City Council Meeting Notes 8/3/22
GOOD MORNING! I know the meeting starts at 5:30pm, but I am typing this paragraph in a morning, and most of you read this in a morning, so I see no reason why we can't say good morning to each other, pleasantly greeting each other through time and space.
We have a super short agenda today; an absolutely adorable cute little tiny baby of an agenda! That means this meeting summary will be chill right? RIGHT?! It would be, but for some stupid fucking reason I decided to promise to live tweet this meeting. (don't bother looking it up, it's just this post, but shorter and worse)
There are only three agenda items in the Work Session, and 3 agenda items in the Regular Meeting. That's only six things! This Work Session, Council will discuss what they would like to see in the first draft of the upcoming unsanctioned camping code. In the Regular Session we have an ordinance restricting the sale of animals and a contract to fix problematic residential streets identified by the Neighborhood Street Safety Program.
Work Session
Utilities and Environmental Resources Update
We’re starting tonight with a Utilities and Environmental resources update. Patrick is retiring. Thanks for all the work you did on our water stuff, Patrick! Sounds like this guy has been single-handedly leading the water utility since 2000, and the city will really miss him. You must be surprised to hear we’re still in a drought. The weather has been so normal recently. We are no longer in D4, Exceptional Drought, we are now in D3, Extreme Drought. Awesome. We expect the drought conditions to remain volatile.
Our water shed struggled to deal with all that water during that crazy downpour in June. We had to turn off our water filtration system for about a week. So far this year we’ve used 2400 MG of water. That's less than every year since 2017. Barb confirms that water use is going down, even though population is going up.
The city is planning to expand the Outback Water Treatment Facility. They are looking to add surface water pre-treatment, additional reservoirs, in-conduit hydropower (yay for barb), and a wildfire water fill station. The existing facility is about 15 acres. Pretreatment is important, they need additional space to do that. Additional reservoirs will increase the city's resilience. Long term we may want to consider stopping pumping groundwater in town, and instead pump it somewhere else to avoid contaminants.
Councilor Broadman confirms that this expansion doesn't affect the road access. The forest access will still be retained, but they will be making changes.
Staff would like Council to take a virtual water system tour It has information about in-conduit hydropower feasibility.
Councilor Barb Campbell thinks that it's a little frustrating that we want pre-treatment now, since this is something that she advocated for when they were initially building the project. Sounds like the actual situation was a bit different than her understanding. That discussion was about UV vs Membrane, not Membrane vs Pre-treatment. She cannot be happier about in-line hydro.
Unsanctioned Camping Code
When the Council originally voted to draft an Unsanctioned Camping Code, they intended to have a working group appointed by the city make a first draft of the rules. Last meeting, they decided that would take too long, with the earliest estimate on a code they could vote on coming in December. Instead they decided to take a more straightforward approach, and have staff make the first draft at their direction. They would then take the draft to an open house, and then a roundtable meeting with advisory groups. This fast track approach could be done as early as October. An agenda item to discuss this unsanctioned camping code will be on the work session agenda until the code is drafted.
Tonight Staff want to get a sense of “when, where, and how” Council wants to restrict camping in the city. Staff has an internal team pulling in feedback from HREC, the Police, and several other relevant parties to inform this presentation. There is a narrow legal window that allows the city to have limited time place and manner regulations on camping on public rights of way. A major legal limitation is that you cannot cite somebody unless that specific person has shelter bed they can go to. (Police have to check before issuing a citation). The code can be written to have flexibility to suspend or modify enforcement. For example, it can be suspended during emergencies and severe weather events.
Whatever standards we set, the standards have to be objectively reasonable.
Council generally would not like first contact with unsanctioned campers to be a police officer. Councilor Kebler confirms that this code would not apply to vehicles. Staff is trying to make sure that the code is actually actionable, and not unenforceable.
Where can people camp? The City may want to limit where people camp in the following ways:
Limiting camping by the river to protect the corridor and water quality
Limiting camping by City property that have restricted public access (e.g. sewer, utilities, etc.)
