Bend City Council Meeting – January 17, 2024: SDC Updates, Right-of-Way Code, and Public Safety
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Bend City Council Meeting – January 17, 2024
The Bend City Council held a work session (starting at 4:00 PM), a joint work session with the Bend Urban Renewal Agency (BURA), and a regular meeting (starting at 7:00 PM) on January 17, 2024. Key agenda items included a quarterly update on council goals with a focus on public safety and automated traffic enforcement, the Central Oregon Intergovernmental Council (COIC) strategic plan, a capital improvement program (CIP) update, first reading of a right-of-way code and fee resolution, a public hearing on system development charge (SDC) methodologies and fee schedules, and a contract for the Riverfront Street Design project. The council also heard extensive public comment on the Israel-Gaza conflict and on SDC impacts.
Consent Calendar
- Approved the consent agenda, including minutes from January 3, 2024 (work session and regular meeting), the OLCC report, and authorization of an agreement with Otak, Inc. for the Stormwater Master Plan Update Project.
Public Comments & Testimony
- Visitor’s Section (Gaza ceasefire): Numerous Bend residents and a few from Redmond urged the council to pass a resolution calling for an immediate and permanent ceasefire in Gaza. Speakers expressed positions including:
- “Passing a ceasefire resolution costs no local resources, has the potential to save countless lives, and represents the will of the people.” (multiple speakers)
- “This is directly connected to local issues because federal spending on military takes away from our community needs.” (speaker)
- “As a Jew, I am horrified by the genocide, war crimes, ethnic cleansing being perpetrated by the Israeli government against the Palestinians. Not in my name.” (Johann Helf)
- “I ask you to stand with humanity to pass a ceasefire resolution. Silence is complicity.” (speaker)
- Public Hearing on SDCs: Multiple stakeholders spoke, including:
- Kevin Spencer (construction): “300% increases are pretty tough to swallow… our projects will probably end.”
- Hallie (dentist): “Massive increases in SDCs will make it very difficult for small providers like me to own a building.”
- Kim Bangerter (Central Oregon IPA): “Right now, wait times for primary care are four to six months. SDC increases will deter providers from coming to Bend.”
- Dr. Russell Massini: “The current medical office footprint doesn’t accommodate even current physicians. SDC increases will have a domino effect on healthcare access.”
- Tyler Nees (Central Oregon Association of Realtors): “We ask that you pause adoption of the commercial methodology and fee schedule; more outreach is needed.”
- Right-of-Way Code: Several utility representatives (Avion Water, Verizon, Central Electric Cooperative) thanked staff for collaboration and expressed support for the final code.
Discussion Items
- Council Goal Quarterly Update – Public Safety:
- Chief Kranz and Lieutenant Beekman presented on technology investments, including a “Bend Area Real Time Information Center” to improve situational awareness. Examples included a drone preventing a potential tragedy and a thermal drone assisting fire crews.
- Fire Chief Riley reported that response times decreased despite a 1% increase in call volume in 2023. A new engine at Pilot Butte station contributed to an improved ISO rating of Class 2 for the city.
- Automated traffic enforcement was evaluated: data from a 24-hour study showed 2,989 vehicles over the speed limit (35-45 mph) on Highway 20, with a high of 77 mph; at Highway 97/Murphy, a high of 92 mph. The chief noted that 73% of community survey respondents identified speeding as a moderate to major concern.
- Council directed staff to continue researching implementation, with a preference for a full build-out (fixed and mobile cameras) and a phased warning period. Equity considerations and a restricted fund for penalties were discussed.
- COIC Strategic Plan and Funding Update:
- Tammy Baney and Andrea Breault presented on transit services, including a new Route 9 (October 2023), upcoming Route 8, and Hawthorne Station safety improvements (construction starting late March 2024).
- COIC seeks a legislative change to be recognized as a qualified entity for STIF funds and requests a City Council member on the Regional Public Transit Advisory Committee (RPTAC). Council expressed support for the legislative ask and indicated Councilor Riley would likely join RPTAC.
- Capital Improvement Program (CIP) Update:
- Ryan Oester reported on 539 million in identified capital needs, inflation impacts (asphalt up 33% since 2020), and project delays. Key discussion: potential delay of Bond & Reed Market and Third & Reed Market projects due to ODOT’s long-term plans, while continuing Geobond projects. Council directed staff to study feasibility and cost estimates for Bond & Reed and Galveston, and to push Third & Reed to fiscal year 2025 to coordinate with ODOT.
- BURA Work Session – Tax Exemption Program Update:
- Jonathan Taylor and Rachel Baker presented on city incentives, noting that MUPTI (Multiple Unit Property Tax Exemption) has been successful but reduces near-term tax increment financing (TIF) revenue. Staff recommended a strategic assessment of all incentives and pausing new MUPTI applications during the review.
- Council supported the pause and directed staff to conduct the assessment, focusing on site-specific investment areas, with a draft expected in late summer 2024.
- First Reading: Right-of-Way Code and Fee Resolution:
- Michael Selkirk presented a new code replacing individual franchise agreements with a uniform regulatory framework. Amendments included apportioning indemnification based on fault and delaying the right-of-way access fee for providers until further council resolution.
- The council amended the code (approved unanimously) and adopted the resolution setting fees effective June 1, 2024, with the access fee delayed.
- Public Hearing: SDC Methodologies and Fee Schedule:
- Staff presented proposed updates to water, sewer, and transportation SDC methodologies, including tiered residential rates, a 30% urban area rate reduction for dense development in core areas, and adjustments to ADU fees (approx. $1,000 delta).
- Due to last-minute comments and a technical memorandum, the council continued the public hearing on the four resolutions to a later date (to be determined). The first reading of the code ordinance amending Chapter 12.10 was approved unanimously. Council directed staff to further analyze categories, consider phase-in options (e.g., 20% annual cap), and explore exemptions or adjustments for medical, educational, and unhoused services.
