all right, we will call to order our business meeting of the bend city council tonight, thanks for being here. steve platt, he/him. >> norris. She/her. mike riley, he/him. mendez, he/him. gina franzosa, she/her. and councilor perkins is excused and proclamations, arbor day, councilor mendez. this is a distinct pleasure because not many people know that my middle name is tree. And the way that my mom tells it lucky that tree wasn't my first name. Whereas, in 1872, the nebraska board of agriculture established a special day to be set aside for the planting of trees; and whereas, this holiday, called arbor day, is now observed throughout the nation and the world to recognize the value of trees and their positive benefits to human welfare and a healthy environment; and whereas, the city of bend is celebrating 23 years as a tree city usa; and whereas, trees can be a solution to combating climate change by sequestering carbon and, by providing shade that moderates urban temperatures, reducing the need to actively cool our homes and buildings; and, whereas, trees clean the air, produce life-giving oxygen, and provide habitat for birds and other wildlife, all of which contribute to human health and well-being; and whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and whereas, bend community members have expressed their desire to maintain a healthy tree canopy because it protects the character of our community and provides all of the other benefits described above; and whereas, tree planting activities engage people of all ages in understanding the importance of trees and proper tree care, and promote the well-being of this and future generations; and whereas, arbor day is a call to action for all citizens to join in an effort to promote the good health and beauty of our local and global environments; and whereas, arbor week in oregon is held the first full week of APRIL each year. Now, therefore, the bend city council does proclaim: that friday the 24th of APRIL 2026, be designated " arbor day" for the city of bend. I move acceptance of the proclamation. >> second. moved by councilor riley and second by councilor franzosa, all in favor. >> aye. and we have four groups to accept the proclamation today, from save bend green space we have robby silverman. And the city of bend urban forester, ian gray. And teacher from middle school and national honor society adviser, jane shine. And we have students from middle school, dash, theona and tyler, can we invite all up? we don't have enough chairs. If anyone that wanted to make a statement, we will take a picture after this. And if anyone wanted to say anything to accept the proclamation, is robby here? You want to say anything. you know me -- I don't know if ian wants to make remarks. why don't you come up robby and start with you two. Foritously we have planting event on 24th at middle crest middle school and we have eighth graders to plant 31 trees along with residents of the community, yeah, really excited to make that happen. I will be super quick, we have about 150 students at pacific crest that are involved in the national honor society and last year completed 4,000 community service hours and excited to participate with ian and our school's green team as well. Within 24 hours we have 60 volunteers and 12 parent volunteers ready to roll. We are excited to participate. Thank you. all right. Great. well, save bend green space is honored to be a part of this proclamation and a 501-c organization and our vision is balancing bend for the growth of saving trees for the health of our community. As we celebrate arbor day this year we want to commend city council for enacting bend's tree code and establishing urban program and establish ian gray to be arborist across areas of the city. to put another way, healthy trees, healthy bend. Which happens to be the slogan of the volunteer based effort to inventory and assess condition of trees launching this spring. And kudos to you ian for leading this vital project. And take the opportunity, in face of all of this progress a huge percentage of bend's trees are under attack. As council reassesses the juniper trees under the tree code ask that you recognize that juniper trees make much of the canopy on the east side of bend where development is slighted. Bend could risk a dangerous drop in overall tree canopy, one will be extremely difficult to reverse. Thank you mayor and councilors for commemorating arbor day and for protecting trees in bend. thanks robby. Take a photo. Thanks everybody. [Applause] All right, next is our darksky week proclamation. well, great, thank you it's my honor to be doing the darksky proclamation once again this week, and particularly this evening when we have four brave astronauts into those darkskies and wish them fair winds and following following, whereas, international dark sky week is observed in APRIL on the week of the new moon; and whereas, the experience of standing beneath a starry night sky inspires feelings of wonder and awe, and encourages stewardship of our shared environment and our magnificent dark skies; and whereas, dark skies are an integral aspect of the sustainability of oregon's wild ecosystems as a key environmental factor in bird migration, insect pollination, and human sleep patterns; and whereas, oregon's dark skies are a significant natural resource, with seven accredited international dark sky places to date- sunriver, prineville reservoir state park, oregon caves national monument, city of antelope, oregon outback sanctuary, cottonwood canyon state park, and city of sisters; and whereas, eastern oregon holds the world's largest dark sky sanctuary, and an area of the largest pristine night skies in the contiguous 48 states; and whereas, astro-tourism, including star gazing, astronomy star parties, and dark sky photography, is an evolving facet of outdoor recreation with real economic benefits for communities across oregon, and which promotes the mitigation of light pollution. Now, therefore, the city council of bend, oregon, does hereby proclaim APRIL 13-20, 2026, to be international dark sky week in bend, oregon, and encourage all oregonians to join in this observance. I move acceptance of proclamation. >> second. moved by riley and second by mendez. All in favor. aye. >> and great, we have folks that are able to come up and talk about this. We have brandon matthews and jeanine from dark skies oregon and taylor Mccuen from the bend those are two aerial views of the stadium and the one on the left is before and the one is after. And hard to notice at first but the more you stare at it, you can see the difference and the overspill of roads, because we are inside of a neighborhood practically. And that practically brought down the night sky to zero and quite substantial down roosevelt and fifth and wilson. That helped the neighbors with lights when in use. And on the flip side of that on the field as well, made it a lot brighter. They are L.E.D. Lights and more efficient. I think 60% more efficient in terms of energy. And a lot safer for all the community members using the field especially with our team and other little leagues and high school teams too. great, thank you, that just happened to be happening dhurg time -- during this time, thanks for that process, taylor. Go ahead, brandon. I would like to thank the city of bend and this council for recognizing dark skies as worth as something protecting. And recognition matters and help establish precedent for city oregon and beyond. Most people alive have never seen the milky way. And this is not only a human loss. Harsh artificial lighting interrupts wildlife and nesting and feeding patterns. What makes central oregon a special place. Responsible lighting isn't living in pitch black, it's about being intention sxal prudent. This means shielding lights downward and lighting only what needs to be lit. And warmer tones. And the bend night sky is protecting a wonderful and unique natural resource. And we are a group advocate for these lighting practices and to that end this proclamation means a great deal to this community. This is the only beginning. And hope it's a start of bend and central oregon where residents step outside on a clear night and look up and see what humans have always seen, a sky full of stars. thank you. Take a quick picture? [Applause] all right, so that will bring us into our council action and reports. There was one letter that has been put together based on a template that was forwarded to council all to support the bend to suttle lake wildlife proposal and get council's head nods on that and get that submitted. And councilor reports. Councilor franzosa. thanks not too many official meetings in the past two weeks. But lots of conversations including with the old bend neighborhood and the southern crossing neighborhood. And some conversations with folks who are invested in the core area renewal area and eager to work with the city to get that moving. >> councilor mendez. yes, thank you, on MARCH 26, the city of bend advisory committee met to approve their draft work plan. There is a committee that is very ambitious. It's a two-year work plan and they have members participating in all events across the city. Film festivals. Lunches. And other exhibitions. And they're very ambitious and I think it's fantastic. The bend metropolitan planning organization met yesterday irregularly scheduled off cycle meeting to accommodate schedules. And basically just covered normal business updates to the metropolitan transportation improvement plan and other unified working plan, I forget the acronym. So excuse me but it was a busy meeting. >> okay. That's all. >> councilor riley. few, I unfortunately missed mpo meeting yesterday and thought would get hazed. You didn't do it, and express gratitude for those organized the no king's rally this weekend and to showing up and having a peaceful gathering. And I had a talk to meet with the business community and meet new folks and what people are doing in the community. And give a shoutout to amy stall, and the founder and her talk about company commitment to triple bottom line and making that happen here in bend, oregon. Inspiring. And I know that the mayor talk about this and passing of warm springs chief earlier this week and let him and his people know and the family and rest of the members of confederated tribes of warm springs they are in my thoughts with his passing. thank you. Councilor norris. yeah, I attended the city club meeting last week, which is always a great organization, really good dialogue. Always interesting issues. It was on the mapping process for the deschutes county commission and our mayor was on the panel. Did a great job. thank you. and standing up for bend and appreciated that conversation. And then I attended league of city training on community engagement. Just interesting to hear from different cities across oregon and how they are engaging in their community and showing up and swapping stories and learning different ways to engage. Very informative. That's it. >> great, councilor platt. spring break was last we're for the teachers in the crowd, that was nice. I did go to the affordable housing advisory committee and tell you, I am amazed what our committees are doing for us and example of working hard and community development and grants out in a meaningful way. To get food to food banks and to get access and resources to folks here locally. I really appreciate what they are doing and all the folks involved and contributing to their city on a purely volunteer basis, that's it. great, thank you. All right a few things to announce on my end. The committee applications are open if you want to try to join a city committee. We have some openings, some are limited but MAY qualify. And affordable housing committee and bend economic development and advisory community and human rights and equity commission all have openings. Anyone interested can go to the website and apply to the end of this month. I sent a note to council to do our flower basket for dbba again and make sure that is okay for everyone. And seeing head nods. I had a request from someone who works with our national guard to recognize and make a statement that APRIL is the month of military child. That's a recognition of the families and especially the children of our members of sxhlt what they go through -- steve is nodding his head. And they are encouraging people to participate in purple up day, it's a statewide event to wear purple on APRIL 9, 2026. They have a team panel of military children that are organization with the national guard. And the quote from this teen who is named grace, here in oregon we don't have a military base so military teens don't have a voice or get recognition. And this day is to honor military kids and for the difficult experiences they go through. And want to mention that. And a lot of stuff goes on this time of year, important things. Yesterday was transgender day of visibility, which I will read information from the glad website. It's a day to raise awareness of transgender people and celebrate their lives and the violence that they face compared to nontransgender people. And created by crandall, created the day in response to the media stories of transgender people focused on violence. Hoped to create a day to celebrate the lives of transgender people and due to discrimination not every trans-person wants to be visible. And with increasing attacks across the country and we want to stay to our trans-community. We see you and value you and important part of this community and if you are able to be visible and yourself in bend. And we want to send our condolences to the warm springs tribe on chief, died sunday and buried at sunrise this morning. And 87. And read from article, as chief he played an important dual role to uphold the tribe traditions and values and educate the outside world what it meant to be sovereign nation and treaty