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Record of Proceedings

Bend City Council Work Session and Regular Meeting - March 15, 2023

City Council — Wednesday, March 15, 2023
BodyBend, Oregon
SessionCity Council
DateWednesday, March 15, 2023
StatusFILED
Video Record
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3:55

Okay.

3:56

All right.

3:57

Let's get started with our five PM work session.

4:00

Everyone's here.

4:01

Council Perkins is excused.

4:03

And um calling May Pauline.

4:18

Good evening, Mayor.

4:19

City Councillors, thank you very much for this opportunity to talk about trees and tree preservation in regards to development in City Bend.

4:27

So this topic has been on council goals for at least the past couple of years.

4:33

We do now have some time to um approach this as a project.

4:37

So we're here to talk to you about what the regulations are to date.

4:50

She's been with the city since October.

4:55

And so she's going to be working very closely with Pauline on this project, so I've invited her to be up at the table with us today as part of the discussion.

5:02

So I'm going to turn it over to Pauline who's going to kick it off with what the agenda is, and then I'll be back in just a minute to talk about existing regulations.

5:09

So Pauline.

5:10

And we should kind of move the mic over when you guys talk, so make sure people can hear you.

5:13

Thanks.

5:14

Can I interrupt?

5:15

Should I make my statement?

5:17

Go ahead now, Megan.

5:17

Yeah, sorry.

5:18

I just paused one second.

5:19

I just have to do one potential state of potential, sorry, before we get started.

5:23

On item uh I'm an employee of Hayden Homes.

5:27

This item overview of the tree preservation codes and council direction might or may not have a financial benefit or detriment on Hayden Homes per Oregon ethics statutes in the Oregon Government Ethics Commission, a guide for public officials.

5:39

I may proceed to participate in and vote on this matter.

5:41

Thanks.

5:42

Okay, thanks.

5:42

Thanks for the reminder.

5:43

All right, Pauline.

5:44

All right, good evening, Council.

5:45

Um tonight we're here to talk about the um tree codes that are currently in our bend development code as well as in our Bend Code.

5:53

So we're gonna go over those requirements as well as give examples of some developments that have taken place over the um past years, both residential developments, commercial developments, and mixed use developments, some examples, show you kind of before and after developments been approved and in some cases developed.

6:12

And then talk about real high level.

6:15

There's some new um rules through the climate-friendly and equitable communities um rules that we need to implement by the end of June related to parking and trees.

6:25

So I'm just gonna give you an overview of what's coming by the end of June for that, and then um go over some staff recommendations for the um amendments to the tree codes and um look for guidance from council on any other potential amendments.

6:42

I do want to highlight this is um part of the city council's environmental goal, and it also um the new goals that the council are working on is carrying over into it, so it's still um relative.

6:55

And the goal talks about improving the quality of life for people in Bend by increasing access to clear air, water, and a healthy environment, and it has an action item to revise the development code and other relevant standards to protect trees while also balancing housing affordability and the natural resources preservation.

7:16

So now I'm gonna turn it to Colin.

7:18

He's gonna go over the Bend Code first and then the Bend Development Code.

7:22

Maybe we'll run that slide for a second.

7:25

So just um so everybody's clear.

7:28

The you see the the abbreviations BC, that's Bend Code, and then Bend Development Code is BDC.

7:33

So the Bend Development Code is is Title 10 of the of the Bend Code, so just so everybody's aware of that.

7:39

Those are you'll see those throughout.

7:41

So next slide.

7:42

So within the Bend Code, this is Title 16.

7:46

Also, before I get into this, these I'm gonna go through about four slides that have both statutes and codes on them.

7:51

I used I like to have a little bit more like interactive pictures.

7:55

This is all words.

7:56

Um, so I will be kind of reading through them.

7:59

I did abbreviate a lot of the the codes that are in here, so just understand that this is an abbreviation about what we use and how these are applied.

8:07

So just a little uh caveat before I jump into this.

8:10

So the grading section of the bend code um is applied in in practice, this is applied after a property goes through development, although we have some inconsistencies within here that would make it appear as though it would it is applicable prior to development, but I'll get to that in a second.

8:30

But but um what it what it regulates is grading activities on on all undeveloped properties of properties without land use approval, including single family residential lots greater than an acre.

8:42

And then there's a few um standards that it has that it requires the twelve trees that are 12 inches diameter breast height, that's what DBH stands for, or larger must be retained.

8:54

And so I've I've highlighted this because you'll see on the next slide, this conflicts with the Bend Development Code tree size.

9:00

And part of what I'm gonna talk about tonight is how we have some conflicts between the two, and regardless of the broader policy that the council directs us to move towards, we need to get into this code and eliminate um these inconsistencies between the Title 16 and the Bend Development Code.

9:17

There's other things we need to change too, and I'll talk about that as well.

9:20

Um, another thing, it requires 50% of all trees between eight and twelve inches to be retained, and this conflicts with the Bend Development Code, um, their preservation requirements, and then obviously the trees to be retained must be protected, and that's that's you know pretty usual type of a regulation there.

