City Council Meeting Notes 06/01/22
You know, when my friend said that she wanted to spend most of her vacation planning a Bendite outfit for a r/Bend shitpost, I didn't expect it to become the third highest upvoted post in the in the last month. Look at that face. It's my new contact photo of her in my phone. I love her so much.
Also, it's June, which means its Pride Month, which means it's time to drench my profile picture in rainbow. Work.
Got a pretty moderate density meeting tonight. There's a new proposed temporary outdoor shelter on the SW side of town that I am looking forward to hearing about, as well as a vote on the Stevens Road Tract Concept Plan full of housing we heard about last week, plus tax exemptions meant to encourage affordable housing and high density development in the Core Area.
"What about the Council Vacancies?!?", I can hear you asking loudly. That's not on the agenda tonight. There are 4 special sessions scheduled between now and the next Regular Meeting, where a subcommittee comprised of Kebler, Broadman, and Perkins will be going through the applications. I plan on covering these meetings in some form, so you're welcome. I'm already exhausted at the thought of it.
Work Session
The meeting is beginning tonight in non-public executive session, where they are conducting "deliberations with persons designated to carry on labor negotiations". Cool.
They were supposed to be done 10 minutes ago. Wonder whats taking so long. Oh they're here! Hello. The audio isn't working though. It's cool. I'll just sit here patiently waiting for them to notice. There we go.
Now that that's over with, time for BURA, and not the normal 10 minute BURA meeting with just one agenda item. This time there are 4!
City Council and Bend Urban Renewal Agency (BURA) Budget Committee Meeting
Overview of June 15th Budget Agenda Items
The budget is being adjusted to allocate the second set of ARPA Funds we'll be getting any day now. The biggest change is a 1.8 million allocation to pay for staffing the new fire station until we're able to fund it with a levy. Here's a table of all the changes:
Money is also coming in from the State to use for houselessness response. The Bird e-bike pilot program will happen over 2 years and is paid for by the Metropolitan Planning Organization (MPO). They need to increase staff levels to keep up with increased work related to growth of the city. Utility rates are increasing. 3% increase in water, 2.5% for sewer, 3% for waste, and 7% increase in storm-water utility rates. System Development Charges are being increased to keep up with inflation (8.5%). There are new application fees for things.
Public Hearing on Possible Uses of State Shared Revenue Funds
The public hearing is opened and then closed since nobody called in. Council approved the uses of shared revenue funds. The state gives us a share of State revenue, and a share of liquor/marijuana/cigarette taxes. Money coming to the city from marijuana sales has been reduced because State marijuana taxes were reduced by a State ballot measure recently. I am personally quite happy about that.
BURA and company approved the uses of State Shared Revenue Funds
Approval of City Property Tax Levies
Robert wants to know why we are increasing property taxes here instead of putting it to the voters? It's because this a procedural thing to keep the base permanent rate that has been the same for over 4 years. It needs to be voted on every year. Here's a picture of all the levies that BURA and the City voted on tonight:
Yes, I am using images to type less. Sue me.
BURA and company approved all the tax levies. BURA adjourned. Back to the work session.
Council Schedule Requests
One of the superpowers that City Councilors have is that they can add things to the meeting agenda. Councilor Perkins has added two things to the agenda:
Humane Pet Store Ordinance Request
That one lady who has been calling in to public comment about this for months is going to be so excited. Currently pet stores in Bend do not sell puppies, kittens, and rabbits. A bunch of people have coordinated to advocate passing a local ordinance to ban it as a preventative measure. Council passes the ordinance asks staff to draft an ordinance to bring back to council.
Juneteenth
Councilor Perkins proposes that we hand something related to Juneteenth over to HREC (the Human Rights and Equity Commission) to do listening sessions and bring recommendations for concrete actions back to the city. Council Agrees.
Newport Corridor Change Orders
The cost for the Newport Corridor improvements is changing. The project is replacing the sewer, storm-water, and water systems that run below the road and doing pedestrian infrastructure improvements. They've run into unknown, unmarked utilities, and utilities that were not where they expected them to be. They've done a lot of work to make sure utility access is not impacted, and they are working hard to preserve mature trees. They closed the road in smaller segments than initially planned to minimize impact to local businesses. Material costs have increased. The total cost for the project needs to be increased by about 1.5 - 3 million dollars, depending on if the project is delayed into 2023 or not. If the amendments are not passed, the storm-water improvements will still be completed, the full connectivity of sidewalks and stuff that are currently planned will not be feasible. The adjustments will come back to the Council for approval on 6/15.