of 1855, and created a small portion of what would be the tribe as territory and oregon became a state using that land. And he was friends with governors, on one trip on salem in the 1990s and told the oregonians that he was visiting the capital to remind that we are a nation within a nation. And remembering him that the state understood what it meant to be sovereign and the tribes have their own judges and independent of state engagement and educated all of us and me. There is more information on learn about the chief. The tribal chiefs serve for life, he has been serving for a long time and difficult to fill his shoes, I know. And we still have our relationship with the confederated tribe of warm springs and working on when our next gathering and the flags at half staff is honoring the passing of warm springs chief. And visitor's section and we have one person online and a few in-person. And this is the time to talk to council directly about city issues. Please address council as a body and not individuals. Please keep your comments respectful and nondisruptive so we don't have to stop you to leave. I don't think we will have issues with that tonight. Jonathan westerman online and get that set up and kick us off. jonathan, you can unmute. good evening mayor and councilors. For the record, I am jonathan westmorland. I hope after my last public comment you see me as ally and not adversary. Earlier today I sent four related documents, signals and safeguards and proposed framework and companion memo and staff tools appendix. I am not asking you to adopt these materials but for a first step. At last contract subcommittee meeting one slide is to foster public trust and fairness and honesty and best value. I think that's why these materials deserve staff review. At a neighborhood meeting last month that bend plans for land use, transportation and sewer and water. See that same long-range thinking for privacy that shapes the future for bend for residents. Because the public contract meeting meets on APRIL 10 and does not meet often and ask staff to review the materials and begin a discussion whether bend should have a more consistency framework. My request is simple, please have staff review the documents that I sent this morning and start the conversation on APRIL 10. >> thank you jonathan. All right we will go to in-person comment. Next you can come -- when I call your name come up to the chair and tell us your name and whether or not you live in the city of bend and two minutes to give your comment. Get the timer here and flash yellow at 30 seconds. And start with ben leach. Come on up. my flame is ben leach, I split time between walla walla and bend, but I own a small business on wall street, a teacher shop. Sorry very personal, I am wasting all of your time. I have two water mains into my small business and maybe the only person that suffers from this and it used to be split and combined in one building 40 years. I called the city water department and say no way to combine your bill, I pay $157, the bar rio, next to me that uses 100 times the water I use, I have four girls that go to the bathroom and wash their hands once a day. Just on this one bill it's $1885 a year I am paying more than other people and the city engineer, I think his name is mike. I apologize. You have to go to city council and only one that can untie my hands and pay one sewer fee and not using it and because we have two meters. The other option is to remove the meter and unsafe for the line to the meter. I have to dig up the road and put in a copper plug in there. And talking about closing down main street for 40 cents of water and to city council and change the policy to change your bill. I don't know if I can do that here or write in private. >> our city manager. our public works director is here and ask that he talk to you out in the hall and get information and see what we can do. >> totally cool. Talk to city council. you are on the right track and get information. meet out in the hall. >> awesome. Appreciate it. next is brandon reed. >> council and staff, thank you for the opportunity to comment. Also thank you for the BREADth of work that you do, I appreciate your public service. As you know I am an organizer of bend and chemical engineer and make two points on the climate impact fee. And first do not carve out objection out -- exceptions for rmg, cascade has insufficient assumptions about the cost of rmg, the city align with the entire carbon market and save for rmg. We don't have a lot. And second ask, implement policy in 2027 and pushing builders to heat adoption with heat in new houses that we need in central oregon. This is the biggest possibility for bend to reduce greenhouse gas emission. We didn't have a winter and the worse snow drought than any western state and an opportunity cost and staff recommendation to push out 20 months based on speculation about next regulation and how it pans out. And not a sound basis to make policy decisions on. And again we can't afford to wait more, try something, update the policy, rely on that and don't keep pushing out. We can't kick the bucket anymore. thanks ben. Next speaker. good evening council and staff. I am priscilla, she/her pronouns. And bend resident and event outreach manager at environmental center. I work in the environmental center space to serve my community. It is always easier for people to sit back and say it's not my problem. But we need people to have community and connections to the place that we all live, work and play. You all have the opportunity to help protect this community with the climate impact fee. New residential buildings are the best opportunity that bend has today to make progress on climate and ensure clean, affordable energy. I have two requests for you as you go into conversations next week at your roundtable. Do not carve out any exceptions from the policy. We need strong climate action. And can't afford for the impact fee to get any weaker. Number 2, implement the fee starting in APRIL, 2027 to align with the latest building code update. Thank you. thank you. Christie millen. hi, mayor kebler and councilors and staff, thank you for the opportunity to comment today. My name is christie, I'm a bend resident and urging to pass a strong climate impact fee as soon as I am possible. I am concerned that the current proposal is watered down at the time that federal climate protections are rolled back and leadership matters. This is a moment for courage and not compromise and in bend buildings account for half of our emissions. And this would help lower costs for residents over time. and strong impact fee is a practical first step and generate revenue for economic transition. As a young person and what is ahead, hot summers and snowless winter are shaping our lives and I care about this place and want future generations to drive here too. 20% fee is not enough at this moment and take a strong action. >> thank you everyone for coming in to give us your comments. Move on to consent agenda. I move to approve the consent agenda. >> second. moved by councilor norris and second by councilor franzosa. All in favor. >> aye. before we get into the meat of our agenda, ask council to move one item around, councilor norris, have item 12 move up to be around 9 in change of the order, if no one has a problem, do that. item 11 and 12? just 12 needs to move under 9. You are recused on 10 and 11. That will get us to items 5, 6 and 7, go ahead caption norris. I will recuse on items 5-8, because I am an employee of hayden homes and these items would have financial impact on employer. I will be leaving the dais. >> thank you. And ashley, we will do 5, 6 and 7 together. Joo quasi-judicial public hearing and first reading of an ordinance to amend bend comprehensive plan policies pertaining to the stevens road tract urban growth boundary expansion area. Quasi-judicial public hearing and first reading of an ordinance to amend the bend development code, chapter 2.7, special planned districts, refinement plans, area plans and master plans, to create the legacy village planned development, an approximately 260-acre major community master plan. Quasi-judicial public hearing and first reading of an ordinance to annex 265.7 acres of land in the stevens road tract urban growth boundary (Ugb) Expansion area. I will open the public hearing for items 5, 6 and 7 and turnover to ian. I will read a procedural statement for all items. The first element of the process is to give decision makers an opportunity to declare any ex parte comments or site visits related to these applications. Platt. >> it's part of my role to get up to speed on the council since I've got on. And learning more about that. And home building industry in the city. I have spent time talking with most of the major builders in the city. And talked about the challenges of building in our city. And specifically with hayden homes the conversation I had revolved around what is the impact of a tree code. On building generically. What is the impact of a proposal fee and how hard to get in neighborhoods. And lean on them and other builders I feel I can be very nonbiased in this discussion but I want to acknowledge that I had those discussions with hayden homes. >> thank you. sounds like general conversations and not about these particular applications. that's correct. anyone have an interest with the ability to serve as impartial member. Seeing shaking of heads. Anyone that wishes to challenge the decision makers on basis of bias or personal interest. Looking around the room, seeing shaking heads. And next step, explain state law. All testimony and evidence directed to the bend comprehensive plan that the party believes applicable to this matter and the failure to raise with specificity to respond to the issue will preclude to the land board use of appeals. And the failure to raise an issue or other issue of approval without specific specificity will preclude to damages related to that issue. And finally if prior to the public hearing any party present additional time, the council MAY allow a continuance or time for discretion for parties to submit evidence to the record or resume to a date certain. thank you, how this goes, we will have a presentation from staff, have a presentation from the applicant. I will be more formal tonight, I would like folks on the dais to raise your hand and acknowledged when speak and clear on the record. And ask informational questions during these presentations and avoid deliberation until then and take public comment, no one signed up and in case there is and done with that at the end of the presentation. Start with you, karen. thank you, as ian mentioned this is one public hearing but three applications and require three separate motions. We have in front of us tonight, for the stevens road tract property a text amendment. A master plan and annexation. So the background on this property, as I mentioned was labeled the stevens road tract property by the department of state lands. And what all of this middle information is in the record. And before the planning commission hearing the applicant renamed this area legacy village. All the adopting documents have the name legacy village from it. This property is immediately east of stevens ranch. Approximately 260 acres. And it is on the edge of urban growth boundary with knott land to the south. This property was acquired from the state of oregon in 1990s and managed by department of state lands to benefit the states' common school fund. In 2021, the oregon legislature passed house bill 3318 for this property to allow the city of bend to expand our urban growth development with specific requirements. A housing mix that succeeds the proportion in the housing need analysis. and minimum acreage for affordable housing and comprehensive plan policies. Those housing requirements that I mentioned, must exceed an overall density of nine units per gross residential acres. The highest of any community master plan in bend. The housing mix must exceed the needs housing needs analysis, and minimum 10% townhomes and 35% of those units must be duplex, triplex, quadplex or multi-unit apartment style units. And that 2016 announcement is under way by the growth management division but the state is based on that 2016 analysis. House bill 3318 had very specific affordable housing requirements. At least 20 acres of the residential land must be for deed restricted affordable housing and broken down, 12 acres available for households earning 60% of area median income. And six acres for 80% of area median income. And two acres, 80% of those units must be affordable for up to 80% of area median income. And those 20 acres, they the city to go forth with a process of how that would be developed. In the tract that are available for 80% area median income, priority would be given to households in which one individual is employed by education provider to the extent permitted by the law. Back in -- so this house bill 3318. >> karen we have a question. can you go back, and make sure and confirm this. The process that went through this, some of this happened before I joined the council. These basic criteria were adopted in our code through the steps defined in the law; right. So they become part of the criteria we are using tonight to evaluate if applicant meets the criteria. yeah, I am getting to that, straight from the law. And then subsequently in 2022, the next year, as directed by the state law the city developed a concept plan for this property. It hired a consultant to evaluate site conditions. Looked at land needs and a market analysis particularly for the commercial areas. And engaged the public in a process that developed certain guiding principles. And developed three alternative concepts that varied by unit count and housing mix and commercial land and the open space or park size. Then of those three one was selected. And then I believe, I think only