3. Good of the Order A. Week of the Young Child Proclamation (Councilor Russell)

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1 Bend City Council Regular Meeting The regular meeting of the Bend City Council was called to order at 7:00 p.m. on Wednesday,, in the City Council Chambers at Bend City Hall, 710 NW Wall. Present upon roll call by City Recorder Robyn Christie were Bend City Councilors Nathan Boddie, Barb Campbell, Bill Moseley, Bruce Abernethy, Justin Livingston, Sally Russell and Mayor Casey Roats. 2. Pledge of Allegiance 3. Good of the Order A. Week of the Young Child Proclamation (Councilor Russell) Councilor Boddie moved to proclaim the Week of the Young Child. Councilor Abernethy seconded the motion which passed unanimously, (7-0). Councilors Moseley, Livingston, Russell, Abernethy, Boddie, Campbell and Mayor Roats voted yes. Councilor Russell read the proclamation declaring April 24-28, 2017, as the Week of the Young Child. The proclamation was received by Holly Remer who thanked Council for their support. Ms. Remer is the Executive Director of Healthy Beginnings where they work to benefit and better the lives of children in our communities. Informational packets were provided to Council. B. Announce Colorado Lift Station Project Completion (video) A Colorado Lift Station video was presented. City Manager Eric King recognized partners in the project for their outstanding work and cooperation on the project. George Franklin, Project Manager, invited Council and citizens to the ribbon cutting which would be held on April 20 at 12 p.m. at McKay Park. 4. Visitor s Section 3 minutes per person; when invited to the podium, please state your name and whether you live inside the City of Bend. Chris Butler commented on the divide between east and west of Bend. He expressed concern with poor connectivity, suburban growth and sprawl. Mr. Butler said that building roads is no solution to traffic. Suzanne Johannsen, a 30 year resident of Bend, spoke about the need for bicycle and pedestrian access on 3 rd Street, specifically from Franklin Avenue to Wilson Avenue. Tracy Miller, a 10 year resident of Bend, spoke about a Memorial Day event at Troy Field. She would like to keep Troy Field the way it is. Bend City Council Regular Meeting Page 1 of 9

2 5. Consider a Motion to approve the Consent Agenda A. Approval of Minutes: February 15, 2017 Work Session February 15, 2017 Regular Meeting B. OLCC Report C. Award a five year Audit Services contract for the City of Bend to Moss Adams LLP and authorize the City Manager to execute a contract in the amount of $498,700 for fiscal years through D. Authorize a contract amendment with JRS for the additional utilities extension for the Helicopter Operations Area Phase II: Helipad and Apron Construction project in the amount of $437,375 E. Authorize a contract for Towing Services with Consolidated Towing and authorize the City Manager to execute the agreement in substantially the same form presented to City Council F. Authorize the City Manager to sign the FAA West Apron Ramp Reconstruction Project Engineering/Construction grant application and to accept and sign the FAA grant award when offered by the FAA End of Consent Agenda Councilor Boddie moved to approve the consent agenda. Councilor Russell seconded the motion which passed unanimously, (7-0). Councilors Moseley, Livingston, Russell, Abernethy, Boddie, Campbell and Mayor Roats voted yes. 6. Public Hearing on a Type III Quasi-judicial Comprehensive Plan Map, Zoning Map, and Development Code Amendments to create the 48 acre Shilo Master Planned Development (PZ ) and variance to open space requirement for master plans (PZ ) Recommended motion: I move for the first reading of the ordinance to create the 48 acre Shilo Master Planned Development, including Comprehensive Plan and Zoning Map amendments of approximately 15 acres from Public Facilities (PF) to Residential Standard Density (RS), and 0.12 acres from PF to Convenience Commercial (CC), and the addition of the Shilo Master Planned Development to the Bend Development Code as contained in Exhibit D with revisions to provide 10 percent open space, along with the findings and conditions of approval in Exhibit A. Assistant City Attorney Gary Firestone reviewed the following procedural rules for a quasi-judicial hearing. Bend City Council Regular Meeting Page 2 of 9

