thanks everyone for your patience as we get going here we have an executive session that ran a little over shield let me know when we're ready to go. We're on line. Okay, great. So we will call our bend City Council Business Meeting to order let's start with our roll calls start with you, counselor Norris.
Megan Norris she
her. Mike Riley he him Megan
Perkins she
her Melanie Kibo she
her Anthony Robin he him.
Arielle Mendez, he
him. Barb Campbell. She hurt. Okay,
great. And then we have counselor Norris with our land acknowledgement.
Yes, the density council would like to thank the Confederated Tribes of Warm Springs for offering this land acknowledgement for us to read during our meetings. We encourage everyone watching to learn about the indigenous people whose homelands we occupied. We would like to acknowledge that the beautiful land known as Bend Oregon north to the Columbia River is the original homelands of the Confederated Tribes of Warm Springs. the Confederated Tribes ceded this land in the Treaty of 1855 while retaining regular and customary hunting, fishing and gathering rights. The One A llama Warm Springs Wasco Wasco and the Northern Paiute people inhabited this area in certain seasonal times that clearly establish their presence. It is also important to note that the Klamath trail ran north through this region to the great summer a Little Falls trading grounds. This trade route expanded the impact of commerce between tribal nations we acknowledge and thank the original stewards of this land. It is our hope that guests continue to honor and care for this land.
Thank you, Councillor Norris. So moving on to good of the order. We have a proclamation. Councilman Davis.
Thank you. Oh, this proclamation is for the World Day of Remembrance for road traffic victims. The World Day of Remembrance for road traffic victims is commemorated on the third Sunday of November each year, whereas 1,350,000 People lose their lives and traffic crashes across the world each year. Whereas the United States motor vehicle crash death rate is the highest among all high income countries. Whereas the United States motor vehicle crash death rate is 2.3 times higher than the average of high income countries. Whereas people continue to die or be seriously injured in traffic crashes. In bend every year. Whereas the traumatic aftermath of these injuries and deaths is especially heavy for survivors, their families, communities of color, first responders and health providers, whereas the Centers for Disease Control and Prevention observes these deaths and injuries are preventable. Now therefore, we the City Council of Bend, Oregon hereby proclaim November 19 2023 as the World Day of Remembrance for road traffic victims, we call upon all community members to center safety and to end victim blaming in order to save lives and prevent serious injuries.
I have to accept this proclamation. Second.
All right, Moved by Councillor Campbell seconded by Councillor Reilly. All those in favor? All right. Great. And I think we have some folks from Ben bikes here to accept the proclamation. Do you want to step up and to have a seat here? But you just to say a couple words, and then we'll bring the proclamation down and take a photo. Okay.
Hello, my name is Elisa Chang. I'm the president of Penn pikes, my pronouns are she her? I want to thank you for reading this proclamation and acknowledging the world remembrance of road traffic victims stay in Bend this year, we are on track for having the most road traffic crashes of any year ever. At this time when our most vulnerable community members like children are being killed and injured. In traffic crashes now is the most important time to take action on these kinds of days of remembrance. We are holding we will be reading this proclamation again on peace corner on Sunday, the 19th at noon, and that will be followed by a short remembrance moment of silence and a short ride where we will be acknowledging the deaths that have happened in Bend this year. Thank you for your work on making our roads safer for everybody as we know that safe infrastructure is the only thing that will save these lives going forward.
Thank you.
Loosen
Thank you sir.
Can I Can I invite our he as chair of the bend MPO Would you read this proclamation or meeting this Friday for good of the order at the bend of human being as well? Yes. I'll send you an official invitation. And if anyone was from Ben pikes would like to attend that meeting as well. It's Friday at noon. Thank you. Thanks. Yeah, thanks. Yeah. Okay.
Thanks for being here. Alright, that will move us on to the visitors section. So we have a lot of people signed up tonight, both online and in person. And so just want to make sure everyone is aware this time is for speaking to council on city business matters. It is not a time to talk about any land use issues that are closed or public hearings. that have not been opened. We don't have any public hearings tonight. Yes, so everyone can speak during the comment. You will have two minutes to speak. We'll have you come up to the mic here. In person you'll have this sort of red, yellow, green, green means go yellow means you have about 30 seconds left in red means wrap up. If you're online, we will pull up a two minute timer for you. Please respect the time we have a lot of folks here to sign up to talk so we want to give everyone the opportunity. The other thing I wanted to point out was making sure that you're following our council rules about respectful dialogue. We asked that one you address the whole council as a body not individual members. We want this to be a welcoming, inclusive place for speakers so no clapping no booing just let people say their piece. And there's no place here to level personal tax threats disrupt the meeting use obscene vulgar or discriminatory language or in any way discourage anyone else from participating. We are here to listen to you and have you give us our input today and I don't think you'll have any issues with any of these roles hopefully. So I'm going to start with a few in person people before we go to our zoom callers. Richard and I can't read your last name regard. Yes. Come on. I've got your pastor. So we're sitting in front of the mic and we'll start your comments by saying your name and whether you live in this in the event.
I'm not from here. My name is Richard regard. And my problem is I tried to get out of here. And I talked to this guy. He gave me a number. This the same number already called and he told me Yeah, so I don't know where your resources are. But I tried to hit it out and they brought me back. So here I am stuck here going. I don't get it. Okay. That's helped me out and to hear I see all kinds of messed up shit here. Okay, but I got a cop chasing me around where I got to like her whole bunch of stuff to stay warm. So I need a shopping cart. And it's like, I'm not gonna steal the thing. I'm not gonna take it with me. I just need it while I'm here. And they take it away and maybe I'll have difficult. It's like, what don't they have a better thing or do I see all kinds of things they could be doing besides harassing me? I mean, them two things. I'm just trying to get hired. And why won't they think me the hell? Oh, magic. Okay. Can you help me out? You got any resources for me? Direction and phone number shove it. Yeah, we can
look at helping you find some of those things. But your public comment time has ended. So okay, because
I'm sure that's all I want to know. We are here to talk with
us. Yeah. Thank you, Amy. Thank you. Yes. Great. Okay. So let's do we have a lot of folks here about electrification online and in person. So I'm gonna go through those and we'll, we'll try to alternate to do a couple in person as well as a couple of attendees. So let's start with you gotta write this better for me, folks. Brenda Bianca Reese, let's say your name is Brennan. Brennan. Okay. Random breeze. Let's start with you. And we'll have Amelia coming up next, and then we'll go to a couple of zoom callers.
Hey, hi, my name is Brandon Breen him. I'm Ben resident. I work as an engineer in the energy sector. And I'm also a volunteer with 350 Deschutes are on their electrification campaign. I'm here to urge you all to direct city staff and the ECC to pursue electrification policies. In line with the letter submitted by the YCC on Fridays for future bands on September 15, after the global climate strike, NOx VOCs and particulate matter generated from the combustion of natural gas from home appliances has been directly linked to negative health outcomes by various health organizations. Vulnerable Groups like children, pregnant women, and the elderly are especially susceptible to these pollutants. And electric alternatives like heat pumps and electric heaters protect our community members from air pollution and are more energy efficient. They can also significantly reduce emissions from energy use in our buildings which account for over 50% of Ben's energy or total emission footprint. So the electrification of buildings is a low hanging fruit and an essential opportunity to meet emission reduction goals established in the CCAP. So thank you for your time and appreciate all the work you do. For the community.
All right, Amelia. DeVos.
Gosh, sorry.
Um, good evening, Council. Thank you so much for this opportunity to speak. My name is Amelia Dubose. I'm 16 and I've lived in band for 11 years. I'm with Friday's for future band and Deschutes Youth Climate Coalition. I'm very concerned about the climate crisis. I'm a firm believer that we need to transition off fossil fuels which are directly harming the environment and helping safety of our communities, especially frontline communities, youth and band across and across the nation are calling on leaders to take quick and effective action now. Bend if elected officials can lead in the fight to better our communities by tackling the ECC to create a comprehensive plan to electrify the city and raising the right of way fee to 10%. These would be such great steps to electrify the bend, electrified bend and ultimately build a Livable Future. So thank you so much. Yeah.
All right. For the folks that are online. If you are here to talk about the same subject electrification, can you please raise your hand and zoom to make it easier for us to find you, and we'll start working through those folks. I had, I think Camden Hendricks may be signed up on this topic as well. So please raise your hand and we'll get we'll start going through our folks on Zoom. If we can get the online timer up. Thank you. And let's start with Freddie has been in Georgia, Georgia.
Sorry, having trouble finding him is he he's
got his hand up. He should be at the top of the list. Yeah. Can you hear me? There you go. We can hear you Freddie. Go ahead.