the mayor was on council at that time. In terms of who is here tonight. And so this was adopted by resolution. And it did include a graphical representation of how that concept plan -- alternative looked like. Involved 2,427 dwelling units and high density in the central area. Also along wilderness way, that east-west collector street and near stevens road to the north. And included market rate house density housing and five acres of main street commercial on wilderness way. And additional seven acres of mixed land at south end and a large community park. And then these were all preliminary locations. And a graphical representation of that concept plan. And then the following year it was adopted by the council in 2023. And we had a few more council members who were aware of this. All of that was a concept plan adopted or approved by the department of land and community conservation development. We had to do check ins with the state along the way. The next step was to development comprehensive plan policies. And those numerical requirements directly from house big 3318 were incorporated into specific comprehensive plan policies in the city. And language from the bill that required designation of areas adequate employment land and based on that market analysis. Was shown to be five acres of commercial and seven acres of mixed employment land based on that specific policy 160. The language in house bill 3318 that require areas designated for recreation and open space was in policy that had 39 acres of residential and designated public facilities specifically that included a community park. The bill also required that there is adequate infrastructure to support walking and biking. Which is reflected in the two policies that required seven acres of trail corridors and green loop, multiuse trails around the perimeter and a site specific located path. And then just a few more from the bill, required land use regulations that comply with applicable wildfire planning and development. And that policy required that the master plan must show that wildfire risk can be mitigated. Which was fulfilled with the applicant's submit of hoa-ccnr's that are very reflective of the existing rules and regulations that the city is looking for both for building and landscaping. And adequate capacity for steward analysis that is standard for sewer analysis and in this case coordination with avia water company. To give a big timeline of everything that I discussed. And started in 2021, with the adoption of house big and adopted the plan in JUNE 2022. And in 2023 this property added. And the policies added and the map designations. And then in SEPTEMBER, the department of state lands selected hayden homes to purchase this site. And in NOVEMBER hayden homes submitted these three applications and here this spring with these hearings. And again the department of land conservation and development deals, approved the concept plan and the subsequent plan and text and policy and amendments along the way. We have been in constant contact with them with all of these legislative steps. To first -- the first of these applications is a comprehensive plan policy amendment. i bring this forth first because the master plan is based on the adoption of these comprehensive plan policy amendments. The first is, it would remove that concept plan image that I shared earlier and references to that concept plan. Because that is basically old graphical representation, we now have master plan submitted by the applicant. And next one is amendment to allow flexibility in the location of affordable housing. There were several in this concept plan restrictions on adjacency to the park and commercial areas and also needs to be distribution of these affordable housing areas. In order to work, allow all of those concepts to work together. It does a comprehensive plan amendment is proposed to allow affordable housing within one half mile than quarter mile. And multiuse path that connects to the community park, that was key in that public engagement process that affordable housing parcels could partake in that enjoyment of that park. So all of those would have a multiuse connection to that park. Then the more numerical amendment to one of the policies is -- first start with the overall policy. The overall policy as I mentioned required that minimum number, 2,487 units and then broke it down to how many acres within each residential designation. And then how many units within each of those zones. And so all of that will remain the same. the overall number of the units, the overall number of acres. Within each of those zones and minimum acreage for affordable housing and everything remain the same and the part proposed to be amended is reducing the market-rate dwelling units from 480 to 300 in those 12 acres of rh designated lands for market-rate housing. All the amendments in that policy remain the same. And amendment to policy 158 requires housing in rh zone and each six acres. And this amendment allow flexibility still one lot of six acres in size and the other to allow different layouts and overall acreage remain the same. The criteria for those comprehensive plan policy amendments. And you will see all of these applications have very consistent or similar criteria first it's consistent with the state-wide planning goals that you see in the staff report. Consistent with the applicable comp hnsive plan policies and these are amendments but consistent otherwise with all the other policies. There are adequate facilities concurrent with development and goes with the master plan. And evidence of change in neighborhood in comprehensive plan map. And part of this graphical representation in 2022, and it's been fine tuned over time in the utility and availability and topography and everything else. And there is some moving around of some designations. There was in terms of just mapping variability, acreage slightly changed but the comprehensive plan policies are the dictating factor in terms of number of acres. And consistent with the transportation planning rule and this goes more with the master plan and annexation and I will get to that in a moment. Master plan is now called legacy village and include that minimum, 2,487 units. And recall that 10% of those housing units are townhomes. And the applicant is proposing 11%. There is a requirement for 35% of those overall housing units to be plexes or multi-residential units. And the applicant is proposing 58%. As you remember before there is 20 acres that are required by house bill 3318. That must be for deed restricted affordable housing and the applicant is proposing 23.8 acres. So there is 3.8 acres more than required in this proposal. Than is required in the house bill. There is, the master plan includes tlieb 39.5 acres of open space with the community park in tandem with the bend parks and recreation district. And includes 10 acres of trail. Aligned with bprd high desert trail alignment and 6.5 additional open space in the community. Resulting in this graphical representation and you see on the left boundary with the pink line is that trail system and then there is also trails along each of the arterial roadways, stevens road and ford road and ferguson road and the road that cuts east-west and a local street that bisects the property north-south. This middle north-south multiuse pathway connects all of those affordable housing parcels to the central park as well as the central main street area. The areas outlined in dashed blue are the 23.8 acres of affordable housing conveyed to the city. This also includes -- thank you, this also includes that five acres in pink that you see north of wilderness way. For commercial lands. And then the purple that is in the north wilderness way near afford road and ferguson road for mixed employment, the seven acres required by the policies. And then the lighter green that you see will be platted open space, that will be managed by homeowners association. This is the street circulation plan as I mentioned. There are three arterials bounding this property as well as essentially a collector street through the middle, wilderness way. And then kind of an enhanced local street on north-south. And so -- then all the local streets within. There are some off site transportation improvements. Working with odot. Off site requirement on highway 20 and ward road or hamby road in terms of adding capacity to that roundabout. And providing a contribution for intersection improvements to the county for ward road and bear creek road. expansions of the wilderness way roundabout that was currently constructed. And also the 27th and ferguson road roundabout that is currently in design by the developer, stevens ranch. And also going to be a movement restriction reed market and pettigrew road. And in terms of immediately abutting the site or as part of this development a roundabout at the intersection of stevens road and ward road and dedication of a future roundabout at wilderness way and ward road and ferguson and ward road. But the last two are not construction of roundabouts at this time, they are not warranted yet. The master plan approval criteria requires consistency with relevance statewide planning goals addressed in the staff report. That is consistent with the bend comprehensive plan map. Again this rearranged the designation place holders and consistent with the policies in chapter 11, as amended by the previous application. There is adequate sewer and water capacity with development. There was a utility analysis memo or analysis submitted by the applicant with a subsequent memo written to the file by the city in terms of sewer capacity. And working with avion on water capacity and the applicant speak more to that. And compliance with the transportation analysis requirements in the code, and this results in the transportation mitigation table that is in the legacy village master plan code that is exhibit "a" of that application ordinance. There are also community master plan standards that all properties must have access to commercial goods and services within 1/2 mile. And that includes the areas designated general commercial and mixed employment. And all of the properties are within half mile of that central main street commercial area. Not including either of the me zones but including those as well. This is definitely met. The standard is definitely met. There is multimodal connections including including bike lanes and trails and pathways and bike lanes on each arterial and wilderness way. The off site trail along the western boundary that provides that green loop are required by policies. And then for the housing density mix, this is superseded by the comprehensive plan policies for this property. Which as I mentioned was 10% townhomes and 35% multiunit housing and exceeding both. And the 20 acres which must be provided to the city for deed restricted affordable units and again they are exceeding that by 3.8 acres. In a community master plan anywhere in the city, there is a minimum 10% of the gross area that must be public or private open space. And there is an approximately 15% planned of this property. But that's also to meet those comprehensive policies that i mentioned earlier. And that includes the 23 acre community park which is larger than neighborhood park, different standard for bprd. And as this is a major community master plan, the applicant has requested some deviations to the underlying code. There are some proposed deviations to the residential lot sizes, setbacks and lot coverages. These are smaller proposed lot sizes in rs zone. Caraway adopted master plan 2700 and the city standard is 4,000 square feet. For the setbacks and what this applicant is proposing is similar to what is adopted in petrosa, and eastern and stevens ranch and the caraway master plans, there is precedent for that. And back to the residential lot sizes I want to mention those lot sizes that the applicant is proposing for the rs zone is essentially to match the lot sizes and dimensions in the rm zone, median residential. And so there is different unit types that are in rm zone but this is essentially making those lot size and dimensions equal between those two zones. And then in terms of block length and block perimeter. Underlying code in chapter 3.1 of the bend development code indicates that there is a numerical standard and that if you exceed it you must provide a midblock corridor and doesn't how much you can exceed it or where you need the midblock corridor. And this applicant submitted clear and objective standards for legacy village. And I can go into more depth on that if you are curious about that. But there is underlying code, the block perimeter, maximum block perimeter is 2,000 linear feet in the residential zone and 2,640 feet in nonresidential zone and making this a 3,000 linear feet across the master plan. And do include specific requirements of when that midblock pathway would need to be provided. Moving on to the commercial uses. And the development standards as we mentioned that policy for the commercial area called it a main street area to facilitate that. There is a prohibition on auto-oriented and auto-dependent uses in that cg zone there on wilderness way. As well as a maximum front setback. The building has to be closer to the street, it wouldn't be like a strip mall with parking in front. To kind of create that main street feel. And then finally generally there is in the code nonallowance for double frontage lots, streets on front and back, and this would allow double frontage lots on ferguson road. So people's front doors don't have to face views of the land. So finally moving on to annexation. All of the criteria pretty much we've talked about to this point. In terms of consistency with policies. The annexation is consistent with the master plan and talked about public facilities. I want to mention documentation in the file of correspondence with the