
will talk about the city manager
[2:21:05]
manager's employment agreement.
[2:21:07]
Has that been shared with us.
[2:21:09]
Can you share that with us so we
[2:21:12]
can be familiar with it?
[2:21:13]
>> absolutely.
[2:21:14]
>> lastly, I would probably ask
[2:21:19]
for a little bit extended
[2:21:22]
timeline to receive this
[2:21:23]
third-party investigation report
[2:21:26]
before moving forward with that
[2:21:28]
DECEMBER 3rd meeting.
[2:21:30]
I would ask we schedule the
[2:21:32]
actual meeting once we have the
[2:21:35]
report in hand and determine if
[2:21:36]
there is any further
[2:21:38]
conversations we want to have
[2:21:41]
with staff or stakeholders or
[2:21:42]
further investigation if there
[2:21:44]
is anything in that
[2:21:44]
investigation report.
[2:21:47]
>> I think that would be wise to
[2:21:48]
hold that executive session on
[2:21:49]
the third.
[2:21:49]
If
[2:21:52]
if that is the discussion to say
[2:21:54]
we are not following through
[2:21:55]
with this today or finish this
[2:21:58]
today and need more time we can
[2:21:58]
do that.
[2:22:00]
I don't want to lose that
[2:22:01]
opportunity to move forward in
[2:22:03]
DECEMBER before the end of the
[2:22:04]
year.
[2:22:04]
>> absolutely.
[2:22:06]
>> I am fine with that if the
[2:22:07]
rest of council is.
[2:22:10]
>> I think that we need to be
[2:22:12]
open to that.
[2:22:13]
That is a piece of information
[2:22:15]
to inform the discussions we
[2:22:17]
would essentially extend the
[2:22:18]
discussion to the following
[2:22:20]
week's work session or the
[2:22:21]
following business meeting.
[2:22:24]
Whatever makes sense timing
[2:22:24]
wise.
[2:22:25]
>> we have the option to do
[2:22:26]
that.
[2:22:29]
>> that would be an outcome of
[2:22:30]
executive session.
[2:22:34]
>> any other questions?
[2:22:38]
>> I will pull names out of the
[2:22:41]
hat and divide up reports to
[2:22:42]
send to everybody who to talk
[2:22:42]
to.
[2:22:45]
Take it upon yourselves to reach
[2:22:50]
out to those folks and schedule
[2:22:52]
time 20 to 30 minutes to talk
[2:22:55]
with folks to get the ball
[2:22:57]
rolling in next couple weeks for
[2:22:58]
the executive session.
[2:23:01]
>> how many meetings per
[2:23:02]
councilor?
[2:23:03]
>> around two or three
[2:23:06]
department heads.
[2:23:10]
>> I did two.
[2:23:11]
>> standard questions.
[2:23:12]
>> rob has example questions.
[2:23:14]
Your conversations with not
[2:23:16]
limited good prompts to get
[2:23:17]
information.
[2:23:24]
I invite folks to look at the
[2:23:26]
rubric and think of questions to
[2:23:27]
fill that out.
[2:23:30]
Thank you, rob, appreciate it.
[2:23:31]
>> that is it for the meeting
[2:23:32]
tonight.