- Riverfront Street Design Contract: Authorized a contract with Harper Houf Peterson Righellis Inc. (HHPR) for design consulting services in an amount not to exceed $683,684.85.
Key Outcomes
- Public Safety: Council directed continued research on automated traffic enforcement, with a preference for a full program and a 30–60 day warning period. Staff will return with an implementation plan and community engagement strategy.
- COIC: Council expressed intent to support the legislative request for qualified entity status and will appoint a councilor to RPTAC.
- CIP: Staff will bring options for Bond & Reed, Third & Reed, and Galveston to a work session in late April/early May. Voter-approved Geobond projects remain on schedule.
- Right-of-Way Code: Ordinance passed first reading (amended) and fee resolution adopted. Effective June 1, 2024 for most fees; access fee delayed pending council direction.
- SDCs: Public hearing continued. Code amendments (Chapter 12.10) passed first reading. Staff to present revised methodology options at a work session on February 21, 2024. Key areas: phase-in, category disaggregation, and potential exemptions for medical/educational/ unhoused uses.
- BURA: Staff directed to conduct a strategic assessment of tax exemption programs, with a pause on new MUPTI applications during the review. Draft due late summer 2024.
- Appointments: Nathan Nelson and Bob Gressens (Planning Commission), Jackie Curry and Nancy Stevens (Human Rights & Equity Commission), and Jim Frigerski (Landmarks Commission) were approved.
- Contracts: Stormwater Master Plan Update (Otak) and Riverfront Street Design (HHPR) authorized.
Meeting Transcript
The uh den City Council work session, and the first item on our agenda is the council goal quarterly update. And we are going to start with hearing from our honored guests here. Um we have I think uh Chief Crance, you're gonna start us off this. So this is an opportunity to just kind of recenter ourselves in the council goals that we work so hard to create. It's those goals cover a two-year period, aligned with our budgets. Um, so what we we try to do at each quarter is is theme a goal and go a little deeper in tonight is public safety, and we're going to talk about um technology and the use of technology to reduce our response, be more efficient. Uh, we talked a lot about alternative responses in our community building subcommittee where we're uh deploying the um crisis response team. That acronym has changed. So we've done that, but we want to we want to tonight's focus on technology and helping us be more efficient with a focus on automated traffic enforcement. That is something that the council goals identify. So we're going to go a little deeper there. We want to hear from the police chiefs advisory council that was also part of the previous council goals and how they're tracking. We'll have an opportunity for broad board committee, commission uh engagement at the end of this meeting. Our hope is to get through these items by about 450 or so, and then in time for a five o'clock start time for our work session. But before we uh turn, I turn it over to Chief Kranz and Chief Riley. I'd like to just give you a high level of the council goals by the numbers. So as you know, we've got five goal areas, 13 strategies, and about 50 actions, about 92% uh tracking and in progress. We have a couple of items mainly uh on hold due to uh court cases related to climate-friendly and equitable communities, related to uh measure 114. So things that are beyond the city's control, so we've kind of flagged those as either not started or need some attention. But we're making progress. There's nothing that I have to report from our last quarterly check-in that is completely shifted. We might make some tweaks as we go forward on timelines and things like that, and we'll we typically will do a reconciliation midway through halfway through one year into our our goals this summer. So uh we'll probably do that in the July update. But just a few highlights from the last quarter since we had our check-in. I want to focus on our permitting process improvement. So, as we committed to, we had a first phase of permit and process improvements of just really getting our dashboard up and a focus on timelines. We hired a third party to help us identify issues. Um, so we've got uh we're building from a foundation. The next phase of that, this phase two, is really focused in five different areas. It's our pre-application process and setting expectations on the front end, internal communication and coordination, uh, communication and customer service, data and technology, and then engineering standards and land use or permitting requirements. We're engaging folks, our external stakeholders and addressing those. We have a series of meetings. Our first one, first external stakeholder group will be held tomorrow. Um, that includes architects, engineers, developer reps, commercial and residential builders, the chamber, and COBAR are all included in that process. Um, so we will continue to provide monthly updates so that you can you know just understand how this how this work is progressing. Of course, we have our dashboard, and I should have mentioned that at the outset. So I did a high-level overview of the council goals. We have a more detailed progress report on all those 50 action items and timelines and milestones, as well as track uh metrics that we're tracking for each of the five goal areas, including uh turnaround times for permits that I mentioned. And we are currently meeting all of our goals uh for those turnaround times, uh with the exception of we have engineering is uh having some staffing challenges right now, as well as just a high volume of activity, but all other areas we are meeting those benchmarks. Um, some other highlights include we've broke ground at public works campus, so we've done our grading work and we're starting to go vertical on some of the buildings. The warm water or warm uh vehicle storage uh building is starting to go vertical. Our air traffic control tower, as you know, is funded. Our design contract is underway. We're expecting to submit 90% drawings this week, which is a huge milestone, uh, and then allows us to receive additional funds for construction, uh, which uh we expect to hear kind of the final piece of the funding puzzle in March or April. Uh on the transportation projects that are completed, Neff and Purcell, big one. A big thank you to the community for their patience with that project. Newport was finished largely a while ago, but there's some last uh other pieces that were related to stormwater that were wrapped up. Um, and that that project won some awards that we highlighted in our year wrap-up. Our neighborhood street safety program, a number of just improvements to our mainly our residential system and creating uh more safer crossings, uh filling and missing links to our biking and walking system, and then our pavement rehabilitation program. We uh treated about uh uh 37 of our 900 lane miles, um paved 18 lane miles and slurry sealed uh 19 lane miles.
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