school district. The school district does have a need for an elementary school in this area. However, until there is not a parcel for such a school on this property, because there is one already shown on the stevens ranch property and plus they have access to high desert middle school site too. And parks as I mentioned work closely with the city and applicant and closely with rprd with park needs in the area and trails. No water rights or facilities on this property. And in terms with consistency with the transportation planning rule I mentioned that requires impacts on other agency infrastructure. There is in the annexation agreement a letter from oregon department of transportation and deschutes county of what those off site improvements are needed. Which I mentioned previously and all the rights-of-way will be improved to city standards required within the application. And all of those transportation improvements are -- will be codified or is part of the ordinance exhibits at transportation mitigation plan. And application at city standards at the time of development. There is a substantial amount of public participation and held public meeting last fall and postings sent to neighborhood districts. and noticed to clcd and all neighborhood providers and odot and county coordination on the analysis. And in response to all that of, we received a letter from department of state lands in support and one letter of concern from the neighboring developer. There was a planning commission hearing hold FEBRUARY 9. The planning commission recommended approval and voting 4 yes and 2 no and we have a planning commissioner tonight and I haven't touched base with her yet and can tell you about those deliberations. >> okay, great, who is here from the planning commission? You want to come up and let us -- anything that you want to add to karen's presentation about the deliberation of the planning commission. Please introduce yourself too. hello, katie snyder and I currently serve on the planning commission. With the comprehensive plan policies for stevens road tract, planning commission unanimously voted to recommend that city council adopt the ordinance. As proposed by the applicant with a draft provided by staff. And we also voted as stated here 4-2 to recommend to adopt an ordinance to amend the bend development code to add the stevens road tract master plan. We haven't touched base -- >> go ahead. we discussed the requirements, fire safety, the layout of various housing types and how development was phased and traffic impacts to the surrounding areas and how streets connect to existing roads. As well as pedestrian and bike trail systems throughout the proposed master plan. >> okay. can I ask a question? >> sure. anything from the two that voted against it, anything in terms of their reasoning that voted against it grounded in the criteria that we have to use to evaluate this plan. Sounds like some discussion MAY not have been relevant to all criteria, but was there some directly relevant to the criteria the dissent? I don't recall. any staff that can answer that question. >> there was discussion about the commercial area as a concern in many community master plans with the adoption of senate bill 8 that is now adopted into the city code in compliance with state law that allows affordable housing on commercial property. There was concern that this commercial property would remain or available for commercial uses. And so that was part of the discussion. And in terms of acreage of the commercial property, that was dictated by market analysis that led to the concept plan that led to this master plan. And there is not as much of a danger in this becoming affordable housing like we have in other master plans. Because there is 23.8 acres of affordable housing acreage in this master plan itself. Required by the house bill. So that was a concern. but it's not necessary ly ily one that would be applicable to this master plan. >> because that's not relevant to the criteria for our evaluation of this application; right. I understand the concerns and working hard to address that concern and the bill that passed that doesn't apply here. >> and proposed with the policies and house bill itself. karen, can you say again when the planning commission was? FEBRUARY 9. >> before the end of the session when the bill passed to make changes to the sb bill. >> correct. any other questions before planning commission steps back? it's related, karen can you remind me, it's 5 acre for commercial general and other parcels that are mixed employment look smaller than five acres? together they are seven acres. and about mike's question regarding -- sorry, councilor riley's question regarding the criteria. And the comprehensive plan and the bend development code and the master plans for this area refer to complete communities and those are defined as mixed use. So how -- so would seem that commercial and mixed employment zoned properties or parcels would actually and whether or not those stay consistent with those uses that seems like it would actually be very relevant to those criteria. yes, it is compliant with that criteria that it has five acres of commercial land and seven acres of mixed employment land. that it has the acres and not necessarily they are actual developed in that way. it was like a state ordinance or statute that says that they can do that with the land. So it is still compliant. We urge hayden to work with developers if they can to make sure that commercial stays commercial. And developed as such. The nearest commercial is a mile away on 27. I am trying to understand though, with respect to the criteria what we are supposed, when we have evidence on the ground that previous master plans -- councilor is this deliberation or a question, sorry trying to keep it tight. I guess I am trying to formulate a question to get an answer. If they're just showing a square on the map, all we have to -- >> yes. Yes, that is available for development. >> okay. okay. Any other questions for staff? I have a question for staff. >> thank you if you hop back, thank you for the insight and for coming. And we have the applicant to present too and we will be able to ask them questions. I will try to get in as many questions in four minutes. And the transportation code has application of cascade transit and is developer to build a hub or how met? that is in coordination with cta and this master plan doesn't require that, it MAY be who knows in the future. All about what cte needs. thank you, I am trying to be efficient. >> you have plenty of time. I feel the heat. no, I want to be sure we are focused for staff. how much discretion do we have in deciding whether to grant the reduction of minimum market rate dwelling units in high zones? Not grounded in code. correct, that number did not come from house bill but from development of competence rehensive plan amendments. There are other belts and suspenders to all of this and a minimum number of acres and total number of units. So there are other boundaries of how much and the applicant. >> thank you and the question probably for the developer, what are the consequences of refusing that. That sounds like a developer question. Is there anything in our code that regulates owner ship type, homes to rent or own? >> no. I didn't think so and thanks for clarifying that. What is in the code that requires a wider roundabout at 27th and ferguson. I didn't catch the first part of the question. what is in the code that requires a wider roundabout at 27th and ferguson. that came from the transportation analysis. okay, can we just ask the developer to conform to our current multiuse path standard 10 feet wide than eight feet wide. I know they are only bound by 8 feet but ask to do 10 instead? we can ask whatever we want and require the standards. in the multistreets no multiuse path requirement, six-feet sidewalks on each side. On collector streets and arterial streets there is that wider path. However because there is a requirement to connect these affordable housing parcels to the community park. That local street is being expanded. That's why I said enhancement and not a formal word but local street to expand that six-foot sidewalk to eight feet. >> the spine. yes, north-south spine. any other questions? I will have some for staff. we can bring karen back up, have the applicants come up and present. Grab yourself an extra chair if you need it. >> plug in to make sure. is that going to reach? >> are you expecting a long conversation, bill? hopefully not. okay, mayor, council, thank you for your patience here. Let me get the presentation shared. Okay. So thank you for your time and attention this evening. I am joey, planner here in bend. We are a consultant for the applicant and developer, hayden homes. I'm going to try to keep the presentation relatively short, karen did a very good job as usual going through in detail. All of the kind of key criteria that these applications are required to be reviewed against. And we have 500 pages of material that we have in the record. And a team of folks here to try to answer questions. So I have about a dozen slides. And then I will just request that if there are any questions about this project, and we've heard some already, please give us a chance to answer those before the record is closed, so we have a chance to communicate our position of how plans are the way they are and answer questions. The application is that is before you or applications are the product of team effort. We have been working over a year with hayden homes, the other consultants, with the city. With the department of state lands, bend parks and rec and school district among others to put together what we think is an approval major community master plan. And members of our team are present this evening to try to answer questions. Before we launch into the meat of the application, I will turn things over to jen to do intro for hayden homes. good evening, mayor and councilors, jenn kovitz thank council and staff for the years of work to this milestone. Joey mentioned working for over a year and this house bill passed in 2021. we stand on shoulders of a lot of work that lead us to today. Thank you. Hayden homes I will spare a long introduction, we are proud to have built over 2100 homes in bend since we began up the road in redmond in 1989. And next tuesday I think as many of you know, we are going to celebrate the ribbon cutting at park side place. The affordable housing ugb project made possible by house bill 4079 and as you consider the next milestone for this stevens road tract and shoutout what the city and hayden homes at park side space. And we are delivering 40% deed restricted affordable units. We are delivering 108 as rental units in the first phase. They are going up right now. The market rate that we achieve without subsidy begins at homes priced 140,000 that is 290,000 below. And these market rate subsidized members can purchase that without being cost burdened. We did this thank you and thank you. Next slide please. Hayden homes is honored to be selected for the opportunity to purchase the stevens road tract. We proposed the rename of legacy village village. And when dsl selected hayden homes they cited our nonprofit first story and our ability to deliver housing that our workforce can afford for the reasons. And for our nonprofit first story, 15% of those homeowners are educators. And that really aligns with the spirit of this bill dedicating or prioritizing, excuse me, a percentage of that affordable housing to educators. There is a natural alignment here for us. And I want to say that hayden homes we take seriously the house bill stated purpose to address as you see in this highlighted section what they stated as acute housing crisis. And we feel like we are prepared to help bring to life the plan that the city and state worked so hard to put together. Back to you joey. thank you, as karen mentioned this property is southeastern edge of the city, the subject property is here on the slide outlined in yellow. East of 27th street and between reed market and stevens road to the north and ferguson road to the south. And 260 acres of stevens ranch master plan annexed in 2021. As we know there is a lot happening in southeast bend and the southeast area plan and stevens ranch master plan. What that means there is a number of existing and plan designations for future residents. Commercial. Recreation. Schools. All within relatively close proximity to legacy village and lay the use in this new community to supplement what is happening around it. Quick couple of slides here, just a closer look at 261 acre property. You see how abuts steven ranch and steven road northern boundary and ferguson road on the southern boundary. Top topography and vegetation is standard for bend. The layout with stevens ranch and extend the streets from stevens ranch to the west for this consistent pattern. And summary of stevens road tract legacy village by the numbers and the comp plans adopted by the city require minimum of 2,487 homes and the coordination with the city for sewer, water, transportation is planned around approximately 2500 homes, a little above that minimum requirement. Less than one-third of homes plan to be detached single family, and this is consistent with the bill. And also the city's housing needs analysis as karen had summarized. And then we have also been coordinating with bprd on location and size of the community park. That moved around a little bit from the concept plan originally adopted by the city. And moved to south side of wilderness way more centrally located and further away from the planned park believe to be constructed in stevens ranch. And this location also helps preserve largest rock crop and gave a map to put on phones to geolocate in real time and we got e-mailed back from their planner that their landscape architects gave our new location two thumbs up and