Awesome. Hello, and thank you for this opportunity to speak. For those who don't know, I'm Freddie Fannie Judit. I'm 21 I've lived in bend on my wife and I am part of Deschutes Youth Climate Coalition. Council. I've given comments like this at a number of your meetings now. Sorry, each time I mentioned September 15. The day youth climate activists teamed together to hold the global climate strike in Bend are part of a global effort to call for action on the climate crisis. On September 15, we sent you a letter it called on the city to take immediate action toward electrifying and to start that action within 60 days. Today is Day 60. Council you have not been idle. Many of you have agreed to meet with youth activists to hear our concerns. And I really appreciate that. From those meetings. It is clear that you've been looking into this issue and how the city should act. I appreciate that too. I know council was working on a response to our initial letter. I appreciate that as well. What we need now is bold, comprehensive action. Here's my suggestion, pass a resolution testing the Environment and Climate Committee. With drafting policy proposals to electrified bend and to present those proposals to council. The best resolution a bold comprehensive one would direct the ECC to look into new and existing buildings it would give them it would direct them to present proposals for a just transition fund. So low income households are not burdened and would direct city staff to work with the ACC and producing these policy options. This is the climate action we need to consider the future of bend and the future of its youth. I understand the path ahead can seem daunting, but it is the necessary option for the mid and long term. And youth climate activists like myself will be here every step of the way to help you I am thankful for what you've done so far. Counsel, I'm excited to see what you will do next. Please continue the momentum and pass meaningful climate action. And thank you again for the opportunity to speak.
Thank you for it. It's pretty
you can call in every meeting if you want. No worries. All right. So I'm just gonna stay with this topic for a bit Don't worry, I will come to other folks. So we're going to go back to in person Annie Nichols.
It's a council. My name is Annie Nichols. And I'm a resident of Bend Oregon. I'm also a part of the Citizens Climate Lobby and organize a climate tech meetup here in Berlin to catalyze climate action within our community. I work in carbon removal, so actually removing co2 from the atmosphere that we are putting in there and I am going to be brief with my comments because I don't think I'm any a youth any longer. And I think these brilliant climate activists youth are really who we should be listening to. And so what I want to do here today is encourage you to listen to the types of Freddy and Amelia and all of these young activists who are here to encourage your urgent action on this this issue. Thank you.
All right, any learning and then rollin? Because
Hello, Council, thank you for this opportunity to speak. My name is me learning. I'm 18 and a student at OSU Cascades and CSEC. I'm also part of dy CC and Fridays for future bend. I moved to bend seven years ago and was truly astonished at the beautiful ecosystems and wildlife we have in in surrounding bend. Now I'm astounded at the increase in temperature, forest fires and pollution. I've been worried about the climate crisis for a long time. The leaders of our nation bend city council and Vin City Council have a responsibility to protect our community and the beautiful wildlife that surrounds us and makes bend unique to create a Livable Future and preserve the beauty of Central Oregon the council needs to act now. This can be done by tasking the ECC to make a plan to electrify the city and raising the right of Wi Fi to 10% so we can fund this in a just way. This will help to ensure frontline communities can get the support they need. During this process and are less disproportionately affected. Thank you for your time
when I'm back
all right. So good evening, council members. My name is Ron Lucas I'm 19 and I'm part of Deschutes Youth Climate Coalition and Fridays for future band. I've lived in band for 90 years now. One of my favorite pastimes in Central Oregon has been to hike and powder board the local rivers and powder or local rivers, lakes and surrounding landscapes. And during my residency. I've watched as the Deschutes rivers and surrounding waterways get polluted with trash. The the Ben glacier at broken top slowly melting away due to greenhouse gas emissions and her yearly wildfires make me angry and scared for the well being and safety of mine and the next generation. The decisions you make now around the climate crisis will affect my future our features in fact, and cent so I urge you the council, please consider task NBCC to develop an effective plan to electrify bend and to raise the right of way fee to 10% as wait for building electrification to be equipped equitable for this for all Central Oregon Community members and residents. I am very grateful for all the work that you all have done. And I'm very excited to see where you all go forwards. Thank you for your time.
Thank you for being here. All right. Thanks, everyone. And just on this topic, we do have an agenda. It's at the end but talking about our letter outlining our plan that will go back to you all. I don't think you have to wait the whole evening. You can watch online at home if you want to and we will make sure that it is emailed out to all of your groups so that you all have that by tomorrow or Thursday. I mean Friday. Okay, great. All right, let's move on to some other commenters. Let's start with Bob peel in person and then we're gonna go back to zoom. I have copies of what I'm going to Yeah, handle is up to Sheila. Sorry, I shouldn't have Okay,
first time here.
I also have people who are going to speak on Zoom. Okay. They said
Go ahead.
Good evening Council. My name is Bob peel. I'm a resident of band. I've owned multiple properties in band over the last 20 years. And I'm here to address something in item nine in the text amendments to the development code. The text amendment will it's 20230479 text amendment will wrongfully repeal the development codes 13 foot six inch vertical clearance standards for vehicle movement on driveways, private streets, aisles, turnarounds and ramps. I say wrongfully because for the most part it will leave the city without any regulation for vehicle vertical clearances except for standards for signs and awnings. Development code 3.1 dot 400 dot j has a somewhat similar companion vertical clearance standard in the building code, but the building code differs in that it regulates only signs, sign structures and awnings. The minimum vertical clearance standard building code also differs in that it sets the bar at 14 feet six inches higher than the development code. I oppose repealing that section 3.1 400 dot j because there's nothing in the rest of the city's code system that serves the same purpose as that section. The repeal will leave the city without control over vehicle vertical clearances other than resigned science structures at Onyx. I know it's late in the game to ask this before a second reading. But I wasn't aware of this issue until just a few days ago. I respectfully ask that you remove that omission or edit in the text amendments or 3.1 point 400 point j before you vote on passing the text amendment tonight. Thank you very much for your time.
Thank you.
All right. So moving to tolerance. Let's start with the end because
you shouldn't be allowed to speak. Okay,
I'm here.
Go ahead Kansan.
Okay. Hello, my name is Camden and I would also like to speak about some concerns regarding the text amendment. As I understand it, when the text amendment goes into effect in BDC 314 100 J is repealed. new development projects will be permitted to gain land use approval without consideration of the existing 13 feet six inch vertical clearance standards for private streets, piles, turnaround areas and ramps. There would still be a review of clearances for the signs, sign structures and awnings in the building code. But the development code review for the general overhead hazards would be eliminated entirely. The explanation for the repeal is that 314 100 J is redundant. I understand that mean is duplicated elsewhere. In this case, that would be Ben code 950 100 B. However, during the hearings on this issue, there is no written or oral comparison of the two codes just a blanket statement that the development code is redundant and therefore being eliminated. However, I don't think it's actually redundant because the building code only cover signs and awnings is three 100 3d while on 400 J of the development code that covers general vertical clearances, which are things like overpasses, overhead walkways, tree branches, parking aisle, clearances and the like. At first glance, repealing one little section of the code understandably seems like a minor event, but in this case creates a significant gap in the vertical clearance codes. So before we vote tonight, I would ask that you please take a few minutes to review the criteria of 314 100 J and compare it to 950 100 be the building code. If you see what I see in the building code is extremely limited in scope. Then please move to withdraw the repeal of 314 100 J before voting on the text amendment. I respectfully request that you leave this code in fact, at least until you can analyze both codes and have a meaningful deliberation on appropriately combining them before repealing one or the other. Thank you.
Thank you Camden. I hope Yeah, please I've sent an email here. You can we we have more people that want to talk about this. I don't get all the same sub subject so we can finish with those folks and then maybe offer an explanation. Okay. And we have the papers. Yeah, I'm Sheila, could you pass down and we'll take a look at what's also been handed to us. Thank you. Okay, so for folks, I'm gonna go through a few more folks online. And then I've got I think I got everybody in person. Yes. Did I call James teal did I call that yet? Okay. Let me do a couple of zoom in and I'll come to you okay. Um, so Keith Higby on Zoom. Let's do next.
Alright, worried. Hello, can you hear me?
Yes, go ahead.
Thank you for letting me speak remotely. As you said, my name is Keith Higby. I'm a resident of the river West neighborhood and I'm also here to raise concerns about the development code 3.1 400 J. I will beat the dead horse here, because everyone's talked about the differences between the development code and building code. But what I do want to talk about is that while this seems like a technocratic issue, it could have real world impact. Primarily, it means new development projects could gain approval without a minimum vertical clearance standard that would be necessary to allow for common vehicular traffic. And why I think this is important is is as we increase development you know, as we need to build up our buildings to have delivery bays and structural entryways. Not having minimum requirements to accommodate the average height of a moving truck, box truck or delivery truck, which are all about 13 feet six inches or higher. It's going to have an unintended consequence of pushing those trucks into our streets. And I'm assuming adding congestion and traffic, which is another major challenge facing bend is not something that we all want for the city. So my ask is although this is a seemingly minor change in code, it can have an outsize impact. So my ask is we don't remove but really update the development code with realistic height requirements so we can ensure that our future development complies with the reality of our trucks today, and that we can ensure that any future development is essentially in compliance with with reality. And that's it so all I ask is that you just look at the codes and judge for yourself if they truly are redundant. Thank you for the time
okay. Also online we have Nancy Drew sharp.