Discussion Breakdown — Share of Meeting
Tree Preservation█████████████████████21%
Public Engagement████████████12%
Land Use Planning██████████10%
Transportation Fee█████████9%
Affordable Housing███████7%
Procedural██████6%
Engineering And Infrastructure██████6%
Homelessness████4%
Right Of Way Management████4%
Summary of Proceedings

Bend City Council Work Session and Regular Meeting - March 15, 2023

The Bend City Council held a hybrid work session starting at 5:00 PM and a regular meeting at 7:00 PM on March 15, 2023. The work session covered tree preservation code updates and transportation fee public engagement strategies. The regular meeting included public hearings on a supplemental budget creating a new Houseless Fund, a right-of-way vacation, recommendations for Commercial and Industrial Construction Excise Tax (CET) and ARPA awards, street preservation contracts, approval of the 2023–2025 Council Goal Framework, and second readings of two annexations. Council also heard public comments on homelessness, tree policies, and other community issues.

Consent Calendar

  • Approved the Consent Agenda unanimously, including minutes of March 1 work and regular sessions, OLCC report, software agreements (Fusus, Microsoft, SHI, Kronos), and an ODOT cooperative agreement amendment.

Public Comments & Testimony

  • Eric Garerty (lives in Prineville, works in Bend) urged the council to center voices of people experiencing homelessness and to rely on service providers; expressed concern about confusion caused by the camping code.
  • Sarah Ladwig (Bend resident) called for stronger enforcement against vagrancy and drug use, and for programs that require sobriety and job training for homeless individuals.
  • Joanne Mina (Bend resident, coordinator for immigrant community) advocated for Senate Bill 907 on workplace safety during extreme weather.
  • Jill Martinison (Bend resident) asked the council to clarify what "misinformation" they claim exists regarding houseless decisions.
  • Ken Atwell (land use chair, Southeast Bend Neighborhood Association) requested enforcement of a non-conforming commercial lot and praised planner Elizabeth LaFleur.
  • Corey Harlan (Cities and Towns Program Manager, Central Oregon Land Watch) urged the council to address both development-related tree removal and overall urban tree canopy, stressing that housing and tree preservation can coexist.
  • Roberta Silverman (land use chair, Southern Crossing Neighborhood Association) commended the council for starting tree code updates and suggested reducing street right-of-way width from 60 to 50 feet.
  • Carl Shoemaker opposed a proposed natural gas pipeline along East 27th Avenue, citing health risks.
  • During the public hearing on the supplemental budget (Item 6): Kevin Guadano (lives in county) opposed the new Houseless Fund, saying current efforts have failed and that the city is enabling homelessness. Dan Daly (Bend resident) opposed redirecting funds and criticized the city's property purchases for homeless services.

Discussion Items

  • Tree Preservation Code Update (Work Session): Staff presented inconsistencies between Title 16 (grading code) and Bend Development Code, the need for clear and objective standards (especially for residential development), and examples of tree removal in recent projects. Councilors discussed scope: favoring protection of large trees (e.g., using Southeast Area Plan standards citywide), focusing on large lots, avoiding barriers to affordable housing, and considering a tree inventory and in-lieu fees. Staff was directed to create consistency, clear and objective standards, and a discretionary track, with further discussion on public engagement at a future meeting.
  • Transportation Fee Update/Public Engagement (Work Session): Staff outlined three engagement options (council/staff-led, advisory group, work group) and key questions on revenue use, rate structure, equity, and accountability. Council converged on the middle option (advisory group engagement, 3–6 months) combined with targeted roundtables and a holistic approach that includes other funding tools (e.g., fuel tax, food and beverage tax). Councilor Riley was designated as the council contact.
  • Supplemental Budget and Houseless Fund (Item 6): Finance Director Jeanette Townsend explained the creation of a new Houseless Fund by moving existing appropriations ($7.2 million, mostly state/federal grants) from the General Fund for better transparency. Council emphasized this is an accounting change, not new spending. Approved unanimously.
  • Alley Right-of-Way Vacation (Item 7): Staff and applicant Greg Blackmore (for Big Red Block LLC) requested vacation of 160 feet of a 12-foot alley to facilitate a mixed-use development. Conditions include compensation ($96,000), utility easements, and retaining alley access for adjacent lots. Council discussed value and public benefit; approved first reading with an amendment to exclude the portion abutting lots 5, 6, 11, and 12 (retaining 20-foot alley).
  • 2023 CET and ARPA Funding Recommendations (Item 8): Housing Director Lynn McConnell and Affordable Housing Coordinator Melissa Camania presented recommendations from AHAC. Funding of $500,000 ($100,000 CET + $400,000 ARPA) was awarded to eight organizations: Don's House (staffing/social services), Housing Impact (permanent supportive housing at Cleveland Commons), Neighbor Impact (rent/mortgage assistance), St. Vincent de Paul (food, outdoor living support), Thrive Central Oregon (rental assistance), Volunteers in Medicine (free healthcare), and Council on Aging (building rehabilitation). The fund is underperforming; total requests were $2.4 million. Council approved the recommendations.
  • 2023 Street Preservation Contracts (Items 9 & 10): David Abbas presented the life-cycle cost benefits of slurry seal and paving. Approved contract with Knife River Corporation-Northwest for paving ($3,012,545) and with VSS International for slurry ($268,325). Both include bike lane improvements and ADA upgrades. Approved.
  • 2023–2025 Council Goal Framework (Item 11): City Manager Eric King presented the framework developed through community surveys, listening sessions, and a council retreat. The framework includes goal focus areas, strategies, and actions, with a detailed work plan to be adopted with the biennial budget. Approved.
  • Second Readings of Annexations (Items 12 & 13): Council unanimously approved the annexation of Cooley Road right-of-way (1.9 acres) and the Ferguson annexation (approx. 40 acres) via roll call votes.