proud about that one. And closer look at legacy village village, a complete community providing this range of housing types for households of different sizes. Ages and incomes. The original concept plan had most of the multifamily and affordable housing more centralized around wilderness way. And concentrated in the middle and northern parts of the property. And what we have done with this plan tried to disperse the range of housing types across the community. Tie them together with wider network paths to ring around the perimeter. And also east-west and north-south on the spine that was mentioned earlier. Blue dashed areas is affordable housing and pink line is multiuse paths. And this approach is really trying to take land and transportation planning to help connect neighbors together and connect homes with these commercial areas. The parks, the recreation areas and kind of broader amenities that are beyond this property. Commercial lands are just one element of a complete community. But one that we certainly understand has received a lot of attention here recently in bend. While legacy village is fulfilling its requirements under the comprehensive plan. To provide certain acreages of commercial and mixed employment. This slide also shows that stevens ranch is planned to provide more than 43 acres of commercial land. What this means for future legacy village residents there is more than 50 acres of commercial land within a relatively easy walking, biking distance. And the connections made not just on regular city sidewalks but the multiuse paths and part of the city's low stress network. Another critical element of a complete community is housing that is affordable to a wide range of incomes. And karen mentioned that is required 20 acres and six acres for households at 80% of ami or less. And 12 acres of households of 60% of ami or less. And two acres of 80% of ami, while the bill and comp plan required this 20 net acres as mentioned and what hayden is proud about and consistent with the work that this plan provides more, four more acres to the city for affordable housing. So the key takeaways. House bill 3318 intended to address the acute housing crisis. That is the legislation that set in motion, all the steps and all the planning work that the city has already done and kind of where we are here today. Consistent with the bill and the comprehensive plan, legacy villages provides this complete community with commercial opportunities at least that 2487 homes. And the required amounts of market-rate housing and affordable housing and get into the questions about the number of units on the rh land. Recreational opportunities. Multimodal transportation system and regional transportation and other infrastructure improvements. And equally as important making sure this project is mitigating impacts on the larger infrastructure systems. That's what is included in the transportation mitigation plan. So that is the end of our formal presentation that we anticipate, there are plenty of questions and welcome that opportunity to try to answer them. >> council, let me know if you want to start with any questions, anyone? You want to go first. Okay, so what would the consequence of refusing to grant reduction of minimal market rate? the reason for that change is that under the assumed density adopted with the original concept plan that came out to be residential development in the rf zone 40 units an acre for market rate housing. To put housing on the ground today we don't think that is viable at the edge of the city. No other examples at the edge of the city with that level of density built. And what we propose to achieve housing near term is reduce the density to potentially average of 25 units per acre for rh zone but make sure that we still provide the same number of units by kind of blending those units across multiple zones. While the density is decreasing in the rh zone we are providing the same number of units and think we're doing it in a way that the market can accommodate it and that housing built sooner. can I ask, can you describe 25 acres to 40 units per acre and is that condos or 25 is townhomes? yeah, at 25 units per acre looking at three or four story walk-up apartments. Going to 40 units per acre, looking at 5-6 story buildings. joey, when you say disperse and not saying those units in other rh zones. How is hayden accommodating units in other places. That larger plex number? yeah, assuming higher than minimum required density for rs and rn zones to meet that total unit count. And also with the multivariable equation trying to meet here, we are still providing the mix of housing. And exceeding by quite a bit minimum amount of plexes and multifamily. is that what drove the reduction in lot sizes also to place the units in the development. These lot sizes are small relative to the community. hopefully when we do these presentations we make it look easy, I can tell you it is not. And taking the concept plan reflecting a lot of work that the city had done, we need to look at that and how can this actually be buildable. What part of that effort was kind of looking is there really a difference for this master plan to have some very clear distinction between the rs and rm zones. And what we decided for the type of communities that hayden homes is building is artificial cleavage. And we are blending the rm and rs together to create gentle density and we think that will make this project more viable and get housing on the ground faster. what does viable mean, tell me what you mean when you use that word? produce a product that is desirable. >> and desirable? and financed. I don't know without a clear proof of concept that financing readily available to build five or six stories and multifamily at the edge of the city of bend. with recent housing law changes and smaller lots we are selling now and karen listed a couple of communities that dropped their minimum lot size approved in master plans. Those middle housing laws are showing us what is viable and we're doing that now and this helps align with more middle housing we reality we are in. >> and hearing that they are selling and desirable, people want to live in them and concern of financing. Up front. Where you get your financing from, that's risky. they are making that financial decision based on whethe or not they think it will sell. so the point I would also make reducing the rh count to 300 in the rh zone, that's a minimum. I think if market conditions change and proof of concept here, this is a huge project, built out over 10-15 plus years. And say in the future 40 units an acre is viable and attractive in this area. What we are proposing doesn't preclude that but does allow us to get going today. all right, other questions. Steve. joey, two questions. The park flipping to the south end of wilderness way and drove the half mile waiver and that north unit of housing is greater than quarter mile way? for the proximity? flip to the south side? correct, it's more centralized and like I said, bprd, the park that bprd thinks is built soonest in stevens ranch is on the north side and moving that and equally more distribute park lands in the open space. that's the group that is above a quarter mile away; right. That rh. at the north end, yes. >> and secondly, I don't know if it comes up later, can you describe the phasing plan as you envision it? that's a good question, we have a conceptual phasing plan and built south-to-north. left to right on the screen. left to right on the screen and due to the availability of that sewer and water. And we tried to as part of this multivariable equation in zoning and trying to create a good mix of housing along the way. And help the project to be successful because a more variety of housing with each phase. Not huge phases of uniform type but that is feeding into the phasing team. When we get to tentative subdivision we will have a more defined phasing plan. but conceptually moving from south-to-north. so you envision that mixed employment to be developed at same time? that's the other thing, we also did distribute some of the nonresidential lands and multifamily across the site a little bit more. Here we're going to have infrastructure available in the early phases for the me. The challenge really at the end of town is like can the market kind of absorb that commercial land and that demand. We recognize it's amenity for this community, we want it to be successful but ultimately don't control the market conditions to make it so. >> thank you. thank you. I had a question, we received a letter from the department of state lands in favor of approving this project and where you are in the scheme of closing the sale on this land. And the money from the sale into the common school fund that they would like to have and what is the status and based on land approval if you can share. we have not closed and land use approval is an important condition of a sale being finalized. We are well on our way and not closed yet. >> I have a question, if I understand the math on all of this stuff, 2,487 units are required. Right under driven by minimum density of nine units. And if you subtract out of the numbers, and you put up there, that leaves 716 units that the city has to have built on affordable housing, is that within the ballpark? >> I think it's a little higher but around that number. closer to 800. that 800 is the ballpark. >> and I'm going to ask staff the same question, but my understanding from the prior concept plan before this amended plan and the number that the city responsible on that acres is lower number of units. Relative that density on that total number of acres would be smaller. Am I understanding the math correct? Maybe this is a better question for staff. >> I would be happy to have staff answer that. We have not changed any assumptions looking at the concept plan adopted as far as density across the affordable lands dedicated to the city. We are giving four additional acres and increase the number as far as density and assumable acre for the affordable lands. Because we are not developing that, it has not change. and if closer to 800 and higher and 760 sounds like a bigger number on those acres and 32 units per acre doing the math and 800 is higher number. That's higher than the 25 you say viable. Concerned about -- keep it as a question. >> that's a good question. in order to frame the question. that is important distinction in the planning process and sauchgdz assumptions that the city thought from this project. from the market rate challenge we see challenges from that higher density and don't know if seeing the same challenge of financing for subsidity and to bridge the gap, looking at projects around town closer to that density for the affordable housing. The number is different. Again we're not proposing to change the city's number for the affordable housing lands they are taking. Anecdotally and recent affordable housing projects in bend are close to that density. But from the market rate rh lands we are trying to achieve what we term is more viable. anything else that staff wants to add to that? Maybe just to help you. Yeah, I will have staff answer and I saw aerial and call on him. >> when proposed and we reached out to housing works and asked okay if there is something that you wanted to build, what could you build per acre density wise. And they said between 33 and 35. So we're in that sweet spot. okay, thank you rachel. >> your question. yes, so the city is asking you to contribute to this expanded roundabout on 27th and ferguson that hasn't been built on. And planned to be single lane and closed down and built again. My question is will kids be able to get to high desert middle school walking and biking, there is currently no facilities there. Are you going to be contributing to that as off-site improvement? let joe answer the transportation. for the record, traffic engineer, there is a number of different efforts going on here. If you been out here recently and the multiuse sidewalks that stevens ranch is building and roundabout designed at 27th and ferguson. It doesn't just provide vehicular crossing but pedestrian crossing to cep and to form methodology for pathway down high desert middle school and beyond that and to culldron, and bottom line we will have a well connected grid of 10-foot wide multiuse paths in this area but just not immediately. They will happen in pieces. last two questions, can we ask you to conform to 10 feet than eight feet? I believe you are referring to the local north-south street. Karen mentioned that is low stress route, standard there is six feet. And for roads that are designated as a low stress network the standard is eight feet. While we are not designated for a low stress network we are still providing that eight foot. And I think importantly there is no driveways that directly access to that pathway system. Our thought is if you are a cyclist and you are not eight years old have other mobility issue, that you are going to be on the street. And the speed of the street is low enough to support that. okay, and last one are you planning to build a mobility hub or transit stop? we are well ahead of cte's plan and no density out here and what they want us to be is to be flexible and told them to check in and if you need a transit stop here and if do, put that in. And we have excess roadway and dedicating and more in certain spaces and definitely space and don't be where to put it. and would you build it or cascade transit? We made this clear that are able to build and as infrastructure costs like cooley road I assume go to them for that. councilor franzosa. >> thanks for the presentation. And this looks like a really cool community. So I want to try to get a better understanding of what hayden homes intends to actually build versus what you build with partners. And the commercial is something that hayden homes build or a developer partner build? so we