Yes, can you hear me? Yes, we
can answer Go ahead.
Yes. I'm also here to speak about the text amendment to change the vertical heights regulations. And my understanding of the is that the repeal of the development code is that the language is redundant and that deleting the language simply eliminates the redundancy and shifts regulations to the building department. The problem is the building codes clearance scope is limited to awning signs, structures, and truck sign structures. And my understanding is that developed development code scope was patterned after Oh dots, vertical clearance rules, and it regulates clearance for all overhead hazards on private streets. turnarounds, aisles and ramps. But the two codes from what I can read, have even different height thresholds 14 feet and 13 feet six inches. The disparity is because of the development code standards were codified. First, when height standards were only 13 feet six inches. residential, commercial and public zones need overhead clearance protections obviously, for the common 13 Plus foot height vehicle traffic through bend. But I believe that staff made a mistake when explaining the repeal of 314 100 J to both the Planning Commission and the council. And I wish you I'd love you to please correct this mistake and remove the repeal of 314 100 J before tonight's vote. If you don't, I'm afraid that you can't fix the problem until the next code update. Meanwhile, the city will be exposed to site plan reviews that won't include regulation of overhead traffic hazards if you don't and I think that many well spoken people have talked and I would love it if you would revisit the issue. Thank you.
Thank you, Nancy. All right. Last question on this topic online. Is Corey Gillette, a quarry next
or are you there?
Can you hear me okay now?
Yeah, go ahead.
Okay, thank you. Hello, counsel. My name is Corey Gillette. I'm a resident of band. And as Ben stated earlier, I'm here to raise my concern on the slated repeal of the 13 foot six inch vertical clearances standard on page 41 of the text amendment. I'm here to advocate for the city to not only drop the repeal of 13 foot six inches vertical clearance from tonight's text amendment but to consider increasing the clearance fight to the equivalent of the bend Building Code of 14 feet for sign sign structures and awnings. Why is this important? Just as it has for the last 20 years are booming town still needs overhead safety clearances for trucks delivering everything from lumber to almost nearly daily Amazon deliveries. Many commercial and home deliveries arrive daily via the standard cabin box truck with an average height of 13 plus feet they need to be able to access various locations on a given property. And the city shouldn't remove the safeguards that keep them from crashing into overhead objects. As new residents flocked to Ben and we look to a future of higher density residential living, do we really want to remove the site plan review requirements that are similar to Oh dots like ODOT we should seek to reduce overhead collisions for big rigs and moving vans. Tall delivery vehicles and moving vans may need to access to ground floors for loading and unloading their elevators and stairways. The existing safe clearance of 13 foot six is better than none. Please reconsider your position on repealing 13 the 13 foot six inch vertical clearance before you come up with a replacement plan. If and when you look at a new plan, I urge you to raise the height standards to 14 feet for the items covered in 3.1 dot 400 J Thank you for your time. Thank you
thank you all right in person James Steele.
Hello, my name is James Steele. I'm a resident of have heard that before today. And my comments are about tonight's text amendment to delete the 613 foot six inch vertical clearance standards from the development code. But I have a little bit different take on it. At the October public meeting, or public hearing staff told the planning commission that this code is being deleted because it will be regulated through the building code at the November 1 public hearing. Staff told this council it's being deleted quote because the building code has separate requirements and we can rely on those for those standards. When a counselor commented redundancy, redundant staff responded Yep. But after spending time online and reading various development applications myself, I read a recent one in which an applicant clearly states with respect to a design not meeting current standards quote that in the event the city of Bend adopts a development code amendment to remove the 13 Six as expected prior to the issuance of a building permit the applicant requests that a lesser drive while parking be allowed through a condition of approval. In other words, the applicant expects the removal of the 13 Six to allow his non compliant design to suddenly comply. So it seems clear at least to that applicant and presumably to the development staff given the normal exchanges in a pre application process that they understand this change to be material and significant. Yet staff told this council otherwise. My own reading of these codes leads me to also believe it is a material change and it is in fact not something redundant in the codes but is in fact a unique and specific requirement. I therefore request the council not adopt this text change at all full deliberation and understanding of the true facts and position of the development staff is made clear because it clearly taken two different perspectives as they presented presented to different bodies. And the consequences of this change are fully understood, evaluated and made public. Thank you. Thank you.
Okay, um, I didn't see anyone else signed up. To talk on this topic. So with that, I would love to hear from staff one. This is the second reading tonight. So this is not our usual time to deliberate on the code. We have done that in a previous public hearing. So there's that issue and then two, if you can speak for the folks here to that to this specific issue.
Yeah, we're working on trying to identify the staff person with the correct information. So if we if you don't mind, we would if we can come back to this. I will just say that we really can't consider testimony outside of the public hearing because we we then lose the opportunity to to hear all sides of it and have it on the record. That's why we have the public hearing is so that we can have thoughtful deliberation. So we have to have, we can clarify some information for sure. And I want the technical staff to be here to do that. But we're not in a position right now to do.
Yeah, I'm just looking right now at the decision and so there the normal public notice was given on this to do cd to the neighborhoods it was it was all done and and put in the bulletin. So that's our normal process. And that's what and then we held the public hearing and as as the city manager and you pointed out when that hearing is closed, the only way to consider new testimony and evidence is if you reopen the public hearing so that everybody has an opportunity. So that would really be your option. We can give you some clarifying information on this topic. If we talk to the planning director, but you you really cannot consider anything new unless you reopen the record, which is your prerogative to do you'd have to re notice a public hearing so that you can hear from everyone on this topic and people could come and testify and then you'd have another first reading that would be your option. So my
proposal is for this when we get to this item that we can get the clarification and then Council can discuss what we would like to do. And then I don't know if there's any way the staff person is appear that we need to know that Ross is working on conducting this I would love for the folks that are here. There's someone they can talk to while they're here.
We're going to try to do that. Yeah,
I mean, the issue was really whether the building code whether it was moved to another place, and I'm afraid to get to the bottom of that issue you might need like actual testimony and every notice hearing but we'll do a look
up there. What we would like to do and thank you everyone for your input and for flagging this issue. Okay, so, moving on, let's go to Katie Brooks. is still here, I
think. Thank you.
Be the mayor and council. Thanks for having me. Katie Brooks and the CEO of the men chamber and I am here tonight to talk about the the permitting fee increase process that we have been participating in for quite a long time along with a lot of other folks wanted to extend our appreciation for to the staff specifically for and you folks for for making that process happen. It's been very fruitful. I think we've seen some improvements, measurable improvements in the time between application completion and the application issuance and we're pleased to see that we also get that you have to have money to pay for the people to give you the permit. This is a thing that has to happen. And and we've appreciated a a thoughtful approach over the years of how to go about that. But I wanted just to take a minute to talk about the pre application process. I submitted the letter. I also watched the workshop tonight and you folks had a good conversation about this and I just wanted to re reiterate the importance of really streamlining that process. Making the pre process something that's understandable. I'm the messenger we hear from a lot of your customers, whether they're builders, homeowners, businesses, whomever they are that are going through the process, that it can be very challenging and it continues to add a lot of cost and time to the project. So this is something that we believe strongly needs to still be looked at and appreciate the staffs response to that cross functional communication between your teams just making sure the right hand and left hand have some sort of conversation that as we move forward through a permitting process that there aren't conflicting information or processes that are required, clear lines of communication to be documented. And also just that customer service focus that Kahn spoke about in his presentation in the workshop, that this is something that is doable. I think that folks will complete the process more quickly if they understand it better. And we do appreciate your time on this and thanks for letting me talk.
Thanks, Katie. Got your letter as well.
All right. So let's go off and finish with our zoom callers who are still waiting. We've got three folks left. I'm gonna start with Jordan Ty, please. Go ahead, Jordan. You have the ability to unmute. Oh, can we get the timer up? Hold on a minute. Fine. Like and, um, hold on during during. Okay. There we go. All right. Oh. There it is.