Picture of proposed cost changes:
Councilor Broadman is concerned that this budget increase might affect the budget for future projects like cross town bike-ways. He is only on board with the budget increase if it doesn't affect those projects. Mayor Goodman-Campbell thanks the public for their patience. Manager King strongly suggests people keep visiting these businesses during construction.
I now have a GLORIOUS 30 minute break before the regular session. Just in time for Editor to give me Spork! Loving that fried cauliflower.
ME: I can't spell utilities.
EDITOR: Honey, you can't spell anything.
Savage.
Regular Session
There is an unexpected amount of mask wearing in the audience. Mayor Goodman-Campbell expresses her gratitude for the people who have fought for her country. The regular meeting began as usual with roll call, the Pledge of Allegiance, and Land Acknowledgment. The councilors who normally don't do the pledge stood in a moment of silence during the pledge today in honor of Memorial Day. It's National Gun Violence Awareness Day on Friday. Central Oregon Moms Demand Action are here to accept the proclamation.
Overview of Safe Storage and Red Flag Laws
Hannah is here to present about it. Hannah's son died to gun violence in 1998. She says check out BeSMARTforKids.org. The State of Oregon has a Safe Storage law that requires guns to be locked in a safe or a gun room. Guns in a car have to be concealed and locked. Guns are banned in airports and government buildings, and schools can opt-in to the ban. Ruth is here to talk about Oregon's Red Flag law. It is also called an extreme risk protection order. It can be issued by a court that will immediately temporarily restrict someone's access to guns if that person is found to be of significant risk of harming themselves or others. It has been used 29 times in Deschutes County.
Update on Temporary Housing Strategies
The city is voting to approve a contract for phase 1 in temporary outdoor shelter on SW 27th street. Phase 1: Community Outreach and Engagement, and Securing the Site. Phase 2: When the site is developed and begins operations
Central Oregon Villages submitted two proposals for the site. One of the two seemed more feasible than the other, so that is what they are going forward with. During Phase 1, they will secure the outdoor shelter site and refine the design and operating procedures and host community meetings to explain their plan for operations and get community input. This phase will also include drafting a good neighbor agreement.
Public Comment
Guy heard about the temporary outdoor shelter on KTVZ. He's a stones throw from the site. If you let this go through, you are attacking him and his property values personally. Without the code changes the city did, this site couldn't happen.
Jill thinks that the city is being deceptive about the shelter. Shelters don't belong in residential areas, they belong somewhere else.
Tod is the general manager for a hotel near the proposed site. He doesn't want it at this site. It would impact congestion. Homeless people are criminals, so he's concerned about safety and how it would impact the hotel's revenue.
Charles is from Central Oregon Villages. This morning he got a letter that was distributed to the neighborhood around the village. The flyer says that a similar shelter was shutdown in Portland because of violence. This village is not like that shelter at all. He has a study from Portland university that people should read.
Patricia moved here to get away from drugs and homeless people. To have homeless shelters open up in Bend residential areas gives her PTSD.
I didn't catch her name, but she has a restaurant on 27th street. She's concerned about the project. She hasn't been contacted about this yet. Who does she talk to?
Molly is traumatized from a thing that happened two days ago. She lives on second street. A homeless man on drugs came into her house and she had to push him out. People are fighting outside her house.
McKenzie is planning a March for our Lives demonstration at Drake Park on June 11th at 2 pm, and wants people to know about it.
Mike is here and I reflexively went to mute, but we're not doing that until he starts calling the council murderers again. He works for a non-profit that does homeless support in Bend. People need a reality check. Homeless people exist. The option is not between managed camps and no camps. There are camps in your neighborhood right now. The awful experience that we heard earlier is a result of us not doing anything about it. There is no option for making poor people disappear. We need shelters somewhere. Stop saying no, say yes to something. Either come up with your own solutions or go away.
Ariel is from the neighborhood by the proposed site and she's not happy about it. A housing first model is what people need. Residential areas should not have social service providers.
Manuel wants to know ... I can't actually understand him, but he also doesn't like the shelter.
Elise is talking about the second street homeless camps. There are serious safety issues in the area. She doesn't feel heard and is very tired. Safety issues need to be addressed in the area now.
John owns somewhere that's green. The encampment in the area needs to be addressed.
Kyle is here also to protest the proposed shelter.
Hi I'm Tailor, and I'm a pseudonym that lives in Bend. I support the proposed shelter. We need shelter capacity to address the issues on 2nd street, because we can't legally move people from 2nd street without a place for them to go, unless the site is deemed unsafe. 2nd street has already been deemed an unsafe campsite once before. These sweeps that happen after the situation escalates are untenable. Shelter capacity has to exist in physical space somewhere in the City, and this site seems fine.