Key Outcomes

  • Tree Code Update: Staff will proceed with code consistency, clear and objective standards, and a discretionary path; further discussion planned on public engagement.
  • Transportation Fee: Council selected the advisory group engagement path (3–6 months) with targeted roundtables; Councilor Riley will serve as council contact.
  • Supplemental Budget/Houseless Fund: Resolution adopted (7-0) creating the Houseless Fund, moving $7.2 million in appropriations for transparency.
  • Alley Vacation: First reading of ordinance approved (7-0) with amendment to exclude portion abutting lots 5, 6, 11, 12; applicant must pay $96,000 and meet conditions.
  • CET/ARPA Awards: Approved $500,000 in funding to eight organizations for housing and services.
  • Street Contracts: Authorized $3,012,545 for paving (Knife River) and $268,325 for slurry seal (VSS International).
  • 2023–2025 Council Goal Framework: Approved framework; work plan to be developed with biennial budget.
  • Annexations: Cooley Road annexation (1.9 acres) and Ferguson annexation (approx. 40 acres) approved on second reading.
  • Council Assignments: Councilor Riley to be transportation fee contact; Councilor Broadman to join Deschutes Forest Collaborative steering committee (general consent).

Meeting Transcript

Okay. All right. Let's get started with our five PM work session. Everyone's here. Council Perkins is excused. And um calling May Pauline. Good evening, Mayor. City Councillors, thank you very much for this opportunity to talk about trees and tree preservation in regards to development in City Bend. So this topic has been on council goals for at least the past couple of years. We do now have some time to um approach this as a project. So we're here to talk to you about what the regulations are to date. She's been with the city since October. And so she's going to be working very closely with Pauline on this project, so I've invited her to be up at the table with us today as part of the discussion. So I'm going to turn it over to Pauline who's going to kick it off with what the agenda is, and then I'll be back in just a minute to talk about existing regulations. So Pauline. And we should kind of move the mic over when you guys talk, so make sure people can hear you. Thanks. Can I interrupt? Should I make my statement? Go ahead now, Megan. Yeah, sorry. I just paused one second. I just have to do one potential state of potential, sorry, before we get started. On item uh I'm an employee of Hayden Homes. This item overview of the tree preservation codes and council direction might or may not have a financial benefit or detriment on Hayden Homes per Oregon ethics statutes in the Oregon Government Ethics Commission, a guide for public officials. I may proceed to participate in and vote on this matter. Thanks. Okay, thanks. Thanks for the reminder. All right, Pauline. All right, good evening, Council. Um tonight we're here to talk about the um tree codes that are currently in our bend development code as well as in our Bend Code. So we're gonna go over those requirements as well as give examples of some developments that have taken place over the um past years, both residential developments, commercial developments, and mixed use developments, some examples, show you kind of before and after developments been approved and in some cases developed. And then talk about real high level. There's some new um rules through the climate-friendly and equitable communities um rules that we need to implement by the end of June related to parking and trees. So I'm just gonna give you an overview of what's coming by the end of June for that, and then um go over some staff recommendations for the um amendments to the tree codes and um look for guidance from council on any other potential amendments. I do want to highlight this is um part of the city council's environmental goal, and it also um the new goals that the council are working on is carrying over into it, so it's still um relative. And the goal talks about improving the quality of life for people in Bend by increasing access to clear air, water, and a healthy environment, and it has an action item to revise the development code and other relevant standards to protect trees while also balancing housing affordability and the natural resources preservation. So now I'm gonna turn it to Colin. He's gonna go over the Bend Code first and then the Bend Development Code. Maybe we'll run that slide for a second. So just um so everybody's clear. The you see the the abbreviations BC, that's Bend Code, and then Bend Development Code is BDC. So the Bend Development Code is is Title 10 of the of the Bend Code, so just so everybody's aware of that. Those are you'll see those throughout. So next slide. So within the Bend Code, this is Title 16. Also, before I get into this, these I'm gonna go through about four slides that have both statutes and codes on them. I used I like to have a little bit more like interactive pictures. This is all words.

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