All right. Hi, I'm Doreen. I've been resident of Bend most of my life. I want to commend the city for updating the airport rules regulations, standards development and leasing policy. As you know, this airport facilitates the businesses and hobbies of the wealthiest demographic, demographic and a large portion of non local students while disproportionately costing our entire community especially farms, children's health and sanity of those within a few miles of this airport. It's crucial that while you set standards and incur millions more in community costs, as well as ongoing staffing costs, you also consider the loss of outdoor open space enjoyment, the calling of wildlife and the destruction of our air quality and natural resources. This airport defies commitments to emissions reductions, increasing emissions and neurotoxins by 1000s of percentage point, you can't electrify enough to offset your airport which carries a budget that continually runs in the red. I was surprised at the forceful manner in which the airport benefactors came at the city in tonight's airport meeting. It was interesting to see a roomful of white privilege from the wealthiest demographic to demanding a premier airport with little to no cost to this exceedingly privileged benefactors. I would like to suggest that you also consider incorporating a landing fee. This would go a long way in covering costs incurred by the substantial debt you're strapping our community with, well once again serve circumventing a robust public inclusion process for Oregon statewide planning goal number one, less we mentioned loss of farm natural resources and other crucial land use planning goals. a pay to play fee structure seems the most reasonable addition to assist with that, while having the heaviest users pay their proportional share. Raising the tenant expectations and costs is also a laudable move in close storage for vehicle events starts at six to $800 a month and those units don't include all the taxpayer amenities of an airport, runway staffing or the sheer size of hangars. Those who can afford a plane should not pay less than the average job pays for a storage unit. I'm frustrated that you're once again circumventing Oregon statewide land, statewide planning goal number one was zero community input. You need robust public inclusion and education then restart the clock. The Shameless skirting of responsibility to citizens suffering under this aviation kleptocracy needs to stop. Thank you.
Thank you. All right. Gary Miller. All right, Gary. Go ahead.
You're you can unmute yourself. Think
Hello. Hello. Good. Yes. My name is Gary Miller. I'm a bend resident and have been since 1997 and an airport user and didn't want to start off this way. But I would actually love to agree with the previous caller, the airport users should pay their way and the development process should be long involved with lots of community involvement. I'm the Central Oregon Oregon Pilots Association president for the local chapter and the A O P, A ASN rep for Ben airport. I'd like to talk about the Ben airport rules and regulations update the previous caller mentioned not to talk on the merits that would take all night. This afternoon. We spent several hours at the airport, educating the city staff on many issues with that. I object to the short 30 day comment period including Thanksgiving week for the comment period. That is just not enough as the previous caller stated. Unlike of earlier comments, airport users would like to take the time and to get the rule changes right. Unlike the earlier climate committers we would like to take the time and get the rules right. Due to the inventive and novel language of the proposal but the FAA allpa are unable to comment on the proposal in the allotted time off the record. FAA personnel say that no other airport in the Pacific Northwest has a similar plan. it discriminates against airport users and will put many airport users out of business. Please delay the process. Thank you.
Thank you, Gary. Thank you in our last caller is David Dressler.
All right, David, you should be able to unmute.
David, can you hear us you should be able to unmute and go ahead and start speaking. We can't hear you if you're speaking David. So we will come back to you. Let's go to in person. Garrett Welch.
Hello, I'm Derek weld show live just outside the city of Bend and operating businesses within bend. Thank you, Manager. Thank you, councillors. Thank you, Mayor. for allowing me some time. I'm certain that you've expressed your loved ones at some point or another that you have a difficulty keeping up with the the many things that are tasked to you. I'm sure it's difficult to even read or much less understand the nuances of the policies that are placed in front of you. So much of your work is delegated. And it's entrusted to city staff who present you hopefully with quality work and vetted proposals. The Bend airport policy changes that have been drafted by city staff specifically the real estate department were made without the input of airport stakeholders despite our several requests to participate in the amendment of those policies, collaboration with stakeholders is essential to satisfy the FAA. And more importantly it represents civics please direct city staff members Matt Stewart, Sharon Lohja, Michael circuit and Tracy Williams to collaborate with airport stakeholders Thank you.
Thank you. Thank you, Robert Watkins.
Hello, I'm Robert Mach. And I'm a been resident and a licensed pilot since I was 19. A lot of things would have been cheaper. I'm opposed to the proposed changes to the airport rules and regulations. I was at the Open House earlier today and it was obvious it was drafted without much input from stakeholders. They've a number of the stakeholders said they'd be more than happy to help redraft the document one person described as a Frankenstein clearly put together from a lot of pieces and not fit or the stakeholders in Bend. The document was particularly punitive to private flight instructors, basically saying if you aren't a full fledged business full time on the airport, it's prohibited. And the way it's written it's confusing because it even makes it sound like if you were a flight instructor and Eugene, taking a student on a cross country you cannot land at band because you are not authorized. As a flight instructor to operate at band. There were a lot of concerns from hangar owners about what's going to happen to their hangar with the change of lease. The city controls the land, those buildings are put on and if they can't get their lease on the land, their buildings are worthless. And they are hard to pick up and move. And something I found particularly disturbing is it required any Aviation Club flight club operating on the at the airport to submit a Members list to the city I don't think the city has a right to ask for many member lists from any organization. That's just stepping over a lot of balance. You don't want to step two. So I hope you take the input. I think you'll get a lot of it and take those comments to heart and perhaps pulled the draft. The best thing would be to do pull the draft and start over with some true stakeholder input. Thank you. Thank you.
Thanks, Phyllis.
And then David online. We'll come back to you.
Right, thank you counselors. I appreciate the time. My name is Faye Phillips. I've been a big investment for a little bit over 25 years. I'm a private pilot. I have a small airplane. I can't afford a hangar so I want to hang on from someone who privately owns the hangar. And, frankly, I don't know what's going to happen to the position I'm in I mean, I'm learning it. I don't know if that what will happen when their lease is up. Kind of leaves me like what do I do if I have to take my airplane somewhere? I mean, I don't know Well, probably not even within central Oregon, that I'd be able to take it because of lack of hangar space. So that's a big concern of mine and also cause concern for if I wanted to buy the hanger which at this point I couldn't anyway, but if at some point I was able to come up with a deal to buy a hanger. I wouldn't feel comfortable doing it because I don't know where that will lead me to a spin you know, several $100,000 to buy something to within the time that the lease is up suddenly, oh just handle the keys to the city. And that really bothered me the way it was written that said that it's at the city's sole discretion whether they will renew the lease will take the hangar or or the stakeholder would have to remove the hangar at the expense. So basically say walks in says oh, okay, I like this hangar. I'm going to keep it give me the keys, tells the guy next door you know I don't like your hangar. So you have to tear it down at your expense and no one knows until the time the lease is up. What will happen so that's at least how it sounded to me and it's a big concern. So I hope you will reconsider and let us be at the table have some airport representation. Thank you.
So um, for all the folks speaking on the airport, I just want to give a couple of bits of information, as you know, and many of you probably went to there was an open house today at the airport and that is designed to get this sort of feedback. About the code was also told by Sharon, there's some interest in forming. As you may have mentioned, a smaller stakeholder group. I think staff is definitely open to that and would like that. There is another open house that's happening November 29 In this in this Chambers from five to 7pm that we also want to invite folks to and how that went today. Is there a present presentation at the beginning and then a presentation repeated later for folks who came later. So we do want folks to continue to give your input even through the open house through a stakeholder group or online through our public comment form on these regulations, and then maybe city manager you can explain where these are coming from and how they relate to council. Yeah,
I mean the a lot of the regulations are stemming from FAA and requirements to operate the airport and receive grants. As you know, we're receiving significant grants for air traffic control control tower among many other improvements. We want to make sure that we are in compliance we've hired an outside firm to help us really standardize our policies and procedures at the airport. And as the mayor said, we're open to some feedback, but we also need to really lean into our role as public stewards and as grant recipients of FAA.
Thank you and I am sorry, David Dressler, I did forget for a minute that you were still there. If you can unmute yourself. We will give you your two minutes as well to speak Okay, I see you're unmuted but oh, you're muted again. Yes, David, I'm sorry for whatever reason, we're not able to hear you and maybe a microphone issue on your end we would welcome you please send your comments to council all at bend oregon.gov. And also use the public comment form on our website to make sure our staff sees your comments as well. I'm sorry about the technical issues. Okay. I think that we'll lose our visitors section and we will move on to the consent agenda.
Consent Agenda
second. All right.
Motion by Councillor Riley seconded by Councillor Norris to approve the Consent Agenda. All those in favor? Aye. All right. We will move on to item six which was improving approving our employment agreement amendments for the municipal court judge, Judge Rocco, who joins us by zoom if needed. So Council previously met as we mentioned at the end of our last meeting and executive session to talk about Judge Rocco, who was our only other employee direct employee besides the city manager, Councillor Campbell and I went to observe court we also talked to the court staff and who worked directly with the judge as well as spoke to judge Rocco and found that her reviews were were excellent as far as taking care of the duties of the court working with members of our community that come into municipal court mostly on traffic violations, and especially her work, proceeding in court in a way that makes sure that they understand what's going on, know what their options are can make informed choices can go through a trial feeling like they were heard, and that she and staff are working well together to implement new programs, such as expanding the age for the young drivers program to help our young drivers. Not just answer for a ticket, but get educated improve their behavior on the road is better for all of us. So to that end, we recommended some changes to her employment agreement that are in issue summary and attached to the agenda. Councillor Campbell, is there anything else you want to add before we ask for questions from her colleagues?