are a home builder, that's what we are exert perts and not experts at master planned communities as brooks resources. As we do in all states we work commercial partners. And I recognize council there is a valid community concern about commercial. And I know with the amendment that passed to house bill 4037, that some of the way but still concerns and we totally understand and you know, I am here, hayden homes is here to say that we have absolutely no intention of rezoning the five commercial or the seven mix the employment. We are committed to delivering this. And a community of this size with this much housing we feel confident that it can support those things. And I want to verbally reassure that. I do too, and I think honestly I think the likelihood of that land converted is minimal because of the change passed because of the parcels so far. If you take 20% of a five acre parcel you don't have enough to do affordable housing. But my concern more is that we put these master plans together. We put bike paths, we put roads, we put locations for different housing and we would never dream of not building all of that. But what ever gets on the plan and never seems to get built in bend is commercial and mixed employment. I think there is a real difference there and I don't understand why, why we're not treating the commercial in the same way. So I guess my question to you is, my question to you is, how would you propose the city go about holding a developer accountable just like we hold developers accountable to build the bike paths they plan for and sidewalks they plan for and housing they plan for. >> pardon. I think that's a good question and it's something having worked on a number of master plans and before commission, it's the concern that we hear and more analogous to affordable housing and how you bridge the gap between something that a community recognizes that it needs. But something that can't be provided under normal market conditions; right. So I think every conversation that we had with hayden homes they're already looking for partners to be doing this type of work, to do this type of development that they don't necessarily specialize in. But under market conditions we've got to allow for the market to do it. And the key thing in all of the projects I have been involved in is making sure there is enough rooftops for those commercial users to be able to justify the cost. To be successful. thank you. that's a good answer. You have given us a market study that says it can support it. So -- which we don't get from a lot of developers. >> the market study was done by the city. >> we did that to decide how much to make the square. and I point out that compass commercial, when you look at precovid, I think when this market study to day and the vacancy of commercial has doubled. There is a change in -- want to clarify done post-covid. This study was. thank you. other questions? Applicant, this is your chance, folks. Anything you want to add. Karen mentioned light public comment and dsl letter. there is a lot of public involvement around this property last four years. Not entirely surprising. okay, great. Thank you very much. thank you for your work do help make this deal. >> we're excited. any other questions for staff? yeah, I want to follow up on what in our code requires them to build somebody at 27th and ferguson in terms of a wider roundabout. But sounds like we have less robust requirement for walking and biking. what is your question? >> my question -- what requires a wider roundabout at 27th and ferguson for doesn't exist yet and don't have a plan to get without driving. 27th and ferguson is being designed based on the stevens ranch master plan that only required a single roundabout for the amount of trips through it. There is second analysis done by joe's team looking at the number of trips at 27th and ferguson and joe determined part way through the build out of stevens ranch and legacy village need on wilderness way and 27th and ferguson. so do we have any discretion, I feel that these kids have dealt with no sidewalks and no bike path for decades. And now finally get it maybe in a long-drawn out phase and to cross on lanes of traffic at highest roundabouts at other places. To me there is so much to like about this project and the ugly parts that are small, and you hold up a mirror, that is part of your code. I am trying to get a better sense where this comes from and what we need to change it, we are falling short here. we are still getting well lit connections across those roundabouts. They will be crosswalks, north, south, east, west and sidewalks in the areas and on-ramps and off-ramps for bicycles per the design manual. And the applicant also because of complications with phasing and how things work on the construction of ferguson. They don't know if they will get the north portion of the land dedicated to build the full width of ferguson and put in a two-lane road and build a multiuse pathway that they are not required to have that connection. One of the first things happening, it will go in with the roundabout is a large multiuse pathway on the south side of ferguson to connect to the phases. it's not our code but the transportation impact analysis that says you need a wider roundabout here. yes, karen is this part of transportation planning rule. no that is with odot. >> to name something these come up in these documents and processes that are almost not related to criteria for approval. We all understand that. They are stuff counselors are trying to understand the different settings in different venue to address this kind of stuff. It came up recently and will come up. It is a parking lot we will talk about another time. That stuff that is not related to approval criteria tonight but a concern that how do we ensure the kids are walking to middle school. It is going to feel safe to get there. a portion of our code and part of the required transportation analysis, for single building or something larger, master plan like this. We have requirements they look at key destinations like schools in the area to make sure there is a continuous connective pathway there. thank you. follow-up question of karen and maybe ian. we are drifting into deliberations. Try to keep questions as questions. I am looking at comp plan, karen, I am trying to apply criteria around complete communities and comp plane same chapter for stevens ranch complete communities with amenities for daily living, parks, shops, services. I guess again my question to you is why do we have to determine the criteria met based on the plan when we are seeing evidence on the ground isn't actually delivering? All of the other criteria around bike paths and walks and roads and water and sewer. That is delivered in every project we approve. It always gets delivered. All of the commercial uses don't get delivered. I guess I don't feel good about saying yes to the criteria. Can you help me understand why you found the finding? the requirement for compliance with the policies have to do with chapter 11 for this property. It has very specific items that must be addressed. The word complete community is flushed out in all of those other policies. Which includes all of those minimum acreages. You can set the table but you can't make people eat, in terms when that commercial development would occur. >> you can tap a lot in terms when a business owner is interested. I would like to keep it to questions. I don't agree we have not delivered complete communities and commercial and neighborhoods are still developing and ready to be developed. The question is good on criteria how does that fit with comprehensive plan. The park you quoted is not from the section. It is from the chapter as a whole? >> chapter 11. starting figure 1 at 11.17 is the comp plan we are talking about today applying to this tract of land is that correct, karen? there is a policy in stephens roads track new complete community accommodating dense development focused on providing affordable market rate housing in mixed use multi-modal community. that is for this area? >> correct. >> any other questions for staff? I wanted to clarify when asked about compliance transportation planning rule. The transportation mitigation plan is complyians with transportation planning rule through that chapter 4.7 of the bend development code. one more question. If council wanted to embed in here into the development of this land a criteria to develop commercial in concert with residential, what are the options for us to do that? I can at least try to address that. Karen was talking about the specific comprehensive plan policies applying to this property. First one 11.153 says focusing on master plan consistent with the policies 11.154 through 170 which outline coming from the concept plan what has to have the next. Those policies touch on complete communities. What the policies say overall planning concept. Complete community aspect of the planning concept met by establishing zoning designations on certain property. There has to be five acres commercial, seven acres mixed use industrial. They don't say anything about what specific uses have to be developed. They don't say about when that has to be developed or who has to do it. Right now what council is doing is considering whether these applications are consistent with applicable policies that don't say anything about when something has to be developed. that is kind of what you are looking at. That is obviously product of legislation at the state level which didn't say anything about commercial development other than in the preamble. That led to concept plan and that led to the comprehensive plan policies all approved by the state. Those are the rules that council has to apply to these applications. The question seems to be can council change the rules? >> that is not the question. The question is when development applications come before counci they include roads and water and sewer and bike lanes and locations for housing. That always gets built. Almost without question we would never dream allowing developer to go with housing without bike paths. We let that happen without the complete community goal. It is in the code in master plans. I know it means something. I am trying to figure out from words to action on the ground in the city. one, if you are talking about a couple fairly recent master plans. Those are still developing. We have an active application for commercial development on one of them. Had they delivered as soon as some might have hoped, maybe not. Is it accurate to say they haven't delivered? I don't think it is. Time will tell. can you answer my question. I didn't hear the question, councilor. Maybe rephrase a little bit. What are the legal pathways. one thing you have mentioned that the plans approved haven't delivered on or developers haven't been held to what they were required to do. What they are required to do under the policies at issue is designate certain property for certain uses. Not required to build those uses or develop those uses on particular timeline designation required by policies approvals. To say they haven't done it or held accountable. I don't know that is accurate. Time will tell. The accountability is designating properties for certain uses not build or development on certain timeline the way the policies are written. we are in land use. Did you have another question? >> no. any other questions for staff, applicants or anything else to put on the record before we close the public hearing? We are going to close the public hearing unless there is an objection to that. Final chance for questions before public comment. We will close public hearing. No one has signed up. I will ask if anyone is here to comment on these items 5, 6, 7, legacy village. I see none. We will move to deliberation. >> if there was somebody to speak we would re-open public hearing. I knew there wasn't anyone. it was a little out of order. On to deliberation. Reminder three motions in front of us for these items. Land use setting talking whether this application meets criteria for all three motions. I will say I don't believe criteria is met because I don't believe the previous standard that under which previous applications have been approved box on paper means we get the plan put forward. I do believe developers have master plan and amendments with intent to build what they are showing on those plans. Everything gets built except for commercial. There is something wrong. We are not achieving complete communities. I love the way this plan looks. This is what our community needs. We have seen many of needs that also look great. That is where I stand on this. can I ask you to be specific which criteria is not met? >> 11.154 is the one I am referring to complete communities. I have a question about councilor franzosa. I am sympathetic to commercial amenities sooner than later. I don't understand what you are saying isn't happening. If we were to ask or require which I don't think the code does require the developer not to just build homes but commercial ready buildings or something like that. Is that what you are asking for? >> yes. We see other developers in bend and cities come forward with plans with commercial and residential. They have the plan behind-the-scenes we don't have to review. They execute and build commercial with residential and bike paths and roads. Some of them come forward and it works. Others come forward and it doesn't work. our code can't require them to build something in the same way we can for transportation facility. We can designate it, but we can't require it. I believe we can. I think that is what we promised by putting complete community in the code. We put parks in the code that is the promise we as public agency are making to people. That is why I believe we should stand behind it. >> mike. >> I think I am sympathetic to your concern. The criteria before us for this development is there a box designated on the land property. That is what we have to make our decision on. I think that the question for the community at-large is how quickly we get this delivered. How does it show up? Many feel we are not delivering on the complete community promise because it doesn't happen fast enough. This discussion emphasizes importance for the council to spend time with staff support and engagement from development community to look at what is done in other places. Two-parts. incentives are important. Other parts of community say there might be policy tools to use. Some suggested that are sort of performance standards. Analogous to transportation. X number of homes. Do y related to commercial not in policies. We don't have ability to hold these folks or others to that. We need to think through implications of it. That is what I am frustrated. Not clear what we are doing. Especially policy discussion portion. There is some time we are spending on incentives. Make that is scheduled. >> it is good to know. We need to get to that. That is what is coming up over and over again on the dais and in the community. I am comfortable with this. Pleased to hear housing works is comfortable with density numbers. 