3 Statement of Procedural Rules by City Attorney and declaration of ex parte contacts and conflicts of interest. In each of the quasijudicial agenda items, the following procedure shall govern the hearings: 1) The City Council will declare exparte communications, including site visits as well as actual and potential conflicts of interests. Those in attendance will have an opportunity to challenge the disclosures; 2) A planning staff representative will outline the application and the approval criteria. This information is also outlined in the staff report which is available to the public; and 3) The City Council will hear testimony, receive evidence and consider the testimony, evidence and information already submitted into the record. This is the time reserved for the City Attorney to inform meeting participants of this process. The procedural requirements of Oregon law are: 1. Open the hearing - Mayor 2. Statement of pre-hearing contacts, bias, prejudice or personal interest Gary Councilor Campbell declared ex parte contact with a local lobbyist from the Central Oregon Builders Association who asked if she would have coffee with her. She said that she would meet her for coffee but never did meet. Mr. Firestone noted that it was already in the record. 3. Challenge for bias, prejudice or personal interest - Gary 4. Staff Report Senior Planner Karen Swenson presented the staff report. Lindsey Hopper, a Planning Commission member, read a brief summary explaining why they recommend that the requested variance be denied, mostly because it did not meet the requirement for public space. 5. Applicant's presentation Jody Ward provided a brief history of the work that Jan and Jody Ward have done, including the first planned unit development in Bend with private roads, parks and a homeowners association. She said that they hope that Council will approve this project so that they can continue to build quality homes in Bend. Laura Craska Cooper, attorney representing the applicant, explained their request for a variance on the 10% open space requirement. She reviewed the process they followed to determine the best way to develop the project and explained why they believe a variance is required for the site. Councilor Abernethy confirmed that lot prices would have to be made up if four lots were removed from the proposal. Bend City Council Regular Meeting Page 3 of 9

4 Councilor Boddie asked if the Country Club Golf Course property, noted as nearby open space, is open to the public. Ms. Craska Cooper said that she did not believe that it is open to the public. Councilor Russell asked what the current status is on the undeveloped school property. Ms. Craska Cooper said that she does not know what the status is. 6. Public Testimony Karna Gustafson, vice president and legal counsel for Central Oregon Builders Association, spoke in support of the variance request. Councilor Boddie asked how we know what the AMI is. Ms. Gustafson said that she does not have exact statistics and because the property has not be developed yet, she is not sure. Chuck Rieb moved to Bend in 1964 and has lived in Ward developments and been very happy. He spoke in support of this request. 7. Applicant's rebuttal 8. Opponent rebuttal may be allowed at the Council's discretion 9. Staff comments 10. Questions from the Council Councilor Abernethy asked about shifting open space to another development. Ms. Swenson stated that there is no precedence. There was a proposed development that wanted to use school property as part of the required percentage of open space; however, because the property is not available at all times it was not considered Councilor Russell asked about master plan development requirements. Ms. Craska Cooper reviewed the requirements. Current Planning Manager Colin Stephens provided further explanation on why the criteria was set up the way it was for open space. Councilor Russell asked about the minimum density in the RS zone. Mr. Stephens reviewed the current minimum density requirements and noted that it will be increasing with the new code. Councilor Russell asked where the closest public park is. It was noted that the closest public park is Sun Meadow and the one proposed in Stone Creek. Councilor Campbell confirmed that there is no minimum requirement for convenience commercial. Bend City Council Regular Meeting Page 4 of 9

