Bend City Council Meeting - September 6, 2023

The Bend City Council met on September 6, 2023, in a hybrid work session (5:00 p.m.) and regular meeting (7:00 p.m.) at City Hall. The work session focused on public safety system updates, camping code enforcement, hate speech and discrimination response, and the system development charge (SDC) methodology update. The regular meeting included proclamations, public comments, consent agenda approval, legislative hearings on the Stevens Road Tract urban growth boundary (UGB) and building code amendments, and contracts for the Water Reclamation Facility (WRF) clarifier rehabilitation. Council also received committee and city manager reports.

Consent Calendar

• Approved minutes from August 16, 2023 work session and regular session.
• Accepted the OLCC report for information.
• Approved the July 2023 monthly financial report.
• Authorized an additional $237,027.20 for the city-wide parking management system agreement with Passport Labs, Inc., bringing the total not-to-exceed amount to $803,490.75.
• Accepted a $100,000 grant from the Oregon Department of Energy Community Renewable Energy Grant Program.
• Authorized an intergovernmental agreement with the Oregon Health Authority for Ground Emergency Medical Transport (GEMT) reimbursement, with a city contribution not to exceed $300,000.
• Approved three enterprise zone property tax exemption agreements with CiES Inc., R&J Olsen Inc. (dba ASI), and Seràn Biotech LLC for new capital investments.
• Authorized a $75,000 amendment to the services agreement with JECS Inc. dba Central Oregon Bio Solutions for abandoned encampment cleanup at Juniper Ridge, for a total not to exceed $388,930.50.

Public Comments & Testimony

• Kristen Fowler (Bend resident) requested council intervention to reduce bass noise from the Hayden Homes Amphitheater, which she experiences 3-4 miles away, disturbing her peace and quality of life.
• Nancy Hawkes, John Hawkes, Suzanne Canning, and Fred Betts (residents of Northwest Crossing) described constant noise (60-65 decibels) from a TDS/BendBroadband utility box on city land near their homes. They asked the city to require relocation of the box, stating the noise is a nuisance and prevents them from using their front porch. Council acknowledged the issue but noted limited city authority, expecting TDS to respond.
• Justin Gottlieb (12-year Bend resident) proposed a friendly challenge to nonprofits and charities participating in the bottle drop blue bag program: his team of homeless individuals vs. organizations to collect the most cans in October, to demonstrate real-world value for those without resources.
• General public comment also raised concerns about noise pollution and airport lead emissions.

Discussion Items

• Council Schedule Requests: Councilors Broadman and Perkins requested work sessions on the public safety system (with presiding judge, district attorney, and police chief) and camping code enforcement updates. These were scheduled for October 2023. Council expressed support.

• Addressing Hate Speech and Discrimination: Equity and Inclusion Director Andrés Portela and Accessibility and Equity Manager Cassandra Kehoe presented on community experiences of bias incidents and crimes. They recommended: 1) building a regional coalition for shared response, 2) creating a formal council response process with legal and equity teams, 3) continuing the Human Rights and Equity Commission (HREC) resource guide for community members, and 4) updating the sponsorship program to include a safety plan for hate and extremism. Council unanimously supported the recommendations and noted the importance of proactive and timely responses. Councilor Méndez suggested also addressing large-scale hate events.

• SDC Methodology Update: Chief Operations Officer Russell Grayson, Senior Policy Analyst Sarah Hudson, and consultant Deb Galardi presented proposed changes to water, sewer, and transportation SDCs. Key proposals included: tiered rates for single-unit dwellings (by square footage), a single per-unit rate for middle housing (duplexes, triplexes, fourplexes), continued exemptions for affordable housing and temporary shelters, expanded exemption for childcare to all systems, expanded SDC deferral program to all development types, and a location-based transportation rate for the core area (data-supported 25-30% reduction). Council gave direction on several questions:

  • Middle housing: Explore square-footage tiers for middle housing (especially cottages) but maintain a single rate for duplexes/triplexes/quadplexes unless data supports otherwise; staff to return with analysis.
  • ADUs: Keep current policy (25% of transportation SDC) to maintain incentive.
  • Micro-units and single-room occupancy: Charge at a rate less than apartments, based on lower impact; staff to determine appropriate percentage.
  • Exemptions: Continue 100% exemption for affordable housing and temporary shelters; expand child care exemption to all SDC systems.
  • Deferrals: Expand to all residential and commercial/industrial development, with phased implementation beginning with multi-family and middle housing, then single-family, then commercial/industrial. Fees set at time of permit issuance.
  • Location-based rates: Apply to core area first; staff to explore if other areas (e.g., climate-friendly areas) can be included using floor area ratio or other metrics.
  • Council requested staff to return with a full work session in December before adoption in January 2024.

• Stevens Road Tract UGB Amendment (First Reading): Senior Planner Damian Stennick presented the proposed amendments to include 261.66 acres (owned by Oregon Department of State Lands) in the Bend UGB, following House Bill 3318. The concept plan includes ~147 acres for housing (up to 2,500 units, 700 deed-restricted affordable), a 28-acre community park, commercial land, and a future school site. The first reading advanced unanimously. Second reading and adoption scheduled for September 20, 2023.

• Building Codes Amendment (First Reading): Staff presented a housekeeping item to add state-removed pedestrian protection requirements (covered walkways) into Bend Municipal Code. Unanimously approved first reading.

• WRF Primary Clarifier Rehabilitation Contract and Loan: Engineering Associate Dade Pettinger and Financial Accountant Joe DeVall requested authorization for a $2,436,720 construction contract with 2KG Contractors, Inc. (lowest of three bids, within engineer's estimate) and a Clean Water State Revolving Fund loan from Oregon DEQ for up to $4,000,000 at 1.97% interest. The project includes replacing sludge collector mechanisms in two clarifiers (from 1981) and concrete repairs, with completion by April 1, 2025. The project budget is $4 million; actual loan amount will be limited to project costs. Council approved both items unanimously.

Key Outcomes

• Work Session Items: Council directed staff to schedule public safety and camping code enforcement updates in October 2023.
• Hate Speech and Discrimination: Council endorsed all four recommendations from staff/HREC and directed staff to begin implementation, including forming a regional coalition and updating the sponsorship program.
• SDC Methodology: Council provided direction on tiering, exemptions, deferrals, and location-based rates. Staff will prepare detailed proposals for a December work session, with adoption targeted for January 2024.
• Stevens Road Tract UGB: First reading approved unanimously; second reading set for September 20, 2023.
• Building Code Amendment: First reading approved unanimously; second reading to follow.
• WRF Clarifier Project: Construction contract (not to exceed $2,436,720) and DEQ loan resolution (up to $4,000,000) approved unanimously.
• City Manager's Report: Council supported removing fees for dumpster placement under the fire-free program, accepted the manager's plan to sign a $1.6 million federal grant for the air traffic control tower (formal acceptance in October), and noted the release of the integrated stormwater management plan for public comment.