800 units, about 33 units per acre they feel they can do that. It is viable. It concerns me that I hear private sector say not viable combination of people want to willing to finance it virtuous snowball cycle. We are having people live in affordable housing different standard. It worries me. I am pleased to hear one of the important tartners in the community thinks they can do the projects with that kind of density. steve, anything else? >> I ran for this job because teachers and firefighters and cops were not able to afford based on their ami levels here. The thing that drives me to yes on this project right here is that affordable component. What is set for five-year plan here incentives we are over. We met above 80%. This is going to help. This is what I look for to build out over time the 60 and below and 80 below ami projects. Yes, councilor franzosa and riley I acknowledge concerns. My north star is building out these AMIs that are going to really serve the whole community. That is what is driving me to yes on here along with the fact it meets criterias that we can vote on tonight. I will say as the only person on the dais on council in 2021 this is incredible moment to see efforts to accelerate and bring housing to the city and bring affordable housing for educators which is really cool has reached the point where we start seeing shovels in the ground sooner rather than later in a community that a lot of people will want io live in because of the concept plan and work brian's team and community did together and efforts to master plan and work put in the bill in the first place that trickled to this moment. This is what we want and this is what we are getting. That is great. Millions of dollars in common school fund feels like bonus. That was a driving factor to get state legislature to approve. Win-win for schools and communities anded anded educators. i support. We are exceeding what we thought we would get more land affordable housing, more open space, more middle housing. I appreciated discussion of spreading those units around so we can have things to build and are viable to sell on the market which is important when you are building a housing economy like we are trying to do in bend. Commercial side I would urge you councilor franzosa to take the energy. Land use sets is not place for energy. We are hammering a nail with a hot dog. It is the wrong tool. Not that your concerns are not valid. This is not the venue to do the type of work that I think you want to do. That is around what councilor riley talked about. Incentives we have more control to ask people to develop and when or changing policies we can look at that. When we talk about land use, it is about what the land use is going to be designated on. Not about I don't think legal to require people to build spec commercial through land use. There MAY be other ways to sub dies or incentivize or regulate to make that happen more often. Not that I don't share concern. I don't think that is appropriate criteria for tonight this application meets criteria and I am happy to vote gentlemen. >> I move for first policy pertaining to the expansion area. >> second. moved seconded. >> discussion? I want to say transportation impact analysis. For approval that is the ugly part that I feel we need to work on. Otherwise, I agree with what the mayor said. There is a lot to like in the project. On much work for years went into it. I appreciate all of your effort. Thank you. all in favor of the motion. >> aye. opposed? >> nay. >> next notion. Code 2.7 special planned districts refinement plans area plans and master plans to create legacy village planned development. moved riley. Second plat. in favor. Opposed. I move 265.7 acres in expansion area assigning sign districts and requesting jurisdictional trans of the abutting rights-of-way riley and platt. >> aye, no. we will that is passed. We will take a five minute stretch break and get back into the agenda. we are going to reconvene. We are on to item 8 now. this is the first reading of the ordinance amending title ix buildings to adopt discretionary section r327 wildfire hazard mitigation residential building code standards. good evening. senior management analyst in city manager office. We talked about this during the FEBRUARY 25 work session. Just to high level overview this is optional section of oregon specialty code that cities can choose to opt into locally to establish standards for new residential development. Aligned with council goals for the biennium building wildfire resilience, updating code to reflect best practices. As drafted this would apply city-wide. When we were drafting code change we identified that council declared entire city wildfire hazard zone in 2003. Applying r327 city-wide is consistent with that previous declaration. This would preserve that. Biggest question before council is when this new code should take effect. That was the idea to have some more discussion on that. >> this is coming out of the work session where we agreed to move forward in this manner. Questions or thoughts from council? why wouldn't we do it as soon as possible? I am supportive of that. We had a couple development groups or at least one write in to say they support. I don't think we heard concerns about getting this on the books in the normal course. Other thoughts? I would align it with the new building code. For some reason there is a fall date the new building. >> it is OCTOBER. not enforced until JANUARY? it will be OCTOBER 1st. Adopted. can you come to the microphone. it is adopted in OCTOBER. Grace period for it to APRIL 1st. next year? >> yes. that is pretty far. I am not excited going through another summer right now where we are. I would like it sooner rather than later. I think the motion as written would have it apply in normal course right now unless there is something different. what is the soonest? by emergency which means it has to be unanimous first and second reading. In effect after second reading APRIL. if someone wants to propose add by emergency at end of motion. would people support that. I don't. I MAY have my decision made. I am considering voting no, because I don't feel it is consistent. I do understand the council goal to look at codes and policies. Legitimately my heart of hearts and memories of memories I was hoping and thinking we were starting with new fire department role as outreach and to work on the neighborhoods and fire certifications and things like that. The building code update is probably something that we should do at some point in time. `I feel like there is a higher priority now. I feel like a no vote sends message higher priority to educate people what protects housing, removing vegetation, keeping junk out of that five foot area. I am conflicted how quickly we are moving on this. if I MAY. In all fairness, I think we are doing the education front, too. We have melissa going to neighborhood district meetings. We talk about it at the town hall. I don't feel like it is a choice. We are doing both. Do you feel like this signals priority I guess? >> exactly, yes. I am not proposing emergency. we can't if she votes no. >> mike. >> my understanding research shows generally combination of home hardening and defensible space. Home hardens is an essential first step that is what really prevents fire from spreading from home to home or if fire is coming in prepares home better able more likely to withstand ignition into something. good evening. Melissa stehle, deputy fire marshal bend fire. Home hardening goes with defensible space. I understand that there is educational component. With research we have been doing and lots of different studies shows education does not inspire action. When education we can educate all we want. People still have barriers to performing some of these defensible space and home hardening techniques. We can't fire coped our way out. We have something in code written to say something like for our future generations we need to build houses right way and need to start as soon as possible. They work hand in hand. that is the key for me. This is new homes. We are at 80%. I quote that over the next 20 years these homes are built to that standard for future generations for defensibility and insurability. That is key for the code. This bolsters the argument for broader insurance providers to say this is something we look to help us within terms of affordability. if we adopt this and sisters has adopted it and deschutes county it is in effect. Redmond is considering it. Farther out. Our region builders more than building a home here have to adopt to these new set of standards. ready for motion. I move for first reading ordinance amending bend code title ix buildings. >> second. platt mendez. >> in favor. Aye. Opposed. No. okay. Councilor morris come back out. And 12 after 9. >> council is asked to authorize a contract amendment with cascadia partners llc for city of bend growth plan for phase 1 services in the 25-27 biennium. good evening. I am brian senior strategist to talk about growth plan contract amendment. With the community development department in the growth management division. Council, you have been briefed fairly extensively over the past two months on the growth plan. This is one of the major steps you can take towards advancing that work. Tonight we are going to focus on contract amendment. This contract amendment and growth plan will advance almost every goal. I would say every goal will be advanced. Some clear clearly more than others. In particular housing economic prosperity and governance and structure climate resiliency. Those are major elements. Public safety will get attention in first phase and more so later. The process of procurement began this summer issuing request for proposals. Competitive open process. Selected cascadia partners. First contract approval from city manager $159,177 to begin set up work. A lot of time sensitive tasks. We started that work early. Now we are bringing a larger contract amendment to you for not to exceed $2,739,282 for services in this biennium. That and total contract amount are both within materials and services contract or materials and services line item in growth budget. You budgeted for this work. Next two two bienia this could run to 2030. This would be $7.2 million. With all big pieces coming together in this contract amendment approval. This is last and most meaningful. New state rules that guide housing and work we are going to do in next couple works associated with the rules. Effective JANUARY 2026. Department of land conservation development approved climate friendly equitable communities major report about a week ago. That establishes targets and measures associated that comes together. Ultimate dates request was approved to align with sequential review approach. We are still awaiting the dlcd approval foresee consequential review. City council approved, county approved, now on state desk. I expect in a week. City boards and partner agencies are briefed and supportive. This is a photo salem, oregon where the rules and laws come from. It is gorgeous. The team. This is a multi-disciplinary team. Throwing the word expert around is a little dangerous. Sets high expectations. They are expert in the field. 