5 Councilor Livingston asked the applicant about their pro forma. Ms. Ward responded that they want to be the best houses with the largest lots possible. Ms. Craska Cooper added that Council has the ability to grant a variance based on site constraints: topography, limited access and existence of the railroad. 11. Close the hearing - Mayor Hearing no further comments, Mayor Roats closed the public hearing. Councilor Moseley stated that the applicant made a good faith effort to show the challenges with the lot and meeting the 10% open space requirement. He expressed support of approving the variance. Councilor Livingston moved to approve the variance (PZ ). Councilor Moseley seconded the motion which failed, (3-4). Councilors Moseley, Livingston and Mayor Roats voted yes. Councilors Russell, Abernethy, Boddie and Campbell voted no. Councilor Livingston said he felt the applicant met the requirements with a challenging parcel shape. He felt like the variance was justified. Councilor Boddie agreed that it makes sense, but it is not allowed in the Code. He said he would be supportive of reviewing the current Code. At Councilor Boddie s request, Mr. Firestone read the specific criteria for the variance being requested. Councilor Russell recognized the importance of having more houses being built in Bend. She also recognized that the proposed lots are much larger than we will see in the future. However, there is still plenty of opportunity to accommodate the 10% open space requirement, so she was not in favor of the variance. Councilor Campbell agreed that the lots could be made smaller to allow for the open space requirement. Mayor Roats spoke in support of the proposed variance because he is not concerned that the current open space will stay open. Councilor Russell reminded Mayor Roats that they are reviewing only the site upon which the application is for. Councilor Abernethy agreed with Councilors Boddie and Russell because it is possible for the open space requirement to be met. Councilor Russell moved for the first reading of the ordinance to create the 48 acre Shilo Master Planned Development, including Comprehensive Plan and Zoning Map amendments of approximately 15 acres from Public Facilities (PF) to Residential Standard Density (RS), and 0.12 acres from PF to Convenience Commercial (CC), and Bend City Council Regular Meeting Page 5 of 9

6 the addition of the Shilo Master Planned Development to the Bend Development Code as contained in Exhibit D with revisions to provide 10 percent open space, along with the findings and conditions of approval in Exhibit A. Councilor Campbell seconded the motion which passed unanimously, (7-0). Councilors Moseley, Livingston, Russell, Abernethy, Boddie, Campbell and Mayor Roats voted yes. 7. Code amendments to Bend Code regarding Administration of Room Tax The staff report was provided by Mr. King Councilor Russell moved for the first reading of the ordinance amending Bend Code regarding administration of room tax revenues. Councilor Boddie seconded the motion which passed unanimously, (7-0). Councilors Moseley, Livingston, Russell, Abernethy, Boddie, Campbell and Mayor Roats voted yes. 8. Public hearing on text amendments to the Bend Code Chapter 9.50, Signs Recommended motion: I move for the first reading of an Ordinance amending the Bend Code Chapter 9.50, Signs. Mr. King suggested that Council table the language related to non-conforming signs to allow an opportunity for BEDAB to weigh-in with suggestions for Council. The staff report was presented by Senior Code Planner Pauline Hardie and Assistant Planner Kim Voos. Lindsey Hopper, a Planning Commission member, noted that a great deal of support was expressed for the proposed change. The Planning Commission was unanimous in support. Mayor Roats opened the public hearing. Sarah Jordan, co-owner of Looney Bean and member of Downtown Bend Business Association, spoke in support of the Planning Commission s recommendation. Ray Woodmangee, owner of Blue Barrel signs, expressed concern with restrictions on A-frame signs and would like to see the Code opened up to the whole city. He also expressed concern with the language requiring registration and the fee to register. Peter Carlson, of Carlson Sign Company, supported the recommendations. He opposed the changes for non-conforming signs. Hearing no further comments, Mayor Roats closed the public hearing. Councilor Moseley moved for the first reading of an Ordinance amending the Bend Code Chapter 9.50, Signs excluding the amendments to Bend Code Bend City Council Regular Meeting Page 6 of 9