Consent Agenda
Notable Items on the Consent Agenda:
Nothing really jumping out as interesting, just a bunch of agreements with contractors. Total cost ~2 million.
Consent agenda approved
Public Comment and Approval of a Resolution for the Stevens Road Tract Concept Plan
Just a quick recap: Because of our housing crisis, the City negotiated with the State to bring land over by the landfill into the Urban Growth Boundary. It's a pretty unusual situation. (EDITOR: At least everyone keeps saying so.) The City has to submit a concept plan that meets certain requirements for how they plan to develop the land. After a lot of work, public input, and approval from Council, this Concept Plan will be sent to the State, and pending their approval, the regular process for expanding the urban growth boundary and developing the site can proceed.
The Department of State Lands is here to talk about the property. They've been pleased to work with the city on this project. It's going to help fund public education in the area, which is fantastic. The proposal as presented here fulfills the requirements set forth by the Department. Planning Commission voted unanimously in favor. They also like Concept 3. Everyone says thank you to everyone who worked on this. This is still a long way off, but right now we are right on schedule.
Public Comment: Nada
Council unanimously approves the resolution and supports concept 3.
Lynne says that the next three items are very important for the City's housing goals and staff has been working on these code changes for a long time. The actions that are being taken directly affect the city’s goals of housing people and lowering housing costs. These actions collectively will directly impact lives and affordability in our city.
Public hearing and first reading of an Ordinance amending Bend Municipal Code to create New Chapter 12.35, Multiple Unit Property Tax Exemption
The Multiple Unit Property Tax Exemption is intended to encourage redevelopment of the Core Area, Central Business district, and other High Density Residential Housing Zones nearby. Despite zoning changes in 2016, multi-family and mixed use development has not been happening in this area. This tax exemption is meant to incentivize this kind of development.
The Tax exemption will apply to projects that include 3 or more residential units that have at least 2 stories. Projects will need to go through a third party review, and must provide at least 3 "public benefits" from a set list that includes Affordable Housing, Middle Income, energy efficiency, commercial space, open space, and childcare facilities.
The tax exemption would only apply to structural improvements of the property, has to be approved yearly, and is limited to 10 years. Check out the linked presentation for an in-depth overview of the exemption.
Public Comment: Nil
Motion Unanimously Passed
First reading of an Ordinance amending Bend Municipal Code to create New Chapter 12.30, Non-Profit Affordable Housing Property Tax Exemption
Here is another Property Tax Exemption. This one is a city-wide exemption for Non-Profits that are developing affordable housing. The goal is to alleviate the property tax burden on developers trying to build middle housing. The property must be owned by a registered non-profit, and must be occupied by persons making 60% of the Area Median Income (AMI) for the first year, and up to 80% after that. Undeveloped land that is intended to be used for affordable housing is eligible. The exemption has to be approved by the city annually. Partial exemptions can be granted at the city's discretion.
Motion Unanimously Passed
Time for a 10 minute break before voting on the dramatic, controversial agenda item. Probably to build suspense.
Agreement with Central Oregon Villages (COV) for Phase 1 of Temporary Outdoor Shelter Operations in an amount not to exceed $45,300
Lynne is here to present. It's important to talk about the legal context surrounding this site. The shelter is being built under State Bill HB2006. I don't know if I understood this part right, but it sounds like the city has very little legal standing to stop a site like this from being built. Trying to stop it sounds like it would be legally messy.
Central Oregon Villages started talking to the city about this during the RFP that went out in November. Central Oregon Villages acquired this site themselves without city involvement. The person running it is a retired Bend police officer.
The steps for Phase 1 of the project are:
Secure the site and refine design of shelter
Present at public meetings
Track and respond to community feedback
Update City staff and other stakeholders when requested
Modify and refine operating procedures and good neighbor agreements
With City staff, make operational and site refinements as appropriate
Submit a HB 2006* application to the City for approval
If the shelter's HB 2006 application is approved, the city has NO LEGAL STANDING to stop the project even if they wanted to, because State law supersedes local law.
The current proposal for Phase 2:
Up to 20 Pallet structures
Prioritize women and children
Use Coordinated Entry System
Portable toilets and water stations
Daily Family Kitchen delivery
Service through the mobile shower truck
Entry requirements include:
Abstinence from drug/alcohol use while living at the shelter
Participation case management
Duties to operate/maintain the outdoor shelter
Central Oregon Villages has already reached out to the Larkspur Neighborhood Association.
Councilor Broadman says that we've heard concerns about fire safety and plumbing. Can you talk about that? These pallet structures are built for this express purpose and they are safe. Each shelter is not plumbed, but there will be plumbing on site. Under HB2006 there is a requirement that the fire marshal do an assessment and requires that they are cleared under safety regulations.