200 years of experience on the project team members between all of them. Cascadia partners is prime consultant to provide all facets urban planning services across the west. Not just oregon. they have a particular specialty in making sure the plans they create are grounded in market reality. They also have expertise in equity focused engagement as well as special analytics. Eco north won and kittleson and dks and associates. They have expertise across those disciplines. They have a particular strength in this contract. Walker MAY see anwar al-awlakikermacy relatively small .Walker nacs. Kittle son a full office here. Not all of the folks live in bend. They have an office here. They are locals as well. For the folks that don't live here they have been working in bend for decades with a good sense of the community. They have been advisors. To the dlcd in housing rule making. On the inside working with agency on rules pertaining to the project and advisors to oregon department of transportation on the transportation planning rules. Wide span of clients. Larger and smaller than bend across the west to bring that expertise and experience into this project. I think really importantly they have been delivering local successes some or all team members are developing local successes for bend in projects. Legacy village involved three or four of those team members in that project. Eric wanted me to touch on efficiencies recognizing the budget amount. We spent a considerable amount of time negotiating the scope of work, working with consultant actively over the past month and-a-half. Focusing on trying to put consulting team in best place across these different deliverables with different team members. Rebalancing roles, streamlining staff working on the project. Those are all important. Cost containment measures. Self-performing deliverables growth management and communication and office of performance management. City staff taking on more responsibilities and delivering rather than consulting firm. The form of engagement is really important. That approach to engagement we discussed to talk about multiple subjects will deliver efficiencies. They are developing the tools. We are expected to deploy them. You will see they are here providing services. They will be with us to train tools to show up to different events. Expectation the city organization will take it beyond that. Some kind of internal stuff that doesn't sound exciting. It is really important in cost containment and efficiency. Data portal to share data to leverage information and data, analytics for city uses and better internal communication as well. Also, there are elements we are investing in things now that we will use later. I think filling gaps that have been in the organization no fault of the organization. This is an opportunity to do some things now we will carry forward in the coming years to make it much more efficient and effective. Some of the transportation and land use modeling tools bringing to the project to use in the project and carry through beyond this for use in the monitoring of the climate friendly equitable community projects. This is a breakdown of contract amendment by the type of work. You will see transportation stands out. However when you sum up the other bars you will see it is one-third transportation, two-thirds other planning type activities. Transportation receives close to $1 million worth of services. Much of that in transportation modeling for this phase. Comprehensive plan came up in discussions. It is a small bar. That is because in phase one city staff is going to do a lot of work in house. We have begun that work. Land capacity core deliverables, growth planning urbanization supportive services to contextualize this project and make it meaningful and inform comprehensive plan. Engagement in government without that the project doesn't have impact and connection with community we hope for. Of course, project management and contingency services. Councilor riley asked me to add this slide. this contract is for the first phase of work. Run through the biennium. Some work will be done in this biennium. Others we are starting tasks that will be completed in next phases of work. Not clean line. We are starting some work to budget for and contract for in following phases. Work in this contract amendment is first bullet points points or dots '26-'27 timeframe identifying future needs. Major policy drivers, determining existing capacities in the slide housing need, employment opportunities analysis as as well as housing capacity analysis. Big question. What do we need? In terms of the land needs employment and housing is the big question to answer. From a deliverables standpoint. nor detailed than this? This is a lot. I I am excited to talk about this. I recognize I should reign myself in at this moment. This is designed to help me discuss and answer your questions. If you want me to cover it briefly, I am happy to do that. This is the focus of the project in the first in this fiscal biennium. We have mobilized tasks setting up project management and governance, data portal underway, process selecting modeling tool for land use transportation we will use for the project. Get staff up and trained to run that with the hope through this project that our staff can take on stronger role in that. The framing portion of this is work related to scenario planning we will bring to the council in an AUGUST workshop which I think is scheduled or getting close. I will meet with the mayor to talk for AUGUST workshop city council probably off site to make it more enjoyable than -- no offense to the table. Something more comfortable and relaxed for everyone. [Inaudible] We are pointed towards that workshop. That is the kickoff of the project. It is going to be an exciting big learning opportunity and get your input to drive our consideration of these subjects as we move forward. From that framing figuring land use. Contextualized housing to tell us how we taylor housing needs type, location, characteristics with particular focus underserved community members. Nuts and bolts of planning on landings inventory. Housing capacity. That is the framing. A little bit of education background city council guidance and the core deliverables. >> this this is a stop I am step I -- step I am excited about identifying the goals, values, principles to how we are growing. Working with the community to decipher what are those values they have? What is the community thinking for the subjects. City council will adopt that vision. That will be your responsibility in phase 2. Phase one we begin that. Kickoff, workshop, shortly there after we roll into visioning and big public outreach effort. That is detailed in the scope of work. That community visioning also can influence deliverables. The second phase deliverables how to grow up and grow out. Strategize. This is really getting more tactical with the city council on couple different subjects. One transportation system. We begin the plan update slowly and steadily in phase one of this work. Talking about system of goals, objectives, performance standards. How do you want to define success how we rank evaluate our system as we grow? Up establish those. Inventories of our system and existing conditions. How is the current system operating? We will learn those things and test efficiencies out of community visioning. Adopting. City council would adopted draft package one of contextualized housing need as well as builtable lands inventory and economic analysis. Those are two adoption points. Another form of engagement. Imagine they are connected through this proposal. we have higher level on visioning. I would say we have have more tactical engagement. A system analysis specially and historically how the community has come to be where it is. Analysis of past patterns practices discrimination. Involves special analysis of underserved community members and analyzing how to meet the various legal requirements and have a framework for considering equity in all of the deliverables. Not just what is required but throughout project. That influences communication engagement strategy which we will finalize. We will also be investing in online engagement tool new to the city. We pull those together. We begin focused engagement with stakeholders and different members of community and smaller environments separate from community visioning. We will bring those up. After the city council workshop we will begin our governance structure which we talked about this is city council as well as calling it the joint committee working group at this point. Not committee of committees. We will find a better name. We had to move away from committee of committees. I am happy to answer questions. Issue summary has more detail and recommended motion. brian, questions? Big project. >> motion. I move to authorize contract amendment with cascadia for city of bend growth plan for phase 1 services in 25-27 biennium not to exceed 273-9282 for a total contract amount not to exceed $2,898,459. second. >> second by riley. Favor. Opposed? Unanimous. Thank you, brian. item 12 now. council is asked to adopt resolution eminent domain for properties along nevroad as part of the nevcorridor improvements project. -- neff corridor project. >> good evening. I am eric. City engineer on the engineering side of the house. With me is todd johnson. Senior project engineer for this project. Revisit of the neff corridor resolution in DECEMBER we did not have the legal descriptions with the project. In addition to that further communication with business owners on neff road. Maintaining access to businesses necessitated a couple other files just for temporary construction easements to tie them in and maintaining that access to their properties. I understand council is familiar with there project. It is 10-foot path along neff. It starts on the east side of piloted bay middle school and running the full length of neff down to eagle road. Parcel on the screen 15 parcels. The ones in yellow are newer ones. Communication has happened with these property owners. also just identifying this mechanism is a way for the city to maintain schedule sent, appraised values not close to what property owners believe taking or using property or nonresponsive. It is a tool to maintain the project. That is the resolution we are looking for council to make tonight. any questions? Multi-use path. All right. move to adopt resolution exercising power eminent domain in agreement cannot be reached up to 15 parcels to construct the neff corridor and authorizing the city manager to take steps mess to implement res. >> all in favor. Aye. Unanimous. Thanks, eric. We will hospital back up to item number 10. Council norris. I am recusing these would have a financial impact on my employer. I will be leaving. are we talking about 10 and 11 together? Right. adopt resolution to authorize city to enter into clean water state revolving fund loan agreement for oregon department of environmental quality to finances detailia and windsor sewer project not to exceed 290-0000. Council is asked to authority the contract with c bar l development for construction of azalia and windsor sewer project. engineering department presenting on construction project. I am finance director and I will talk about the loan. since jason was here presenting at the last council meeting I will skip history. This is second part of the selection that was selected OCTOBER 2024. Two projects areas north of reed market and windsor drive is just off north knott road. We will be doing full pavement restoration and traffic closures with local access for both areas. 1675 feet of sewer main. 21 service latterrals. Dotted properties signed application for program. The nondotted ones did not sign. Windsor area 2305 feet. We are looking to close broster house. Full closure summer when school is out. We do need to close that for construction of the sewer main on that short stretch there. We will do some public outreach with broad outreach prior to closure. a question. Good example. The cul-de-sac. Will they will taking to the end of that. Those people haven't signed? >> no, we will stub north. They will do application in the future to connect to the manhole in the intersection of broster house and windsor. >> they MISS Out? do some have second chance? >> they have opportunity. never designed for cities outreach. that was not requested by neighbors. They wanted to do themselves. They didn't want city to sign up. That is the way it is structured. Neighborhoods put together applications that is the way they wanted the program. budgeted with the grant now? this is lower take on this property. lower what? >> take take rate. >> cull desack the windsor court? no that is receiving. >> windsor court. This one I don't recall the name. >> windsor court will get the main. okay. We will do one down there. >> okay. I thought you are talking about the white cul-de-sac. no, I was asking about windsor. everything in red is served. >> windsor court with the red properties all get services. I sounds like confusion of my question. Without dots that didn't sign will you go back to give them an opportunity or no? all properties in red with dots or not get sewer laterals to property. Good opportunity to follow up on your question from last time. Out of 230 properties connected to date. About 90 didn't sign did take advantage of the connection. project timeline. Community selection october 2024. Second part of the selection. Design 2025. Looking to start construction mid or late APRIL this year and be done by OCTOBER. On the project budget $1.9 million low bid c bar l. Total estimated project cost just over $2 million. funded by revolving fund loan cwsrf. Loan amount not to exceed $2.9 million. With all other cwsrf loans it will be amount to complete project loaned. Final loan will be adjusted to amount drawn down. This loan is eligible for principle forgiveness up to 50%. We will pay back 50% that remains what we originally drew down. >> questions, council? we have two motions 10 and 11. move to adopt resolution authorizing clean water loan fund to finance in total loan amount not to exceed 290-0000 in form presented to council and approved by environmental quality. >> all in favor. Aye. next motion. Move to authorize contract with c before l development llc in substantially form for azalia and windsor sewer project in an amount not to exceed $1,907,607.60. moved mendez, second platt. In favor. Aye. thank you. City manager's report. I will be quick. I mentioned in the council memo about recycling program. From the waste haulers looking in the bins. I shared that with you. Public service announcement. Press releases from haulers. I wanted you to know that is taking place. We have hawthorne connection franklin open house next week on seventh at newberry hotel 4:30 P.M. To 6:30 P.M. APRIL 8 round table for electrification at public works campus 4:00 to 6:00 P.M. We have had divertters installed and a lot of information is out in the community. Some of that is going to go in the council memo. Factual information. Giving you heads up to look for it. If you get that in the community it it is new for bend. There will be reaction. We want to equip you with good information there. I think that is it. That is it. >> great. We are adjourned. Thanks everybody. Live cc by aberdeen captioning. 1-800-688-6621.