7 Nonconforming Signs also excluding the fee and permit for A frame signs and allowing A frame signs throughout the city (all commercial areas, not just downtown). Councilor Abernethy seconded the motion. The motion was withdrawn. Councilor Moseley moved to table the motion to refer to BEDAB to return to Council no later than May 17 for a first reading. The motion was withdrawn. Councilor Moseley moved for the first reading of an Ordinance amending the Bend Code Chapter 9.50, Signs excluding the amendments to Bend Code Nonconforming Signs. Councilor Abernethy seconded the motion which passed unanimously, (7-0). Councilors Moseley, Livingston, Russell, Abernethy, Boddie, Campbell and Mayor Roats voted yes. Councilor Moseley moved to ask BEDAB to consider amendments to 9.50 for proposals on how to address non-conforming signs, A-frames throughout town, permit and registration fees by the August 23 Council meeting. Councilor Livingston seconded the motion which passed unanimously, (7-0). Councilors Moseley, Livingston, Russell, Abernethy, Boddie, Campbell and Mayor Roats voted yes. 9. Public hearing on a resolution to establish fees and charges for Vehicle for Hire (VFH) License Program The staff report was presented by Lorelei Williams, Program Coordinator. At Councilor Boddie s request, Ms. Williams explained how the required fees were determined. Mayor Roats opened the public hearing. Hearing no comments, Mayor Roats closed the public hearing. Councilor Russell moved for a roll call vote to adopt the resolution amending fiscal year fee resolution as presented to establish fees and charges for the Vehicle for Hire License Program. Councilor Livingston seconded the motion which passed 6-1 on roll call vote. Councilors Russell, Moseley, Abernethy, Livingston, Campbell and Mayor Roats voted yes. Councilor Boddie voted no. 10. Public hearing on a resolution to authorize an exemption to use direct appoint CMGC procurement for Water Reclamation Facility (WRF) improvements Mayor Roats reminded Council that there is active litigation with regards to our Waste Water Facility and asked them to be especially mindful of the questions that they ask and that they are only in regards to this agenda item. Staff report by Jeff England, Assistant Director of Engineering, presented the staff report. Bend City Council Regular Meeting Page 7 of 9

8 Mayor Roats opened the public hearing. Hearing no comments, Mayor Roats closed the public hearing. Councilor Livingston moved that the Bend City Council, acting in its capacity as the Local Contract Review Board, hold a roll call vote to adopt a resolution to authorize an exemption as provided by ORS279 to use direct appoint CMGC procurement for Water Reclamation Facility improvements and to adopt the required findings as submitted. Councilor Moseley seconded the motion which passed unanimously on roll call vote, (7-0). Councilors Russell, Moseley, Abernethy, Boddie, Livingston, Campbell and Mayor Roats voted yes. 11. Council Action and Reports A. Committee Reports Councilor Campbell asked if are any plans for improving sidewalks along 3 rd Street between Franklin and Wilson as noted during public comment. Mr. King said that there are sidewalk improvements that are occurring but the concern seemed to be crosswalks. He will send further information to Councilor Campbell. Councilor Campbell acknowledged the good work of Police and Fire at the Greg Walden event. She also mentioned that the Earth Day Festival is this weekend starting off with a parade at 11:30 a.m. Councilor Campbell moved that the City of Bend seek to achieve a diversity of representation on its citizen committees and encourage women and people of all racial ethnic and geographic backgrounds to apply. Councilor Boddie seconded the motion which passed unanimously, (7-0). Councilors Russell, Moseley, Abernethy, Boddie, Livingston, Campbell and Mayor Roats voted yes. Councilor Livingston announced that the Old Farm Neighborhood Association general meeting will be held tomorrow night at the Senior Center. Councilor Boddie commented on the consequences of redirecting budgets to streets. Councilor Abernethy attended the COIC Board, Housing Missing Middle presentation, Housing First meeting where Preston Callicot spoke about tech and a possible innovation district. He noted that only one person attended Council office hours. Councilor Abernethy also reported on Visit Bend. Councilor Moseley had 15 people attend Council office hours. The MPO meets tomorrow and are in the process of developing a mission. Councilor Moseley also reported on meeting with Visit Bend. Councilor Russell commented on Visit Bend working to soften the impact of tourists on the community. She talked about the role of Council in a quasi-judicial hearing. Bend City Council Regular Meeting Page 8 of 9

9 Mayor Roats recommended Sandy Stevenson, a resident of the NE quadrant of our city, fill the recently vacated Budget Committee seat. Council concurred. Mayor Roats recognized Gary Firestone s retirement and Eric King s 10 year anniversary. Councilor Abernethy also acknowledged Mr. King for his service to the City and how fortunate we are to have him. 12. Receive City Manager's Report Due to the lateness of the meeting, Mr. King waived his report. 13. Adjourn The meeting was adjourned at 10:13 p.m. Sincerely Submitted, City Recorder Robyn Christie /mba Bend City Council Regular Meeting Page 9 of 9