I would just say what a remarkable job judge Rocco is doing for us. It was my privilege to interview and supervise the previous judge who did such great work for our community. I just had such a high standard in my mind and judge Rocco has not just met that she has exceeded expectations, in particular, her work to keep people from kind of falling into that trap where you can't afford the fine because you can't afford the fine you can't drive to work because you can't drive to work. You know, things like this can really be devastating for a person or a family. And in particular, she has designed a program to help folks with that problem problem. The thing that I just found remarkable I asked one of the clerks, I thought to myself that if someone were unhappy with the judge, if someone felt like they were not heard that they did not get justice, that the person who might hear about that is the clerk who is outside of the courtroom. Because after everyone finishes in court, they go out to the clerk. And what I found out is not only are people there, and not only are they not unhappy and grumbling and complaining, she said she thought probably as many as one out of four or five came out saying something like, Well, that was all right. That was better than I thought. And I mean, it really is remarkable the work that she's doing, and in particular, making an impact on those young drivers. Making the connection to their own lives. Why it's so important that we all follow the rules as Councillor Mendez read in the proclamation earlier. traffic fatalities. road fatalities are just such a huge problem and sadly it affects young drivers more than the rest of us. So I really am just so happy and impressed and think that she's just a remarkable ambassador for the City of Bend. So yeah, I'm really happy to recommend this new employment agreement.
Great. And then for anyone else interested and if all everyone has a roll call judge Rocco presented to us earlier this year about some of the work that she's done, and how her court is going um, so there is a pay adjustment of 4%. We did approve in this agreement and additional session to help make sure that she can move through the docket that she has. There's a lot of written docket for folks just writing in about the tickets that she has to take care of besides court as well. And those were two highlights from that agreement. So are there any questions from anyone? Okay, then I will entertain a motion.
I move to approve the employment agreement amendments for a municipal court judge Angelo Rocco as presented
second that motion. All right,
Councillor Campbell and then Councillor Mendez with a second. All those in favor?
Susie Asik. Hi.
Thank you Judge Rocco, for being on Zoom. We didn't have any questions for you. And thank you for all of your work. And happy to approve this employment agreement and keep keep it going. So all right. Hey, next is number seven approve sole source findings and authorize the city manager to enter an agreement with neighbor impact. For Rapid Rehousing direct client assistance.
Hey, hi, everyone. I'll pick it off. This is Lynn McConnell. Can you all see me on the screen? Okay, I'm your housing director and here with Amy Fraley, who is in person. We're here tonight with another great opportunity really thanks to our state and local partners. We recognize that this work would not be possible without assistance from these external providers due to budget limitations. And that said we have the opportunity to support our community members ready to transition to permanent housing. And we're really excited as this bill is a small step on the continuum. That represents a very significant step for those folks who are in fact experiencing helplessness right now. With that I'll hand it off to Amy Fraley to walk you through the uses and outcomes expected with this funding.
Evening. So I'm bringing forward this evening where we're bringing forward the sole source bindings and a contract for neighbor impact. There we go. So this is part of the Rapid Rehousing dollars that are from the grant that you approved on the first of November for 577. Five. These funds must be expended by that January 10 date in conjunction with the Governor's Executive Order. As you may have noted in the sole source findings that neighbor impact provides direct client assistance and has the capacity to work within this timeframe. They also were part of our application for these funds to CIC. This grant money will be used 200,000 towards rent deposits and arrears or clients at the navigation Center. 10,000 will be for a neighbor impact staff and 5000 for administering the program. This is another example of the continued collaboration between CIC shepherds house neighbor impacted in the city to find innovative ways to address homelessness in the community. And we're very grateful for neighbor impact in shepherds house for entering into an MOU. So this can be a part of services. If you have any questions, I'd be happy to answer any questions.
Yes, very good. I think the only thing I'll say is combining these sorts of services. With shelter and other types of housing is very key.
Absolutely very key.
And I forgot the highlighted part, which is the goal is 30 households will be transitioned. We can go back and count from the one year mark from January 10 2003. So it is still a tight timeframe. But Shepard tells the neighbor impact are optimistic that they can bring that goal to fruition. Great. All right.
Can you prove sole source parties and authorize the city manager to enter into an agreement they were impacted through the Rapid Rehousing direct assistance and substantially the form presented the council amount not to exceed 250,000
All right, Councillor Robin and Councillor Campbell seconded all those in favor, aye.
All right, thanks.
All right. I didn't eat as a second intergovernmental agreement sheets County and cities have been the pine Breadman and sisters for the coordinated analysis. Response Office. Mickey.
I just want to take a moment and recognize Councillor Broadman and Mayor Pro Tem Perkins for their work really in establishing this legislation House Bill 2123 to lead us to not just a pilot program for Ben but for eight pilot programs throughout the state and really encouraging partnerships and a new way of looking at how we address this crisis. So this really is just a part of executing that and improving service delivery and really continuing to iterate and find the best solution for our region. So I'll let Mickey talk through the details. There are a few changes to our intergovernmental agreement.
Yes, good evening, Mayor Mayor Pro Tem and councillors Vicki 13 Strategic Initiatives manager. So we are looking at for your approval to authorize the city manager to sign this second IGA The first one was signed in July of 2022. You had approved it back then. And there's been some changes since then. And so some of the changes are you've already know this that COC CIC will now be providing functional general direction of the CHR o staff and county versus the county and then there'll be a separate MOU with the county and CIC. Hopefully by the end of this month. CIC will be responsible for legal advice to CHR o staff we've added county staff liaison because they the office used to be under the county and so they didn't have a liaison so that's been added to the language. The strategic plan has been adopted and submitted to the state so that's been added to the language. We also added an exhibit one with the CHR o bylaws that Mayor Pro Tem Perkins spearheaded and creating that was approved this month includes information on authority of the board and the role. We also added board membership additions so we have ex officio nonvoting members, with representatives from our local continuum of care, homeless leadership, coalition and neighbor impact. And then it also lists like Advisory Committee makeup and roles. And if you are aligned with these changes, we just request for your approval to authorize the city manager to sign it. Great.
Any questions from Council?
Move to authorize the city manager just signed the second intergovernmental agreement IGA number two with Deschutes County and cities of bend the pine Redmond and sisters coordinated houseless Response Office, which continues the implementation of HB 4123 and moves the operation of the CHRO under the general direction of the Central Oregon inter governmental Council authorization of the IGA number two will be in the same form as attached with authority to make minor edits consistent with the overall intent as approved by the city attorney's office.
All right, Moved by Councillor Ferguson seconded by Councillor brother.
All those in favor? Aye. All right. Thanks, Vicki.
Thank you. All right.
So now we arrived at Item nine the second reading on a goofy text amendments to the council Planning and Development code to facilitate housing development to tax 2023 0479 May we hear a informational update from Russ
new candidate Mr. Also going to shield can you pull Pauline over? She should be online. So we just want to provide you a little, a lot of comments regarding the kind of structure height weapon and parking garages. I'll give you a little bit of context. Pauline's also on the call. Basically, when staff is reviewing this, this has come up on a couple of recent developments which has caused some questions around making these developments work. Some of them are housing projects. So staff is looking at this as a barrier to needed housing. And also there are other codes that regulate some height requirements for certain things like it's not as specific as the, the kind of aisle heights and parking garages. They have requirements such as you have an ADA style, you'd have so much height above that Ada stall for access and things like that. But that's really where the the the concept of removing this from the development code was. This is an old standard staff doesn't really know where it originally came from and why it was in the code. But when looking at really parking minimums and other things that were barriers to getting housing on the ground, this is one of the items so they thought it was they could just remove it What it basically means just like the number of parking spaces that a developer needs to put in their project, it'd be up to the developer to determine what height they want in the parking garages for their drive aisles. There are certain requirements of building and fire codes that they still have to meet and there's other codes that are regulated. We just felt that this was just causing additional conflict in in design of just specific buildings that we saw going on.
So the vertical clearances for parking garages specifically
Yeah, Pauline, are you on?
Yes, I am. Hi.
Can you give a little bit more specificity?
So the vertical clearance in the bend development code is regarding driveways private streets, which we don't have a lot of aisles turn around areas and ramps shop a minimum clearance of 13 feet six inches so your drive throughs like at McDonald's it affects any type of vertical clearance I guess on site, and I routed it to the building department to make sure that they have standards that would regulate this versus being in the bend development code. And as Russ mentioned, you know it's 98 inches at the structure has a van accessible spot. There's 114 inches clearance for other areas and then the only time I see that 13 foot six inches for building code is fuel dispensing canopy so I feel like the one that was in the bend development code, as Russ said, is an issue with a lot of developments. And it seems to be more restrictive as well.
You a question about well,
or I know we probably actually didn't. We need to decide. I think as counsel if you'd like to hear more about this issue and flesh out this issue. We're going to have to move to reopen the record and start the process over on this code and maybe
counsel rarely has a procedural question.
Well, I guess maybe it wasn't it is informational, but it seems that Yeah.