Councilor Broadman asks ex police officer if this is going to increase safety. He says that by replacing unmanaged camps with managed camps, it will be more safe than the status quo.
Councilor Broadman asks about the concerns about traffic. Have you done any research about that? The number of people who will be using the shelter that own cars will be extremely limited. There is a bus line also.
Councilor Perkins asks about how they plan on addressing homeless congregating around the shelter. They say that the land is private property so its easier to stop people from camping on adjacent property, unlike on Hunnel and 2nd street.
Councilor Broadman wants to confirm that the good neighbor agreements will address theft and crime. Yes, people using the shelter would need to sign a code of conduct, and the shelter will work with neighbors on the details, including quiet hours and trash and stuff. It will be the responsibility of staff and shelter residents to keep the area clean. The village is very committed to making this site as successful as possible, especially since they are the first of its kind and future work is dependent of them setting a good example.
Councilor Campbell wants to know if they are going to lease the entire 3 acre space? No, it will be 2 of the acres.
The meeting tonight is about deciding if the City is going to give Central Oregon Villages ARPA dollars to do community outreach and stuff.
MOTION UNANIMOUSLY PASSED. I am so happy. Councilor Kebler suggests they pass the names of the people who called in tonight on to Central Oregon Villages to give them the opportunity to follow up directly.
Ordinance granting a non-exclusive franchise to Central Electric Cooperative, Inc.
Motion passed
Authorize an agreement with Visit Bend for destination marketing and management services
Ben is here to present. Hi Ben! I'm in a really good mood.
This is a 5 year contract with Visit Bend. There were two applicants, Visit Bend beat the other group out. (EDITOR: Shock!) To recap, Bend has a super cool room tax allocation that was grandfathered in that gives us way more money into the general fund than is allowed in other cities in the State. 61.6% goes to the general fund, 35% to tourism promotion and facilities, and 4% for fire.
The city is making HISTORIC bank from these Hotel Room taxes BTW. This is not coming from more people coming (all of our hotels are fully booked like all the time), it's coming from increasing hotel stay costs.
The city changed their requirements in the Request for Proposal, and Visit Bend did a good job complying with those requirements. Visit Bend is going to present at the June 15th meeting. If the contract is approved, it would expire in 2027.
Councilor Campbell wants to ask if the entire 35% could be devoted to tourism related facilities. Ben says that from the letter of the law, maybe.
It would probably make the tourism stakeholders that have the power to sue them again unhappy.
Motion unanimously passes
Second Readings
For all intents and purposes, Second Readings are procedural confirmations of the actions Council took during the previous City Council Meeting.
Amendments to the Bend Development Code for Senate Bill 458 for middle housing expedited land divisions
Amendments to the Bend Comprehensive Plan and Bend Development Code for the Shelter Code Update
Amending Bend Municipal Code Section 15.10.010 – Use of Public Sewer
Second readings passed.
Council Show and Tell
Councilor Kebler represented the city advocating the climate friendly and equitable community rules, to make sure the state gives us funds to implement them. She went to the Bird e-bike share program event thing, and did some housing stuff, and HREC stuff. She's making a motion to amend her previous black history month motion, because there was a mistake in it that the community pointed out. Motion passed.
Councilor Perkins went to the HREC meeting, there is a lot of new members there and she was really excited to see them integrating into the community well. BDUB looked at the Visit Bend business plan, and they're looking at it again on Monday.
Councilor Campbell went to MPO, the Bird e-bike thing is coming from them so she's excited about that. She finished her citizen police academy thing.
Councilor Broadman thanks the community for stepping up yesterday thanking Veterans for the sacrifices that they have made. Thanks to Mayor Goodman-Campbell for an excellent first meeting. He is grateful for her leadership.
Mayor Goodman-Campbell says we're looking forward to looking at the applications for candidates for council positions. Thank you to everyone who applied. It isn't an easy job.
Manager King Update
Second Street was assessed a month ago. They are doing another assessment this week. The results of that assessment will be released next Tuesday. Councilor Perkins has been the council representative with the county on houselessness. Motion to solidify her position as a city designee as the joint task force moves forward. Motion passed.
They are doing a slurry seal on residential roads that is wrapping up. The ebike share pilot will be rolled out at 17 locations initially in the next week or two. Scooters are not included at this time.
People should volunteer to help with Juneteenth
The city has received 36 applications for the open council positions, but they haven't been filtered for eligibility yet. The first special session going through these applications will happen on Friday. Interviews will happen on the 9th.
GOOD JOB APPLYING COMMUNITY says Councilor Barb Campbell emphatically as she moves to adjourn.
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