[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] >> [1:04:23] . [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 [1:09:32] - [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.