Yeah. So rule question. Hold on. Let me ask one question to our city. Attorney. Is there any way to reopen the record on a specific issue only or will we have to reopen the record on all of these code changes? Could we
have to reopen the record? Yes, yes, you can do that. We can narrow it could
we also move forward as planned with second reading and then decide to amend later if if we feel there's sufficient need to?
Yes, that is also an option to that. That was also an option. So I think it's just to be clear, if we reopen the record, on that particular code, could we move a second reading of everything except that code? Or would we have to kind of do it all together? Do
that on the first reading, okay, if you want to take something out, I see. And
also, just to be clear, if if you do do the second reading, and that code will become an effect in applications that get submitted would be on or whatever that code is. The middle so just if there is concern that's I just want to make sure people were aware of that to 30 days
before it's effective, but yes, it would be effective. What
can I think this is procedural, but tell me that if I ask it, i This is the package with the residential density in it. That I am aware of that needed to be in place right away from particular people who are waiting on that. In fact, that's the reason why we brought this code package forward as quickly as we did. If we, let's say we pass tonight, folks submit their application under this removed provision. How quickly if staff believes it and council directs them to come back with a recommendation, how quickly can we pass a second?
Normally we have to go back to the planning commission. We have a whole bunch of notice requirements.
Amendment send it to DLC, insert that whole process.
Quickly Yeah, this was a three month three or four month process and it was pretty quick. Yeah,
so there's a three month window where there would be I don't even know if they're we're not going to talk about subsequent views on this particular provision. But assume there is a will or a desire to change this law back. There's a three month window right there where people
can submit. Yes, under and I'm not sure there's a lot of testimony that that you got tonight. We didn't receive it the first time and we were surprised to receive this testimony. We believe there's a project that is out there now that this may be in relation to so there's at least one Yeah. But I can't guarantee that because I'm not quite sure.
Yeah, just to reiterate like because it's outside of the public hearing. We can't really we can't consider the testimony. I think it's good to understand what you're talking about, but we can not consider that when considering this motion for tonight.
So one idea is to move forward with the second reading as is and then revisit somehow this specific issue or a second option is to read to reopen or just a specific issue or delays. Or at least 45 days or something right because there's 30 day notice and then we by the time we get back then we have to get it scheduled on me to reuse
your freehold would revert back to like just the public hearing in the first reading on this on this specific topic.
They did a specific water
that's what I'm meant to do. didn't continue the hearing. So the legal question that I don't know. Immediately I'm seeing my leads writing me right now. Whether you need to read No, usually if you continue here, you don't have to read notice it. But since you didn't continue the hearing. The question I have that I don't know. Off the top of my head, because I'm trying to figure out Pauline is saying these need to go into effect at the end of the year. That's what I thought because of meeting the timelines into statutory guidelines that we wanted these in effect by the end of the year, the entire package. We're at November. So if we needed three notice we wouldn't be able to have them in effect by the end of the year.
And reopening the original hearing requires the same notice.
Notice across another first reading and another second reading and another 30 days. There's no way it would be
another hearing you'd have to reopen for a new hearing to accept new testimony. You can't make a decision without everybody with any point of view on this topic, having the ability to testify,
but it would stay at the city council level who would just have the hearing? Yes, yes.
Without asking any commission, counsel.
I'm trying to to move forward with this right now. There are some very important things that that I believe need to take place with this reading tonight and and come back to it if that's something that we all feel in staff is something that we should look forward in the future but I'm not inclined to to delay the secondary today.
So can I ask another procedural question right. So like, let's assume that we got a bunch of testimony tonight that this was that was actually going to have a substantive there was proof. I'm not saying what we got wasn't because I'm ignoring what we earn. Let's assume what we got was very compelling and it was illegal or we were going to put people in harm's way or something like that. We would still have to ignore that right? Yes. Okay.
So during this call, so you can I mean, councils do realize we're in this dilemma now because we want this package adopted by the end of the year. councils do reopen hearings, and you know, have another if you're not under a time consideration, you can decide I want to real we want to have a motion to reopen a hearing. really notice it and have a delay and have another first reading that is within your prerogative. Even if you're not considering the substance of what you heard, you could make that decision
I agree with Mayor Pro Tem Perkins
setting could wait and make a motion to amend this. Pull that one section out. Just pull it out without trying to fix it, change it. I still have and then the one we just 30 days for a second considering
outside the public because you're supposed to give this testimony here
anything at all. Oh, you
need a first reading? Yeah,
just so I understand procedurally, so if we reopened and we could schedule that would have to be 30 days from today. Is that correct? Or we can just do a second first hearing we could reopen reopen next December 6 meeting which is in three weeks and then a second reading at the next meeting and that would go into effect 30 days. So it would delay it by approximately two to four weeks and and we missed the state deadline. Yeah, right. Okay, but what process of effectively?
Yes, I mean,
what I'm not 100% Clear on and Colin is still here. Is because you didn't continue the hearing on this legislative amendment and I haven't had time to pull up our code. Usually we have a 20 day notice period of a public hearing on legislative amendments, because you didn't continue the hearing. I am not completely sure that we don't have to read the notice and then you can just hear the next video and that's something that I would need to research. I think we've done this board we've read noticed the hearing, so that everybody that might want to testify. appropriate notice
we have to do with his posture side would be because we don't want to get a procedural error on making sure
that's just a little more time there. Is
it still sexist?
Yeah, it's we got to notice.
But there we would go back verify all the notice periods. There is risk there if you hold that we can be two to four weeks pass pass the pass the original deadline. Yeah. I just wanted to bring this in anything
in this procedural?
No, I bet I'm following it sounds like if they hold this item, then we would really notice and have a public hearing again.
Is that a 20? day notice vary Pauline.
I don't know if it's 10 or 20. I'd have to work with Colin and Mary on that. And it's a notice to the Bolton and to the neighborhood. Associations. Um,
I think my point is just will we be able to hear the merits of various arguments on all sides, right, the process and end up with a clear decision on the merits and clarity about why we're making what decisions and is that just going to result in a better policy that gets delayed maybe several weeks of implementation. So I've been putting that question on the table to the rest of the council just I understand the need to move forward and understand that the other parts of this amendment are really important. But when we think about the whole procedural piece and the timeframes of this, it doesn't appear to me that makes that big of a difference. And if we are effectively complying with the state law by the end of the year, then
it will be in place as won't be in place by the end of the year. So anything further our motion or
I would remember motion Yeah, who's reading it? It's got a
roll call vote on the second reading of the ordinance amending bend comprehensive plan chapter five housing and chapter 11 Growth Management and bend development code VDC chapters 1.2 definitions 2.1 residential districts u a r, r l r s RM dash 10 R m r h 2.7 special plan districts refined and planned area plans and master plans 3.1 lot parcel and block design access and circulation 3.6 special standards and regulations for certain uses and 4.3 land divisions and property line adjustments. Second,
well that was a tag. All right, Councilman is moved. Councillor Perkins seconded. This is a roll call vote Sheila.
Mayor Keeler. Yes. All right, six to one that moves forward. I think if it tells us an agreement, I'd like to spend a minute of my time meeting with staff and Eric on the issue and see what's the best way to potentially if that is the needs to come back to council how to do that. So if that's okay with you all I can take that on and we'll try to figure
that out. Could we delegate that to you and Councillor Riley just Yes. Something. Yeah, that sounds great. Just so that we know because I think it does sound now that it's over. We can talk about it right? I do. have concerns about the change because I do recall hearing that it was redundant. I could be I could be misremembering it but I supported on the first reading because I believed it was a Scriveners error, basically what you already have, there's other codes and if that's not the case, I feel like I need to make more of an informed decision. So thank you, mayor and council Riley for helping us figure that out.
And I want to be clear, there's a procedural thing going on here where when you come to the second reading when the public hearing is closed, it's very, very difficult for us to take that into account. If that had been during the first public hearing would have been a totally different story but I think was counsel right. And I will commit to taking a look at this with staff and then see what we can bring back.
I think my concern is that there's a variety of reasons why we were having the whole discussion about all the points in here and I don't think that they've been adequately presented to the community to why behind what we're doing and that was my point. of delaying this a little bit effectively. It's only a few weeks in the end. So it you know, it makes sense to me to make sure that we're clear about the why behind things and I don't know that that that was necessarily done as effectively as maybe it could have been in some of the earlier presentations. I don't mean that the fault anybody we're moving quickly that I think some of the motivations as I understood them, for this particular issue had to do with them about being barriers to development on this issue as well. So getting into the substance of the why behind that. So the community here's the whole story, because tonight we heard one perspective on the story but there's another perspective on right. Yeah.
But also to be clear during the first reading, we did have evidence in the record that changing the density for the maximum density zoning
was separate issue than what was raised tonight.
completely separate, but we do have evidence in the record that there is at least one project that hinged on that change that was in the record. So that's I think, very important back that there's no contrary evidence.