Requiring a set distance from shelters, schools, or parks
Prohibiting camping in residential zones
If you prohibit camping near the Water Overlay Zone, Shelters, Safe Parking Sites, and Residential zones, this is what is left:
Councilor Mo Mitchell wants to make sure that "where people can go" is written in the code. They like the idea of opening city spaces for public camping. Staff said that there are facilities that are more suited to this than others. Councilor Broadman says we need to open as much safe parking as the city can, and the priority in whatever we do is to get people moved from unsheltered situations into sheltered situations. The unsanctioned camping code does not come into play unless there is shelter space. Councilor Campbell says that protecting waterways, sewers, and fire stations is public safety. Businesses seem to be the people most impacted, she doesn't like the appearance of "protecting ourselves" and leaving businesses out in the cold. Mo Mitchell wants to know how much camping is actually happening in residential areas? Councilor Perkins says that it's not much. The gold colored part of the map is where most people are currently camping.
Mayor Goodman-Campbell says that before we talk about banning unsanctioned camping residential zones, remember that there is a path for managed camping in residential areas in the camping code they passed recently. Councilor Mitchell says that calling it Managed and Unmanaged camping is probably harmful.
Where is the council at at prohibiting camping in residential neighborhoods?
Everyone is supportive of prohibiting near the river, and in residential neighborhoods. There's not a lot of camping in residential areas because there are not a lot of services.
Councilor Kebler and Council generally are okay with prohibiting camping on city property, as long as there is language that lets them open it up.
Sehgal is interested in learning more about parks before making a decision.
Councilor Perkins is adamantly against prohibiting camping near parks.
Councilor Broadman would like to open up city and county parking lots for safe parking. He is open to prohibiting near schools, not parks at this point.
Councilor Mitchell is okay with prohibiting camping in residential, as long as it is true that there is generally not a lot of camping there. They are against prohibiting camping in parks. We should do the opposite. They're unsure about Schools.
Councilor Campbell is against a park buffer, unsure about schools.
Mayor Goodman-Campbell doesn't think a buffer around schools or parks is necessary.
When can people camp? The City may want to limit where people camp in the following ways:
Only overnight (would still require 72 hour notice and storage of personal property under state law if camps are considered established, exception for night workers, severe weather, children)
Prohibiting camping does not prohibit presence.
Council wants to know if they HAVE to have a time restriction. Staff and Lawyers say that a time restriction is needed to have an enforceable code. The only city that doesn't have it is Portland, and it creates a lot of problems.
Mayor Goodman-Campbell says that she doesn't like it but she doesn't have an alternative suggestion. Councilor Perkins says that she sees a bunch of discretion in this policy. Who would be using this discretion? What is the value of making it explicit? The point of this whole process is to provide certainty. Councilor Kebler says that she wants to see as much best practices put into the code as possible. Councilor Mitchell thinks instead of 72 hours, it should be sunrise to sunset. They can have a separate time in the summer and winter. Manager king says that having discretion on the time can be added to the administrative side of the conversation.
Council generally agrees on an overnight restriction with seasonal variation. Staff has gotten the direction they were hoping to get this meeting to start drafting the code. There will be several opportunities for public input and an open house about these code restrictions.
Tailor's Tangent: Compass Corner
Looks like someone who lives in the Awbrey Butte Neighborhood Vandalized the Proposed Development signs notifying you that a 42 Unit mixed use development is planned for the corner of Washington and Awbrey. They taped one of the notification signs on a side street mailbox, so only immediate neighbors can know it's time to provide comment.
Fuck that. Tell the city that you support building mixed use high density housing on the west side. Fucking yes in my backyard.
Project Number: PLSPR20220416
Planner Email: elafleur@bendoregon.gov
Regular Session
The regular meeting began as usual with roll call, the Pledge of Allegiance, and Land Acknowledgment. We have a new opening statement. It's page 1 of the council goals.
Update on Temporary Housing Strategies
Local service providers really stepped up to keep people safe during the heat wave.
Public Comment
Charlie thanks the councilors for their service. He wants help building a triplex. The permit committee is utterly inefficient. He has a contractor ready to go, but he can't get a building permit.
Cory is the leader of Harmony Farms Animal Sanctuary. On behalf of the sanctuary he urges them to pass the upcoming pet legislation.
Daphnie also urges them to pass the upcoming pet legislation, with a bonus horror story about animal cruelty.
Thom is a real estate broker, that is also here to support banning selling pets in pet stores, and also to share animal cruelty horror stories.