Thank you for your explanations, both of you. I'm great. Okay, we're gonna move on to Council action. Thank you for your call. Thank you Pauline. Thank you for coming in. Last. Okay, Council action and reports. Do we have committees looks like they're both meeting upcoming subcommittees?
We do we have the stewardship subcommittee that's scheduled for Monday, November 27. And then the committee building I believe it's December 13. So they're in the next couple of weeks. So we'll have reports at Future Council meetings.
Councillor Riley?
Attended the second to be their meetings in the transportation utility fee with Consor Perkins. And I think that's moving along. There's seems to be support for an initial fee that's based on a sort of a set a base fee plus the variable square footage charge. And then you know, moving to a more detailed little more complicated fee later on, you know, a year or two down the road, and that the outreach for the business community is going to start soon. I went to the CFA Open House last week that was really well attended. I think Brian Rankin and his team did a really great job. There was good attendance. And then yesterday I went to the Central Oregon Council on access, is that right? Coco? Yeah. And there was just an interesting discussion about charging stations not for cars, but for electric mobility devices and the need for them around the community. And I just wanted to bring it up as something for all of us to be thinking about, as we just talked about electrification and think about design for mobility hubs and other kinds of places in the in town where, you know, folks who are using mobility devices, wheelchairs and others that need to be charged especially things to do without outdoor trails and access to outdoor spaces. They were just talking a lot about that. And then the other thing that came up was just the Drake Park bridge, briefly and that is part of a trail across the whole community and the need for that to be renovated. I was just reminded about that in the meeting, given that a big part of the discussion was how people in mobility devices access various kinds of outdoor trails in communities here and we had a presentation from somebody who talked about another part of the state. So I know we've talked about that before and I hope that we're going to hear more about getting that bridge renovated in the not too distant future because right now it does not serve our community very well, especially people with disabilities. All
right, their
counselor Norris, and I also went to the C fac meeting last week. I thought that was really nice turnout and our staff did a great job and certainly good community comments and dialogue and questions. Also attended ECC last week. And just wanted to thank all our youth for showing up and giving just being persistent really and being activists in your community. It's really important and we appreciate you just hanging in there. So I addressed ECC and talked about the letter and we also they also decided that they would be doing a subcommittee to come to council hopefully in March to give some options for how we can move forward and make sure that that's aligned to seek was CCAP. We also discussed a little bit which I thought was interesting. Just grant opportunities in particular federal grant opportunities and making sure that we have staff resources to ensure that we are fully accessing all of those opportunities and that none of these are slipping through the cracks. There's some great ones I know that are happening. We just don't want to miss out on that. So I think that's really important to keep in front of mind and then went last night with some other council members just the meet and greet of them that bachelor staff, a new CEO and marketing director and that was very nice. Just to support all the non bachelor employees. I know it's something that's near and dear to my heart and their family's heart and, and really appreciate all that they do for our community. And again, nice experience up there.
So Marcy Ellsworth Robin.
I attended the Southwest bad neighborhood association. We had a great q&a at the poor house and it was nice to see the leadership of that neighborhood association and talk with people mostly about the transportation utility fee, attended EDCO board meeting and Redman attended the DBA I think the downtown bend Business Association is moving towards potentially branding themselves in the downtown and association HLC me was good today a lot of discussions about tough and discussing the the geographical boundaries of the end so I expect we will be hearing from them soon. Tend to the Veterans Day Parade, sat on a float with counsel Mendes and several other electeds and just obviously Thank you veterans especially thank you to all the then police fire and then employees who are veterans and serving them continuing to serve our community. And I also attended the lipstick meeting and I needed to report back because I know there's a lot of interest from Council on the future of the adult treatment court. We're meeting and a smaller group. I believe that will be presiding judge da chief Krantz, Commissioner Chang and Chef Nels sharp Nelson. And potentially I believe maybe a captain from the sheriff's department about trying to formulate some common ground when it comes to the specialty courts because that is one of the proposals that we've seen from a group of law enforcement folks from around the State Sheriffs Association, the Chiefs Association TAS Association. I just want to make sure that I keep you on the loop on that because I know it's a high importance for everybody what becomes of our adultery record and then which doesn't exist right now. And then I have a motion the bend water department is a member of a class of claimants in class action lawsuits filed against manufacturers of certain firefighting foam containing P PFASs. P fast otherwise known as forever chemicals. The lawsuit claims that pee fast manufactured by these defendants contaminated public drinking water sources. Two of the defendants 3am company and DuPont Dane and Miller Inc. have agreed to settle the claims filed against them in these lawsuits. In return for payments impacted water systems. The settlement terms require the city to decide whether to participate in or opt out of the settlement. A decision to participate in the settlements qualifies the city for payments to offset the costs of remediating its impacted drinking water sources. But in return, we'll release certain future claims against the decision to opt out of litigation will preserve potential claims the city might have in the future against those two defendants, but will disqualify the city for settlement minutes. After conferring with the city attorney's office and utility staff and evaluating the pros and cons of participating in the settlements and Executive Session. I moved that the city participated in the 3am and DuPont settlements in the inrae aqueous film forming foams product liability litigation, currently consolidated in South Carolina federal court and direct unauthorized staff take steps necessary to participate in the settlement and claims process including but not limited to preserving the city's rights in the claims administration process.
All right, second, motion counselor Riley's second. Okay. All in favor. Just to add some additional information. There is information on our website on our utility water page. We are a part of this class action because we have had one protection in one well, one time of pee fast. So I encourage folks also in your utility bill, you got information about this if you want to learn more. We're tracking regulatory developments. We are ensuring compliance. We're continuing to test but this is part of the class action lawsuit. That we can get some recompense potentially for the fact that that was found in our water. So I want people to head to the website for frequently asked questions. Our utility department will also answer questions for anybody that has questions about this.
Did you mention that now wells have been shut down? We're not relying on it anymore,
right? So and we'll be working on remediation for that. So just wanted to add that for anyone who listened to this topic. Okay, comes tremendous. Thank you.
Yeah, on Monday, the 13th I attended the larkspur neighborhood district meeting. members heard about winter operations, the challenges around that that staff faces we heard concerned about public safety, and a presentation from Chief Krantz, lots of interest in how the camping code is working. I hope some of them are able to tune in tonight. I think that was very informative. Concerned about transportation safety, how to actually achieve 15 minute neighborhoods, a lot of excitement and gratitude about the better walking and biking and rolling initiatives the city is undertaking, and also some skepticism about whether we can actually achieve less driving. So it was a good conversation. I also had the honor to participate in the Veterans Day Parade and right on the float, which I think was a really tremendous experience. One of the benefits of participating in a parade like that that is open to all members of the community that I think is really important is to hear stories of people service and actually connect with members in our community who are veterans. I think that one of the concerns in today's military service is that it's not always very representative of our communities. And so I feel like these opportunities are are more important than ever.
All right, Councillor Campbell?
Um, I can't believe nobody's mentioned ag slowing competition. Oh benefit for the father's group. Even though my pom pom team as a boy rivalry. It worked and we won
Yeah, I used to hate he got the fancy trophy office. It was still so much fun benefit for the fathers through a lot. It was honestly I had so much fun meeting the children of some other counselors. Just a great family events. Let me see the Affordable Housing Committee meeting happened. You did coax Central Oregon area commission for transportation. We had a brief presentation from ODOT from our ODOT rep about the winter service levels and the report that went out. Our rep is assuring us that between this year and last winter, you really would not be able to tell that any service levels had changed. But this report really is a warning about what's on the horizon with decreasing revenue sources because fuel tax revenue is has been declining. So it's certainly a concern. And I believe ODOT will also be talking to us at our MPO meeting this Friday. So we'll be able to ask further questions. And if anybody's interested that meeting is Friday at noon coact and then the other meeting was the Oregon NPO consortium and between aanpak and coact. We both had presentations about electrifying fleets of really large trucks. And frankly both of those groups are concerned about just even the possibility of being able to do it. We're talking about trucks that deliver freight. And even with the rapid charging that happens right now. The trucks and a battery operated truck cost twice as much. And then it can only be operating maybe half of the time. It's got to be charging. And so you know those groups, we start by, you know, I can't speak for all of us, but I don't think there's any question about electrifying is just when where should we be focusing our attention in these groups? Certainly the idea of school buses came up school buses have a break in the middle of the day where they could be charging and maybe local delivery fleets like the US Postal Service. So we are excited about the electrification of our highways that's continuing along and that'll help anybody who has an electric vehicle. But we continue to be a little concerned about those very largest and possible requirements that we've have simply have to buy them and have to get them in our fleet. And oh, the Western States center we had a Zoom meeting. Western states center is working businesses and political leaders across the state to condemn political violence. It was just a quick one hour Zoom meeting, but there were really dozens of us from all around the state elected people, business leaders, and frankly, the work that we are doing to help protect people in our community is exactly the topic that's going on around the states. So for us, it's coming up with respect to events that are happening in our right of way. We're talking about a safety plan. You know, those folks will be required to have a plan. If someone faces a hate crime during one of those events. That's exactly what other cities around the state are working on. And then the other thing that came up was, frankly, it's zoom meetings and folks interrupting zoom meetings with hate speech and just obscenities which unfortunately we ourselves have also experienced. So just you know, I just a good group, everybody working together on this same issue that we also agree is so important. Thank you.
Thank you, Councillor Campbell. So Perkins
let's see counselor rally. I think hit the dive basically focusing right now on the near near term work for the non residential part of the tough. The tree. I can't know what true X tree code I can't do it right now. I'm met again and I'm really got got to start getting to make some decisions about you know, should there be a floor if there is a discretionary path, you know, site size for the floor they are meeting. It looks like one more time and then we should have their recommendations. As Councillor Campbell noted, the Affordable Housing Committee met talked about the Rapid Rehousing in the Old Mill and sweets and had a lovely presentation from Ross on the tough and the SDCs. And you know, there's some conversation about is 20 years long enough, you know, for to be fully forgiven for these for STC. And let's see I've been having a heck of a lot of meetings for the CHRO and got to hang out with some some more school kids and have been doing interviews for the a bunch of our city committees and commissions and it's always great to see people that want to be involved and do something in their community.
All right, great. All right. Um, I'm just gonna highlight attending the mayor's Institute on city design, which is a project of the National Endowment of arts and the US Conference of Mayors. So I was invited with along with six other mayors of cities to bring a project and to sit in a room and over a couple of days with experts from all parts of urban planning, transportation, planning, arts, commercial development, as well as the other mayor's in the room to talk about, you know, ideas for the project and the one the case study that that I brought was our city hall and potentially looking at moving our city hall and then what would happen to the Old City Hall place and how do we make both of those places, great for our community, increase civic engagement and get the type of City Hall campus that we want and leverage that to help redevelopment in the core, and then help revitalize these blocks that we have with our buildings that we've acquired where our staff are right now. So that was very, very cool and informative. And I'm working on how to bring all that information that information back to us as a group to consider as we keep looking at our city hall. Program and how we're moving forward with that. So I'll just highlight that as the main thing for me. We have a few letters and I want to get to the our response letter to the Deschutes Youth Climate Coalition who are patiently waiting to the end of our meeting, which is amazing. So I sent this out to you all on email. I want to in this document, you know, respond by talking about what our work plan is currently that we do already have a work plan to update our climate action plan and to work on electrification policy. So we want to get the you know, these groups that detail, I think, in this letter, we can also commit to trying to learn from our staff what it would take to accelerate and what the trade offs with that might be with our staff time and our resources. You know, talking about wanting to be available and hoping to catch more grants but or do we want to spend focus time on this right now? So I think that's a conversation we need to have. And I've asked him this letter to hear from staff in March. There was a little bit of a miscommunication about quarterly update in March usually it's an April. So putting it in putting this conversation into March would be a little bit of an acceleration of what we've already got and to be clear this conversation in March would be laying out our timeline and how we want to move through those next steps on electrification policy, which will be part of I think, the CCAP update. That's the plan right now. And it's in our goals. So, welcome any any questions about the letter? If approved, get it going and get it out to y'all by Friday. Hopefully, I'm just gonna put it on letterhead and send it to all the other various groups that have written us about this issue so that everyone has the same information. And then obviously, this is not the end continue to meet and talk with folks about their advocacy on this issue. So questions or thoughts from anybody? Does that sound okay? Yes. Okay. Thank you to council rattling Council Norris for helping me with letter as well and for staff for the timeline. Great. Okay. All right. We will get that out to you. I can't hand it to you right now. I gotta put it on letterhead. We'll get it out to you and I think others can add your comments, but just really thank you for your advocacy look like we're aligned with we want to do the same things. But it does take this type of just you're you're keeping an eye and you're making sure that we're moving forward. And that's really, really important. Yeah, and just know like, we're happy to talk with you and we can talk with you about you know, some of the trade offs and how we work as a city and how we move this policy forward. But I think we all want to get to the same goal of that Livable Future. So okay. So the other there was also I sent a quick email about a letter around the ATF policy to close the gun show loophole. I'm gonna send another one of those I don't hear any objections to that. And then the homelessness collaborative agreement, which came out of those conversations with the governor and Fitch and Commissioner Adair. Let me know if anyone has questions or comments on that but that was approved by Redmond last night. The county's already approved it and I think is in stated earlier in the meeting is really gonna help us move forward with some defined roles and responsibilities which is something we've been working towards for a while.
Yes, yeah. As that index do any need a motion to
approve? You know, for me, I just would prefer it because I think the other cities just to be on par. Yeah. So if you don't mind just I
think I'm motion to Approve. Approve. That
is almost never a collaborative agreement. Second.
All right. moved in. seconded. All in favor, aye.
Okay. Mayor and
Mayor Pro Tem for everything you've been doing on that issue, but elmen agreement in particular, since our last joint meeting with the county that's amazing, fast progress, and I'm really grateful.
Yeah. And thank you to the governor for willing to really get down and partner with local governments and try to help us how she can on this important issue.
And Eric and all of the county and other cities. Yeah, thank you.
All right. We got a couple more things. We do have some appointments and more appointments. will be coming as we work through some of the openings on our committees, but we, counselor Perkins and I along with Benjamin interviewed some folks from be dads we'd like to appoint Mark punky and Petra or Nova to be dab and then indicate Julian Taylor and David's out he is alternates to kind of be waiting in case other openings and loved ones also moved. Participate in such committees. So moved and seconded by Campbell and seconded by Councillor Riley. All those in favor Aye. Aye. Okay. And then I think it's city manager's report.
Couple of updates. One just wanted to let you all know that the STC methodologies project we've been working on since the start of 2023, which updates transportations, water sewer, as well as a whole overhaul of our STC code. That notice is officially going out this Friday, we will have a public hearing. We have a 60 day public comment period that's mandated by state law. We'll have a work session on December 6 to kind of give you some more information about what's in the code. And then the official public hearing is on January 17. So please direct any questions to staff. It's it's out there now we've had multiple workgroup meetings, council work sessions and just a big thank you to all the staff particularly legal staff that has worked really hard over the last couple of weeks to get that out there. wanted to give you an update on ebike so we had the work session with a representative levy a few weeks ago and we are committed to a website to really have a better source of information, one stop shop shop for information so that is officially launched. So you can go onto our city website under Community Priorities. There's a section about E bikes and bend. And the page includes an overview of local laws, safety guidelines, writing etiquette, and a big thanks and shout out to commute options for they've done a lot of work and so our job was pretty easy just to link back to their great work on ebike safety as well as how to write in a roundabout. And thank you to Mayor Pro Tem Perkins for helping to advance that idea. And then while we're on the topic of E bikes, just wanted to give you an end of kind of season, wrap up with bird bikes. So we were if remember bird bikes, we had a two year pilot project, so that the second year it's we'll we'll actually have a report we'll compile that report and give that to council for what are the next steps of this spring. But just to give you some high level data, a preliminary educated an average of 3500 rides per month with with approximately 1.2 rides per bike daily which is a bit of a drop from where it was the initial year that it launched. So we're digging into the data to see you know, what, if that wasn't a particular area or what what were the key drivers and we're going to be working with the OSU cascade mobility lab on a final report and a recommendation for next steps. I want to let you know that that is out there. Want to let you also know that the 2023 construction projects for the neighborhood street safety program are complete. So the initial project list included 25 projects 17 of them are now complete. We have the last year of that first batch that are they'll be completed next year. So you've improved design and the contractor and we've just got one more construction season left and then there'll be a new batch that we're kind of going right now going out right now and getting feedback for the 26 through 29 time period, but we had an enhanced crosswalk at parallel a parallel Calvin and another one at peril and Haley Creek Road. Northeast Eighth Street sidewalk infill on crossings from Seward road Isabella lane, enhanced crosswalk to Columbia Park Cumberland Avenue clarksburg trail crossing a Bear Creek Road and a Wood River Village sidewalk infill project. So big thanks to all the staff that worked on those. And then last citizen and all the community members. Yes, that's actually a lot of folks that helped and I think it's a good example of the partnership we try to highlight that of you know, that really kind of bringing democracy to that local level. So and then lastly, and sometimes it gets overlooked but really important. We had a we just finished a pump the pump station decommissioning program so we have all these pump stations right to take sewer to the plant and we installed the SE interceptor years ago and so as that now is installed, we can rely on gravity and less energy, less co2 emissions, and really less operations and maintenance issues. When you have all these pump stations into that sewer. It's a it's a big deal. So we've eliminated 12 residential pump stations, and 20 regional, makes dresses heart happy and a lot of other people and we're also doing our part to reduce co2 emissions. So I think sometimes we don't pay attention to things underground that also have a huge impact on our footprint. And this is one of them. So all right. That's good. Right