Kevin owns a quarry. He wants the city to use his dirt in infrastructure projects.
Diana and like 4 others are here to also support banning selling pets in pet stores.
Joanne is here to have connection issues. I think she's talking about shelters.
Consent Agenda
Notable Items on the Consent Agenda:
Additional funds are needed to fix issues with the water, sewer, and gas lines at the Division Street Shelter. Up to 450k of American Rescue Plan Act (ARPA), Project Turnkey, and HB 5202 funds will be added to the Improvements Project Issue Summary
Consent Agenda Passed
Ordinance to adjust the water service area of Avion Water Company
The City of Bend water utility is taking over handling service for the future the North Triangle Urban Growth Boundary (UGB) expansion area in exchange for Avion taking over a section of the Easton Master Planned area, because it makes things easier for everyone.
This is a really great, detailed presentation about something maybe 8 people care about. 7 people + Councilor Kebler. Councilor Kebler managed to ask some great on-topic questions about this somehow.
Motion Passed
Amending Bend Municipal Code to Restrict the Sale of Animals
The Council has been asked to proactively ban selling dogs, cats and rabbits in pet stores, even though there are no stores doing this in Bend at this time. The Council has decided to do so.
BEFORE VOTING ON THIS THIS MOTION, COUNCIL PRESENTED A SLIDESHOW OF ALL OF STAFF'S PETS SET TO MUSIC AND IT WAS ADORABLE.
Here is the change in the code:
No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs, cats, or rabbits. Nothing in this section prohibits pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs, cats or rabbits, provided the pet store does not have any ownership interest in the animals offered for adoption and does not receive a fee for providing space for the adoption of any of these animals. The restriction in this Section does not apply to any breeder, broker, animal care facility or animal care organization
Motion passed
Authorize a contract for construction of the Neighborhood Street Safety Program
In 2019 the City created the Neighborhood Street Safety Program, a program where residents could submit streets in their local neighborhood that they felt unsafe walking or biking on. The submissions were then reviewed and prioritized for construction by Neighborhood Associations, resulting in a list of 25 projects. This project was funded by a voter approved GO Bond in 2020. After this round of construction, 11 of the 25 projects will have been completed. This round of construction is going to be handled by Wilson Curb, Inc.
Here is a picture of all the areas contracted out this round:
Motion Passed
Second Readings
For all intents and purposes, Second Readings are procedural confirmations of the actions Council took during the previous City Council Meeting.
Extension for a Right of Way Vacation for 2nd Street between NE Revere Ave & NE Quimby Avenue Issue Summary
Granting a non-exclusive Franchise Agreement to Blue Mountain Networks LLC Issue Summary
Second Readings Passed
Council Show and Tell and Surprise Motions Sometimes
Councilor Kebler doesn't have much to report. Thank you to our firefighters. Make sure you are signed up for county alerts in case of evacuation.
Councilor Perkins went to the stewardship subcommittee and heard from Envision Bend. The Human Rights Equity Commission had a good meeting last week. Bend Development Advisory Committee was also a thing.
Councilor Campbell went to a State MPO group and heard about a bridge over the Columbia. She seems skeptical. There is an Oregon household survey going on. She went to the Climate Friendly and Equitable Communities Committee. The rules coming in from the state require lots of money we don't have and we're all concerned.
Councilor Broadman went to a urban mayors association and talked about funding packages for housing and homelessness.
Councilor Mitchell is continuing with onboarding. She connected with rural fire and housing team and Neighborhood Associations.
Councilor Sehgal went to a stewardship committee. He thinks that its phenomenal about how much people in Bend care about Bend. MEeee too.
Mayor Goodman-Campbell did the Dechutes river cleanup with a bunch of volunteers this weekend. They pulled out a bunch of trash.
They did some appointments.
Manager King Update
The city has continued to their paving and sealing projects all around town.
Review League of Oregon Cities priorities in preparation for 2023 Legislative Session
The City of Bend is a part of the League of Oregon Cities. A group of cities in Oregon that coordinate efforts to pass bills through the State Legislature. Looks like the City's priorities for the direction of the league are:
Funding and alignment for State Land Use Initiatives
Local funding to address homelessness
Infrastructure funding to support needed housing
Meeting Adjourned.
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